1. About these Terms
These terms and conditions (Terms) govern your use of the online services, facilities or functionality that form part of MYOB Accountants Office (AO) or Accountants Enterprise (AE), that we may make available from time to time, including Practice Manager, Document Manager, Tax, Client Accounting and Bank Feeds (collectively, Product).
The Product is provided by MYOB Australia Pty Ltd ABN 12 086 760 198 of Level 3, 168 Cremorne Street, Cremorne, VIC 3121, Australia (if your Sales and Services Agreement [AB1] is governed by the laws of Victoria, Australia) or MYOB NZ Limited (Company Number 902338) of Level 5, Eden 5, 12 Normanby Road, Mount Eden, Auckland, 1024, New Zealand (if your Sales and Services Agreement [AB2] is governed by the laws of New Zealand) (MYOB, we, us or our).
Throughout these Terms, "you", "yours" and "user" refer to the individual or entity that accesses or uses the Product. By purchasing a subscription for, accessing, or using the Product, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Product. If you are accessing or using the Product on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to be responsible for your use of the Product. These Terms are a legally binding agreement between us and you.
These Terms operate in addition to your Supply Order, the Sales and Services Agreement for Australia [AB3] or New Zealand[AB4] and, if applicable the MYOB Practice Terms of Use[AB5] . Unless otherwise defined in these Terms, any capitalised terms have the meaning given to them in the Sales and Services Agreement.
Please refer to the relevant Sales and Services Agreement [AB6] for further details in relation to your use of the Product, including:
the Term of the Sales and Services Agreement and the Supply Order (clause1);
our obligations to you (clause 2);
your obligations to us (clause 3);
when and how we may change the Sales and Services Agreement, Fees or the Product, including what options you have in such circumstances (clause 4);
payment of Fees (clause 5);
confidentiality, privacy and data security (clause 6);
both of our intellectual property and data rights (clause 7);
data feeds, including bank feeds (clause 14);
both of our termination rights (clauses 4.5 and 11); and
liabilities, warranties and indemnities (clauses 6.5, 7.5, 8.4 and 9).
Where there is a conflict between the Sales and Services Agreement and these Terms, the Sales and Services Agreement takes precedence (unless expressly stated otherwise).
2. Services
We agree to supply, and you agree to use, the Product in accordance with these Terms and your Sales and Services Agreement [AB7] .
3. Use and Availability of the Product
Each AE or AO service must have a minimum of 1 full User.
AO and AE have different features, limitations and capabilities. AO is designed as a pre-configured database whereas AE is designed to be extremely flexible and customisable. For more information on the comparison between AO and AE see here[AB8] .
You may need internet access to use certain aspects of the Product. You are responsible for getting and keeping internet access that is compatible with the Product, including browser software versions that are compatible with the Product as published by us on our website from time to time. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such software, or for any compromise of data transmitted using networks or facilities which are not owned or operated by us.
You also need to ensure that your operating systems are compatible, in order to access the Product. For more information on the system requirements, please refer to the System Requirements and Compatibility Statements .
4. Product Upgrades
We may offer you Updates and New Releases from time to time if they are made generally available to other customers. For you to get the best out of the Product, and to enable us to provide you with the best support and resources possible, it is important that you always operate the most current version of the Product. You may not be able to access, use or continue to use the Product if certain Updates or New Releases are not installed, for example, if they are critical to the functionality or security of the Product.
5. User obligations
In addition to any obligations under the Sales and Services Agreement, you must ensure your user list remains up-to-date. In particular:
you control who has access to your Product by following the steps in this [AB9] Help article, including updating which users can view and modify your data. You can add or remove users, or change their level of access or permissions at any time by following these instructions;
You are responsible for the acts or omissions of your users in relation to the Product. You must ensure that your users are aware of, and comply with, these Terms; and
If a user leaves your business, it is your responsibility to remove their access to the Product.
You must also take appropriate security precautions to prevent unauthorised access to your Product, including (without limitation) protecting your access codes, username and password for the Product, as well as the desktop versions of AE and AO. You must not:
tell anyone your password, including any member of your family; or
let anyone else, whether acting as your agent or not, access the Product using your username and password.
If you think anyone else might know your password you should reset your password from within my.MYOB, or contact us as soon as possible to arrange a new password.
You must let us know of any changes to your details which you have provided to us in relation to Product and provide any reasonable proof that we may require.
Lastly, you must not:
use the Product in a way that contravenes any Applicable Law or violates a third party’s legal rights;
interfere with the operation of the Product;
sell, commercialise, lease, loan or otherwise distribute the Product to third parties without our prior written consent;
reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind the Product;
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any Product content (except in respect of Customer Data or where we have given you prior written consent);
use the Product in any way which is harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;
upload any material (including pdf. and .jpg files) into the Product that: contains Personal Information of any individual, without that individual’s express or implied consent; or infringes the Intellectual Property Rights of any third party;
directly or indirectly introduce, or permit the introduction into the Product of, any software viruses or other malicious computer code, files or programs, or in any other manner corrupt, interrupt, destroy or limit the functionality of the Product;
use the Product to send “spam” or otherwise make available any offering which violates these Terms;
remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer, regulatory or legal notice or link that is incorporated into the Product; or
act in a manner that is verbally or physically abusive, threatening or amounts to bullying or harassment of any of our employees, contractors or agents (including our customer support teams).
Last updated October 2023.