1. About these Terms
These terms and conditions govern your use of MYOB Accountants Office Live and MYOB Accountants Enterprise Live (MYOB AO/AE Live) (Terms).
Please refer to the relevant Sales and Services Agreement for the following details in relation to your use of MYOB AO/AE Live:
- payment of Fees;
- Bank Feeds;
- liabilities, warranties and indemnities;
- any other terms and conditions which govern your use of MYOB Accountants Office Live and MYOB Accountants Enterprise Live that are not covered by these Terms.
Where there is a conflict between the Sales and Services Agreement and these Terms, the Sales and Services Agreement takes precedent.
Some words in these Terms have particular meanings:
Bank Feeds means MYOB Bank Feeds, the service which enables you to electronically receive daily or monthly updates of transaction details for your Client's nominated transaction accounts, including business bank accounts and credit cards.
Business means the accounting firm which has subscribed to MYOB AO/AE Live.
Client means a person or entity that has engaged you to perform accounting or bookkeeping services, and whose data you may input into MYOB AO/AE Live. You may authorise a Client to access their data from within MYOB AO/AE Live. A Client may include, but is not limited to, individuals and sole traders, partnerships, companies and trusts.
Fees means the fees and charges relating to the provision of MYOB AO/AE Live.
Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic losses.
MYOB AO/AE Live means any of the online services, facilities or functionality that form part of MYOB Accountants Office Live or Accountants Enterprise Live, and which we make available to you from time to time. This includes MYOB Portal, MYOB Tax, MYOB Client Accounting, Cashbook, Practice Ledger and Bank Feeds.
Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
Privacy Act means the Privacy Act 1988 (Cth) (Australia) or the Privacy Act 1993 (New Zealand), as updated, amended or replaced from time to time (as applicable).
Sales and Services Agreement means the terms of trade that you have entered into with MYOB in relation to your purchase of MYOB Accountants Office or Accountants Enterprise.
Tax Laws means the Taxation Administration Act 1953 (Cth) (Australia) or the Tax Administration Act 1994 (New Zealand), as updated, amended or replaced from time to time, together with any binding regulation, ruling or direction issued by the ATO or Inland Revenue (as applicable) from time to time.
Third Party means any person we have contracted with to help us provide MYOB AO/AE Live. This includes all service providers engaged by us for the delivery, maintenance and administration of MYOB AO/AE Live, including government tax agencies whom we partner with to file tax information on your behalf. In the case of Bank Feeds, any data supplier that is authorised to provide Bank Feeds to us is also a Third Party under these Terms.
User means a person authorised to use MYOB AO/AE Live. MYOB AO/AE Live is a multi-user system.
we, us and our means MYOB Australia Pty Ltd ACN 086 760 198 (Australia) MYOB NZ Limited, Company Number 902338 (New Zealand).
you means the Business, including each User.
2. General Terms
We agree to supply, and you agree to use, MYOB AO/AE Live on the terms and conditions set out in these Terms.
2.2 Protecting your username and password
a. Unless you take adequate security precautions, it could be possible for an unauthorised person to gain access to your MYOB AO/AE Live service. You should reduce this risk by taking appropriate steps to protect your access codes, such as your username and password for MYOB AO/AE Live, as well as the desktop versions of Accountants Office and Accountants Enterprise.
b. In particular you must not:
1. tell anyone your password, including any member of your family; or
2. let anyone else, whether acting as your agent or not, access MYOB AO/AE Live using your username and password.
c. 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.
d. You agree to be liable if your login details are used by an unauthorised person.
2.3 Other responsibilities you have as a User
a. Client Personal Information - you must not enter any data into MYOB AO/AE Live which contains Personal Information of any other person, without that person's express or implied consent. See section 9 for more information on how we use and protect the Personal Information of you and your Clients.
b. Cooperation and limited authority in relation to Third Parties - You:
1. must do all things we consider reasonable and appropriate to enable us to fulfil our obligations to Third Parties in relation to MYOB AO/AE Live; and
2. authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB AO/AE Live, as reasonably required to enable us to provide MYOB AO/AE Live to you.
c. Compliance with Tax Laws - we are not liable for any failure by you or your Clients to meet retention obligations under the Tax Laws, in relation to any data that you input into MYOB AO/AE Live. If you decide to terminate MYOB AO/AE Live we strongly advise you to extract your data from MYOB AO/AE Live prior to termination. For specific advice regarding your or your Clients' compliance obligations under the Tax Laws, please consult the ATO or Inland Revenue as appropriate.
d. Giving access to other users:
1. you can authorise other people to have access to MYOB AO/AE Live as Users. This includes allowing your Clients to access information relating to them.
2. subject to the access rights you grant, authorised Users will be able to view and modify the data in MYOB AO/AE Live. Their use of MYOB AO/AE Live is subject to these Terms, so we suggest that you provide them with a copy. You are responsible for their use of MYOB AO/AE Live. You can stop their access by removing them from your User list within MYOB AO/AE Live or by contacting us.
3. support for MYOB AO/AE Live will be provided to you as the registered owner of the product, and not to any other Users.
e. Change of details - You must let us know of any changes to your details which you have provided to us in relation to MYOB AO/AE Live, and provide any proof of the change we require.
2.4 Use of MYOB AO/AE Live and our intellectual property
a. What you can do - until your use of MYOB AO/AE Live is terminated, you have a non-exclusive and non-transferable licence to use MYOB AO/AE Live in the way that we authorise from time to time.
b. We retain our intellectual property rights - except where specifically set out in these Terms, these Terms do not give you any intellectual property or other rights in any of our:
1. software, documents, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or
2. other intellectual property, and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify these intellectual property rights.
3. Availability of MYOB AO/AE Live
a. MYOB AO/AE Live could be disrupted if systems failure occurs due to technology used by either us or Third Parties involved in providing MYOB AO/AE Live. Delayed receipt of Bank Feeds could result in transactions not being available on a particular day.
b. MYOB AO/AE Live may also be unavailable for short periods because of necessary or desirable system maintenance or upgrades. If this is needed, we will try to inform you beforehand.
c. Subject to the limitations on liability contained in of sections A11 and A12 of the Sales and Services Agreement for Australia and New Zealand as applicable, we are not responsible or liable to you for any Loss or Claim arising from MYOB AO/AE Live or any part of it being delayed, disrupted or unavailable.
d. In order to maximise your business continuity and make it easier to comply with your record retention obligations under the Tax Laws, we encourage you to take steps to archive your business and financial records. This includes your invoices and receipts, and your business reports.
4. No warranty that MYOB AO/AE Live is suitable for your needs
a. MYOB AO/AE Live is a generic service and its capabilities are likely to change over time. This means that MYOB AO/AE Live may not be, or may not remain, suitable for your needs.
b. You must assess the ongoing suitability of MYOB AO/AE Live for you and your business. We are not aware of your individual business needs and cannot provide any specific recommendations regarding your use of MYOB AO/AE Live.
5. What happens to data on termination of your subscription?
a. Your data -
1. You will have read-only access to your data for 60 days from the effective date of termination, after which time you and other Users (including any Clients) will have no further access to the data contained in MYOB AO/AE Live. We may take steps to delete data from our servers at any time after 60 days following the effective date of termination.
2. We strongly suggest that you save any data that you have in MYOB AO/AE Live to your desktop before deciding to terminate your subscription to MYOB AO/AE Live.
b. Continuation of limitations on liability - any limitations on liability which you have given under the Terms continue after termination in relation to your use of MYOB AO/AE Live.
6. Changes to Terms
a. What can we do? We may change any of these Terms at any time.
b. Prior notice - We'll give you at least 10 days prior notice (longer if required by legislation or any other code of conduct we subscribe to) of any change to these Terms that is likely to materially affect or disrupt the manner in which you use MYOB AO/AE Live.
c. Urgent changes - However if we need to restore or maintain the security of MYOB AO/AE Live immediately, we may change your use and access to MYOB AO/AE Live without advance notice.
a. You agree that all communications between you and us in relation to MYOB AO/AE Live will be by email, by us posting a notification within your product or on the MYOB website (myob.com or myob.co.nz), unless another method is agreed to by the addressee.
b. Any notice or other communication to or by a party by email is regarded as being given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee's email address (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee).
c. If the delivery or receipt is on a day which is after 5.00pm (addressee's time) it is regarded as received at 9.00am on the following day.
d. We may provide a notice or other communication to you by a posting to the MYOB website (myob.com or myob.co.nz) or within your product. That notice or other communication is regarded as being given by us and received by you when the posting is made. We recommend that you regularly check your product and the MYOB website for notices or other communications.
You should note a few things about these Terms:
a. Our agreement - These Terms and the documents incorporated by reference, including the relevant Sales and Services Agreement contain the whole of the agreement between us and you in relation to MYOB AO/AE Live. Any representations or warranties made by our staff before you are accepted for participation in MYOB AO/AE Live are not effective unless expressly set out in these Terms and the relevant Sales and Services Agreement. Any waiver of our rights or powers under these Terms may only be given in writing signed by our authorised officer.
b. What happens if some of these Terms can't operate? If any part or provision of these Terms are void, unenforceable or illegal in a jurisdiction, that part or provision does not apply in that jurisdiction. However, the remainder of the Terms continue in operation in that jurisdiction unless this would alter the basic agreement between you and us, in which case we can terminate your use of MYOB AO/AE Live at our election.
c. No waiver by us - If we do not insist upon strict performance of any part or provision of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach or default of these Terms.
d. Assignment - You cannot assign or otherwise transfer the benefit of the agreement between us and you without our prior written consent. We can assign or otherwise transfer the benefit of the agreement between us and you.
e. Which laws apply to the Terms? These Terms are governed:
- Australia - by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to these Terms (being you and us); or
- New Zealand - by the laws of New Zealand and the courts of New Zealand have jurisdiction over the parties to these Terms (being you and us).
a. Clients and third parties:
1. If you provide any Personal Information about third party individuals to us, including your Clients, you must take reasonable steps to ensure that those individuals are aware that we may collect, use and disclose their information for the purpose of providing you with MYOB AO/AE Live. This includes making your Clients aware, where applicable, that we will file their tax information with the relevant government department on your behalf.
b. You and other Users:
1. You must ensure that all Users read this 'Privacy' section and the policies described above before using MYOB AO/AE Live or providing their Personal Information to us.
2. We collect, disclose and use your Personal Information to provide the products and services you have asked for and associated support, respond to your enquiries or feedback and to promote the products and services offered by us and Third Parties. We may collect Personal Information from you, from public sources such as social media websites, and from external providers of marketing leads.
3. To do the things set out above, we may provide your Personal Information to our related companies and Third Parties. Some of the entities may be located in Australia, New Zealand, Singapore, India, the United States or other countries. If you do not provide your Personal Information to us, it may affect our ability to do business with you.
4. You consent to us collecting, using and disclosing your Personal Information for the purposes set out in section 9.b.2 above.
5. You acknowledge and consent that we and our Third Party hosting providers may, in providing part of MYOB AO/AE Live, transfer and host your data, including your Personal Information and any information entered into MYOB AO/AE Live, which may include the Personal Information of your Clients, employees, suppliers or contractors. For more information on how and where your data is hosted using MYOB AO/AE Live please refer to the MYOB website (myob.com or myob.co.nz).
You can contact us about your privacy by email at email@example.com, or by post at "Privacy Officer", MYOB Australia Pty Ltd, PO Box 371, Blackburn Victoria 3130.
You can contact us about your privacy by email at firstname.lastname@example.org, or by post at "Privacy Officer", MYOB NZ Limited, c/- Quigg Partners, Level 7, 36 Brandon Street, Wellington 6011.
i. update your preferences about the marketing and promotional material we send to you;
ii. request access to and seek correction of the Personal Information we hold about you;
iii. make a privacy complaint; and
iv. how we will deal with your complaint.
MYOB Accountants Office and MYOB Accountants Enterprise are registered trade marks of MYOB Technology Pty Ltd.