MYOB Essentials Terms of Use

MYOB Essentials Terms of Use

1. ABOUT THESE TERMS

These terms and conditions (Terms) govern your use of MYOB Essentials.

We offer a range of MYOB Essentials modules with different product features and support services. These Terms apply to all MYOB Essentials modules except for MYOB Essentials Cashbook, which is covered by the MYOB Essentials Cashbook Terms of Use.

If you accept these Terms in Australia, they do not exclude, restrict or modify:

a.     the application of any part of the Australian Consumer Law (ACL);

b.     the exercise of any right or remedy conferred by the ACL; or

c.     the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:

·       contravene the ACL; or

·       cause any part of these Terms to be void.

Tip for reading these Terms. Certain words in these Terms have specifically defined meanings and each time that word is used throughout these Terms, it has the same meaning. An example of this is the words “you” and “your” which mean the Subscriber and/or User (as applicable). You can find a list of the defined words and their applicable meaning, at the end of the document.

2. GENERAL TERMS

2.1       Services.  We agree to supply, and you agree to use, MYOB Essentials on the terms and conditions set out in these Terms.

2.2       Giving Users access to MYOB Essentials

a.         Access control.  As the Subscriber, you control access to your MYOB Essentials by giving access to Users.  Subject to the access rights you grant, Users will be able to view and modify your Subscriber Data. Their use of MYOB Essentials is subject to these Terms, so you must provide a copy to them. You are responsible for their use of MYOB Essentials. You can remove their access at any time by removing them from your User list within MYOB Essentials or by contacting us.

b.         Responsibility for Users. You:

·       agree that you are responsible and liable for the acts and omissions of each User in connection with MYOB Essentials and these Terms, as if they were your acts and omissions; and

·       accept all liability for any unauthorised use of any login credentials issued to any User (other than any unauthorised use resulting from any negligent act or omission that we are legally responsible for).

2.3       Protecting your login credentials. Unless you take security precautions, it may be possible for an unauthorised person to access your Subscriber Data. You must ensure that your login credentials (and those of your Users) are not misused, and remain secure and confidential. You should never:

·       tell anyone your login credentials;

·       let anyone else, whether acting as your agent or not, access MYOB Essentials using your login credentials.

It is also your responsibility to ensure that each User is allocated separate login credentials and that the User keeps his or her login credentials confidential and secure.  You should be particularly careful when accessing MYOB Essentials from a public computer.

If you think anyone else might know your login credentials (or those of your Users), you (or the affected User) should reset the affected password in MYOB Essentials, or contact us without delay to arrange a password reset.

2.4       Your other responsibilities

a.         No interference with MYOB Essentials. You must not (and must ensure that your Users do not):

·       interfere with the operation of MYOB Essentials;

·       sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan or otherwise distribute all or part of MYOB Essentials, or any adaption, modification or derivative of all or part of MYOB Essentials;

·       reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind MYOB Essentials;

·       (except in respect of Subscriber Data or where we have given you permission) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any MYOB Essentials content;

·       use MYOB Essentials in a way that contravenes any law, regulation or government order or violates a third party’s legal rights;

·       upload any material (including pdf. and .jpg files) into MYOB Small Business, or otherwise use MYOB Small Business in any way which is: harmful, threatening, abusive, vulgar, obscene or otherwise objectionable; contains Personal Information of any other person without that person’s express or implied consent; infringes the Intellectual Property Rights of any other person; or constitutes misuse or resale of MYOB Small Business or any associated materials;

·       directly or indirectly, introduce or permit the introduction into MYOB Essentials of any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of MYOB Essentials.

·       use MYOB Essentials to send “spam” or otherwise make available any offering designed to violate these Terms; or

·       remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer statement, regulatory or legal notice or link that is incorporated into MYOB Essentials.

b.         Cooperation and limited authority in relation to Third Parties. You:

·       must do all things reasonable to enable us to fulfil our obligations to Third Parties in relation to MYOB Essentials, including, in the case of Data Feeds, giving your Data Supplier the necessary authority to provide the relevant data to us; and

·       authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB Essentials, as may be reasonably required to enable us to provide MYOB Essentials to you.

c.         Keeping your contact details up-to-date. You must ensure that we have your up-to-date contact details. We might require proof of contact details.

d.         Accuracy of Payroll Data (MYOB Essentials payroll module users only). You are responsible for verifying the Payroll Data that you input into MYOB Essentials and ensuring that it is accurate and complete.

2.5       Subscriber Data

a.         Ownership of Subscriber Data. We agree that you (and/or your third party licensors) retain all rights, title and interest (including all Intellectual Property Rights) in the Subscriber Data.

b.         Licence to Subscriber Data. You grant to us a non-exclusive and royalty-free licence to:

·       use the Subscriber Data:

A.         to enable us to perform our obligations under these Terms;

B.         to improve our products and services;

C.         to identify, develop and deliver other functionality, products and services that may be of interest to you; and

D.         for other purposes to which you expressly consent from time to time; and

·       use anonymised information derived from the Subscriber Data in perpetuity for any purpose.

c.         Necessary rights in Subscriber Data. You warrant that you have all necessary rights to grant us the licence to Subscriber Data under section 3.5.b.

d.         Accuracy and completeness of Subscriber Data. We are not responsible for any inaccuracy in, or incompleteness of, the Subscriber Data or Exported Data.

e.         Record retention during your Subscription period. It’s important to safeguard your records and Subscriber Data. There is an inherent risk of data loss with any technology. You should retain a copy of your records and all Subscriber Data at all times. You acknowledge and agree that MYOB Essentials is not intended to be used as, and must not be relied upon by you as, a data backup or storage service. Your access to your Subscriber Data within MYOB Essentials is conditional upon you paying the Fees in full when due.

f.          Compliance with Tax Laws and ER Laws. It’s your responsibility to retain your records for Tax Law and ER Law compliance purposes (as applicable). We are not liable for your failure to meet your legal obligations for record retention in relation to any Subscriber Data. If you decide to terminate your Subscription, you should extract your Subscriber Data in its entirety as soon as possible prior to or following termination. See section 9.3 for further details. For specific advice regarding your compliance obligations under the Tax Laws or the ER Laws, please consult the Australian Taxation Office, Inland Revenue Department of New Zealand or your professional advisor, as appropriate.

g.         Data storage after the end of your Subscription. Data held in our systems is subject to back-up and archive processes. At the end of your Subscription, we may retain copies of your Subscriber Data in our archives. We may also continue to store and use your Subscriber Data in accordance with section 3.5.b. Our storage and use of that Subscriber Data remains subject to these Terms. You may request that we delete your Subscriber Data by contacting us on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand).

h.         Accessing archived Subscriber Data after the end of your data extraction period.  If you need to access your archived Subscriber Data records after the end of your data extraction period (see Section 9.3.b), contact us on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand). Access to archived Subscriber Data may be subject to additional fees and might require that you have an active MYOB subscription to view the records. We can’t guarantee that we’ll always be able to recover your historical Subscriber Data, which is why you should keep your own records and copies of Subscriber Data.

i.          Protecting your confidential Subscriber Data.  While using MYOB Essentials, you might share confidential Subscriber Data with us. We take steps to safeguard your Subscriber Data. We may disclose your Subscriber Data: to Third Parties that we have engaged to help us provide MYOB Essentials; and if required to do so under applicable laws.

2.6       Our Intellectual Property Rights

a.         Licence. Subject to your payment of the Fees, we grant you a non-exclusive, revocable and non-transferable licence to use MYOB Essentials in the way that we authorise from time to time. This licence continues until these Terms are terminated in accordance with section 9.

b.         We retain our Intellectual Property Rights. Except as specifically set out in these Terms, these Terms don’t give you any Intellectual Property Rights or other rights in: MYOB Essentials; Usage Data; our documents, software, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or any of our other Intellectual Property Rights.

c.         Intellectual Property Rights deriving from your use of MYOB Essentials. You agree that any Intellectual Property Rights in any systems, processes or methodologies developed by you deriving from your use of MYOB Essentials become our Intellectual Property Rights (and you assign all such Intellectual Property Rights to use on their creation).

2.7       Try Free for 30 Days. When you subscribe online, you will have access to your selected MYOB Small Business Subscription Plan for free for the first 30 days. By providing your credit or debit card details to us, you acknowledge that the subscription automatically renews on a monthly basis and you authorise us to automatically debit your credit or debit card at the end of the first 30 days. 

3.8       Trial. We may make MYOB Small Business available free of charge to new subscribers for a trial period (Trial). At the end of the Trial, you have the option of subscribing to MYOB Small Business for a fee. If you do not subscribe before the end of the Trial, your access to MYOB Small Business will be restricted. You will have read-only access to reports for an additional 60 days. After this time, you will no longer be able to log in to MYOB Small Business or access Subscriber Data.

2.9       Payment of Fees and Direct Debit Authority

This section applies to you if you are responsible for paying the Fees for your Subscription. If another person (for example, a Professional Partner) is responsible for paying the Fees in relation to your use of MYOB Essentials, and they stop paying us, you will need to pay the Fees to continue your use of MYOB Essentials, in compliance with this section. If you accept these Terms in Australia, please see the MYOB Direct Debit Terms and Conditions for Purchasing Online in Australia for more details on your direct debit authority.  If you accept these Terms in New Zealand, please see the Terms for Purchasing Online with MYOB in New Zealand for more details on your direct debit authority

a.         Payment of Fees. You must pay all Fees by the due date. Fees are published on the MYOB website: www.myob.com.au/essentials for Australia and www.myob.co.nz/essentials for New Zealand.

b.         Changes to Fees. By giving you at least 20 days’ notice, we may:

·       change the amount of any Fee or introduce a new Fee; and

·       change the circumstances in which, or frequency with which, a Fee is payable.

We will give notice of the change by publishing the new fee on the MYOB website (www.myob.com.au/essentials for Australia and www.myob.co.nz/essentials for New Zealand) or giving notice in any of the ways set out in section 12.1.

c.         Termination rights. If we change the Fees under section 3.8.b above, then you can terminate your Subscription under section 9.1.

d.         Direct Debit Authorisation. You authorise us to deduct monthly instalments and any other Fees payable to us in respect of your use of MYOB Essentials (including any Fees payable under the Fair Use Policy). You give us this authority by providing us with your credit card or other payment details.

e.         Processing Fee payments

·       Debiting of Fees will ordinarily occur on the first business day of each month (but may occur at other times as required or permitted under these Terms) and can be in advance or in arrears as we determine. We will provide a monthly statement (and tax invoice, where applicable) detailing the Fees that have been debited.

·       The first payment will be pro-rated according to the end of the Trial Period for the appropriate number of days until the end of that month.

·       It is your responsibility to ensure that:

A.         you have sufficient credit or funds available in your nominated credit card or bank account to cover your monthly payment; and

B.         your credit card or account details are up to date.

f.          If your payment is declined

·       If we cannot debit your Fees from your credit card, we will attempt to re-draw 3 times. If these attempts fail, we will tell you and you will be allowed 14 days to respond.

·       If we cannot debit your Fees from your bank account, we will advise you of the decline and you will be given until the date of your next invoice to respond.

·       A dishonour fee may also be charged by both us and your financial institution to cover reasonable administrative and processing costs. If the Fees remain unpaid, we may suspend or terminate your use of MYOB Essentials.

g.         If there has been a problem. If you believe there has been an error in debiting your credit card or bank account, you should notify us immediately at accounts@myob.com so that we can resolve your query promptly. If we conclude that your credit card or bank account has been incorrectly debited, we will arrange a refund of the incorrect debit.

h.         Fees for additional services. We may offer additional services to complement MYOB Essentials.  Those additional services might be subject to additional fees.

2.9       Goods and services tax (GST) and duties

a.         All Fees are subject to GST. If a Fee is stated as being GST inclusive, then it already includes the GST.  If a Fee doesn’t say it’s GST inclusive, then we will add GST to the amount.

b.         You must pay all duties (including stamp duty, other government charges and financial institution account fees, if applicable) payable in relation to your use of MYOB Essentials. If we have paid them on your behalf, they must be reimbursed by you on our request.

3. OTHER APPLICATIONS

3.1       Offer. From time to time we may offer Other Applications for MYOB Essentials. Other Applications may be subject to their own additional terms of use.

3.2       No warranties. We make no warranties in relation to any Other Application, regardless of whether an Other Application is provided by a Professional Partner or is otherwise recommended by us.

3.3       Access to Subscriber Data. If you install or enable an Other Application for use with MYOB Essentials, you consent to us allowing the Other Application to access your Subscriber Data as required to enable MYOB Essentials and the Other Application to operate together. Any exchange of data or other interaction between you and an Other Application provider is solely between you and them. We are not responsible or liable for any disclosure, modification or deletion of your Subscriber Data as a result of any access to MYOB Essentials by an Other Application provider.

4. DATA FEEDS

4.1       How do Data Feeds work?

a.         Data Feeds work by you authorising your Data Supplier to provide us (and your Professional Partner if applicable) with Imported Data. By registering for Data Feeds you are giving your Data Supplier permission to provide us with Imported Data. Your Data Supplier might require you to give a hard copy authority form to set up the Data Feed.

b.         You may only use bank feeds for the Subscriber’s transaction accounts.

4.2       Important points about your Data Supplier. Your Data Supplier:

a.         may be paid a commission by us for providing your Imported Data to us;

b.         is under no obligation to provide us with your Imported Data and it can stop doing so at any time without notice to either you or us; and

c.         is not a party to any agency, partnership, joint venture or other type of similar relationship with us, and is not responsible for our actions or those of any other Third Party.

4.3       How you can end your use of Data Feeds. If you wish to cancel your Data Feeds but continue to use MYOB Essentials, you must advise your Data Supplier in writing. Allow at least 14 days for your Data Supplier to process the cancellation.

4.4       When your Data Supplier can terminate your Data Feeds

a.         Your Data Supplier can terminate your authority to give us Imported Data at any time, for any reason, by giving you no less than 7 days’ notice.

b.         Your Data Feeds will be automatically cancelled when your Subscription ends. See section 9 for more information on ending your Subscription.

4.5       Fees for Data Feeds. If your Data Supplier charges you any fees related to your Data Feeds or associated accounts, you’re responsible for and must pay those fees. If you don’t do this, we may not be able to provide the Data Feeds to you.

4.6       Fair Use Policy. In addition to your monthly subscription fee for MYOB Essentials, you may be charged a Fee for excess bank feeds transactions under the Fair Use Policy Australia and New Zealand, respectively. You will be charged in the currency of the country where you accept these Terms.

5. MYOB YOURPAY

This section applies if you make the MYOB YourPay app available to your Employees.

5.1       Giving access to Employees

a.         Invitations. You can invite your Employees to access MYOB YourPay, where they can view their payslip and add their timesheet information. You can do this by adding the email address of the Employee that you wish to invite where indicated on the ‘Employee Details’ screen within MYOB Essentials. The Employee will then receive an email linking them to the MYOB YourPay webpage where they will be prompted to create a username and password to access MYOB YourPay.

b.         Responsibility. You are responsible for:

·       ensuring that you enter the correct email addresses of your Employees to the ‘Employee Details’ screen;

·       making sure that your Employees protect their MYOB YourPay usernames and passwords;

·       checking the accuracy of any data entered into MYOB YourPay by your Employees, from within MYOB Essentials; and

·       regulating your Employees’ access to the MYOB YourPay (for example, by restricting an Employee’s access once they are no longer employed by the Subscriber – see section 6.2 below).

5.2       When an Employee leaves the Subscriber

a.         Restricted access rights. When an Employee leaves the Subscriber you can restrict their access to MYOB YourPay so that they can only access their payslips.

b.         Downloading payslips. You should arrange for departing Employees to download their payslips prior to leaving the Subscriber, so that they are not affected by any subsequent changes to your Subscription.

5.3       MYOB YourPay support

a.         Contact details. For MYOB YourPay support (8:30am and 5pm Monday to Friday, excluding public holidays), contact:

Australia: phone 1300 555 123 or email payrollteam@myob.com; or

New Zealand: phone 0800 60 96 62 or email payrollteam@myob.co.nz.

b.         Only you can obtain support. Our support team will only respond to communications from you or the nominated User for your Subscription. Our support team won’t respond to direct communications from your Employees in relation to MYOB YourPay.

6. MYOB TEAM

This section applies to you if you use the MYOB Team functionality.

6.1       Giving access to Employees

a.         Invitations. You can invite your Employees to use MYOB Team.  You can do this by adding the email address of the Employee in the ‘Employee Details’ screen within MYOB Essentials and then adding the Employee to a team within the MYOB Team admin portal. The Employee will then receive an email linking them to the MYOB Team app.  The Employee will need to create a username and password to use MYOB Team.

b.         Responsibility. You are responsible for:

·       ensuring that you enter the correct email addresses of your Employees to the ‘Employee Details’ screen;

·       making sure that your Employees protect their MYOB Team usernames and passwords;

·       checking the accuracy of any data entered into MYOB Team by your Employees;

·       regulating your Employees’ access to the MYOB Team (for example, by restricting an Employee’s access once they are no longer employed by the Subscriber); and

·       ensuring that you use MYOB Team in a way that complies with all relevant laws including ER Laws, privacy and surveillance laws.

6.2       When an Employee leaves the Subscriber

a.         Restricted access rights. When an Employee leaves the Subscriber you can restrict their access to MYOB Team so that they can only access their historical data.

b.         Downloading payslips. You should arrange for departing Employees to download their payslips prior to leaving the Subscriber, so that they are not affected by any subsequent changes to your Subscription.

6.3       MYOB Team support

a.         Contact details. For MYOB Team support (8:30am and 5pm Monday to Friday, excluding public holidays), contact:

Australia: phone 1300 555 123 or email payrollteam@myob.com; or

New Zealand: phone 0800 60 96 62 or email payrollteam@myob.co.nz.

b.         Only you can get support. Our support team will only respond you or the nominated User for your Subscription. Our support team won’t respond to direct communications from your Employees in relation to MYOB Team.

7. AVAILABILITY OF MYOB ESSENTIALS

7.1       Disruption. MYOB Essentials may be disrupted during certain periods, including as a result of:

a.         telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

b.         negligent, malicious or wilful acts or omissions of third parties (including the Third Parties);

c.         maintenance or repairs carried out by us or any Third Party in respect of any of the systems used in connection with providing MYOB Essentials;

d.         services provided by Third Parties (including internet service provider services) ceasing or becoming unavailable; or

e.         circumstances or events beyond our reasonable control.

You acknowledge and agree that we make no representations, warranties or guarantees in relation to the availability, continuity, reliability or security of MYOB Essentials (or any services provided in connection with MYOB Essentials).

7.2       System maintenance. Where MYOB Essentials is unavailable because of system maintenance or repairs, we will try to inform you beforehand.

7.3       No liability. Subject to the terms of section 10 below, we are not responsible or liable to you or the Subscriber for any Loss or Claim arising from MYOB Essentials or any part of it being delayed, disrupted or unavailable.

7.4       Keep your own records. In order to maximise your business continuity and comply with your record retention obligations, you should retain a copy of your business and financial records (including invoices, receipts, business reports and Subscriber Data).

8. TERMINATION

8.1       How can you cancel your Subscription?

a.         By notice. You can terminate your Subscription by phoning us at least 10 days before the end of the current period of your Subscription. To do so, please call our Customer Service team directly on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand) and select “Billing Enquiries” when prompted. The effective date of termination will be the last day of the current month of your Subscription.

b.         On expiry. Your Subscription will end on the effective date of termination. However, during the notice period, you are still liable for any Fees in relation to your use of MYOB Essentials up to the effective date of termination. Refer also to section 9.3 below for other important content about what happens on the effective date of termination.

c.         For breach. You may also terminate your Subscription if we fail to remedy a material breach of these Terms within 10 days of you giving us notice of the breach in writing.

8.2       How can we terminate your Subscription without prior notice. These are the situations in which we can terminate your Subscription without prior notice. We will notify you of your suspension or termination as soon as possible. The situations are:

a.         If a breach occurs: you fail to remedy a material breach of these Terms within 10 days after we give you notice of the breach.

b.         Something threatens MYOB Essentials:

·       in our opinion, a change to any Third Party arrangement necessary for MYOB Essentials renders the ongoing operation of MYOB Essentials substantially unworkable or non-functional;

·       in our opinion, the actions of a regulator or a change in law or regulation makes the ongoing operation of MYOB Essentials substantially unworkable or non-functional; or

·       we believe this is necessary either to protect the security, integrity or reputation of MYOB Essentials or any MYOB Essentials function, service or facility, or to otherwise protect our interests.

c.         We have concerns about the Subscriber:

·       we receive notification of a dispute from one or more of the directors or principals of the Subscriber;

·       you go into liquidation, administration, insolvency, bankruptcy or such other similar arrangement with creditors, or in our opinion, it is reasonably likely you will do so; or

·       there is a change in who owns or controls the Subscriber.

d.         Notification requirements. We will notify you in writing (which includes by email) of the suspension or termination. If you become aware that a circumstance which would permit us to terminate your Subscription under section 9.2.c has arisen or may arise, you must advise us in writing as soon as possible

e.         Reinstatement. We can reinstate a termination in our absolute discretion by written notice to you, and this takes effect on receipt or any later time specified in the notice, subject to you meeting any conditions set out in the notice.

8.3       What happens on the effective date of termination?

a.         Rights and obligations on termination. On the date of effective termination of your Subscription:

·       the licence granted under section 3.6.a terminates;

·       you must immediately stop using (and ensure that all your Users immediately stop using) MYOB Essentials;

·       we may continue to store, use and access your Subscriber Data in accordance with sections 3.5.b, 3.5.g;

·       you will only be able to access, your Subscriber Data in accordance section 9.3.b; and

·       your use of MYOB YourPay will cease in accordance with section 9.3.c.

b.         Limited period for data extraction.

·       You acknowledge and agree that you will have 60 days from the effective date of termination to extract your Subscriber Data from MYOB Essentials at no charge.  After this period, after which time you and other Users (including your Employees and Professional Partner) will have no further guaranteed access to MYOB Essentials or your Subscriber Data. For access to Subscriber Data after termination, see section 3.5.h.

·       We strongly recommend that you extract your Subscriber Data for compliance and archive purposes as soon as possible following termination of MYOB Essentials. Failure to extract and retain your Subscriber Data following termination may result in you being unable to comply with your record retention obligations under law (including Tax Laws and ER Laws).

c.         If you use MYOB YourPay or MYOB Team:

·       Your Employees will no longer be able to submit their timesheet data to you or access their payslips using MYOB YourPay from the effective date of termination.

·       You will be able to access a report on your Employees’ timesheet data and their pay slips for a period of 60 days following the termination of your Subscription.

·       We strongly recommend that you arrange for your Employees to download their payslips from MYOB YourPay prior to terminating your Subscription.

d.         Continuation of limitations on liability. Any limitations on liability which you have given under these Terms continue after termination in relation to your use of MYOB Essentials.

9.  LIABILITY, WARRANTIES, REPRESENTATIONS AND INDEMNITIES

9.1.      No warranty that MYOB Essentials is suitable for your needs

a.         MYOB Essentials is a generic service and its capabilities are likely to change over time. This means that MYOB Essentials may not be, or may not remain, suitable for your needs.

b.         You must assess the ongoing suitability of MYOB Essentials for the Subscriber. We are not aware of your individual business needs and cannot provide any specific recommendations regarding your use of MYOB Essentials.

9.2       Liability for other conditions or warranties

a.         To the extent permitted by law (and subject to section 10.2.d if you accept these Terms in Australia), we provide no warranty and make no claim in relation to our performance, the performance of MYOB Essentials, or any service associated with MYOB Essentials.

b.         Our liability to you for any non-compliance with a statutory guarantee, or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms, or any breach by us of these Terms however arising (whether for breach of these Terms, tort (including negligence), statute, custom, law or on any other basis), is limited to:

·       the resupply of MYOB Essentials or the service (as applicable); or

·       the cost of re-suppling MYOB Essentials or the service (as applicable), and in any event will be limited to the fullest extent permitted by law.

c.         All representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).

d.         If you accept these Terms in Australia, sections 10.2.b and 10.2.c above are not intended to have the effect of excluding, restricting or modifying:

·       the application of all or any of the provisions of the ACL; or

·       the exercise of a right conferred by such a provision; or

·       any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

9.3       When we and Third Parties will not be liable to you

We and Third Parties (including, in the case of Data Feeds, your Data Supplier) are not responsible or liable to you or the Subscriber for:

a.         any Loss or Claim relating to the provision of the Subscriber Data, Imported Data, Payroll Data, Exported Data or system data made available through MYOB Essentials, including delays, disruptions, inaccuracies or the loss of data;

b.         any Loss or Claim relating to your use of, or reliance upon, the Subscriber Data, Imported Data, Payroll Data, Exported Data or system data provided to you through MYOB Essentials;

c.         any Loss of Claim relating to the actions or inaction of Third Parties, Other Application providers or other persons (including those which may be negligent or unauthorised) relating to MYOB Essentials;

d.         any Loss or Claim arising from a failure by us to comply with the Terms for any cause which could not reasonably be controlled or prevented by us;

e.         any Loss or Claim arising from a failure by you or the Subscriber to maintain archive records of your Subscriber Data; or

f.          If you are a user of MYOB YourPay or MYOB Team, any Loss or Claim incurred by you in connection with the submission of inaccurate or incomplete timesheet information by your Employees.

9.4       Indemnity to us and Third Parties

a.         You indemnify us, our staff, and Third Parties (including, in the case of Data Feeds, your Data Supplier) (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your (and your Users’) negligence, misrepresentation, fraud, breach of law or breach of these Terms. You indemnify the Indemnified Parties for any Loss or Claim suffered or incurred from the unauthorised use of your Username or a Password.

b.         If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section 10.4.a above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.

10. CHANGES TO TERMS AND MYOB ESSENTIALS

10.1      What can we do? We may change any of these Terms (including the Fees, which are specifically dealt with in section 3.8.b. above).  We may also make changes to our products, including MYOB Essentials.  This might include adding or removing features or change the inclusions in our product options. 

10.2      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 that is likely to materially affect or disrupt the way you use MYOB Essentials.

10.3      Urgent changes. However, if we need to restore or maintain the security of MYOB Essentials urgently, we may change your use and access to MYOB Essentials without advance notice.

10.4      Right of termination. If we make a change to MYOB Essentials or these Terms under sections 11.1. or 11.2 above, then you have the option to terminate your Subscription under section 9.1.

11. NOTICES

11.1      Methods. You agree that all communications between you and us in relation to MYOB Essentials will be by email, by in-product notification, or by us posting a notification on the MYOB website (myob.com.au or myob.co.nz).

11.2      Timing. 

a.         Any notice or other communication to or by a party by email is taken to be received at the time of transmission as recorded from the sender’s e-mail exchange (unless the sender receives a delivery failure notification indicating that the email has not been delivered).

b          If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.

11.3      In-product and website notifications.  We may provide a notice or other communication to you by a posting to the MYOB website (myob.com.au 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 the MYOB website and your product for notices or other communications.

12. LEGAL

12.1      This is our complete agreement. These Terms and the documents incorporated by reference, including any Fee increases notified to you, contain the whole of the agreement between us and you in relation to MYOB Essentials. Any representations or warranties made by our staff before you are accepted for your Subscription do not form part of these Terms unless expressly set out in these Terms or the other documents referred to above. Any waiver of our rights or powers under these Terms may only be given in writing signed by our authorised officer.

12.2      Additional MYOB services. From time to time, we may offer additional MYOB products or services that can integrate with MYOB Essentials (such as payment services). Those products or services may be subject to additional terms of use.

12.3      What happens if some of these Terms can’t operate? If any parts of these Terms are void, unenforceable or illegal in a jurisdiction, that part 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 Essentials at our election.

12.4      No waiver by us. If we do not insist upon strict performance of any part of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach or default of these Terms.

12.5      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 at any time.

12.6      Which laws apply to the Terms?  If you accept these Terms in New Zealand, these terms are governed by the laws of New Zealand and the courts of New Zealand have jurisdiction over the parties to these Terms (being you and us).  Otherwise, these Terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction over the parties to these Terms (being you and us).

13. YOUR PRIVACY

13.1      Collection, disclosure and use. We collect, hold, disclose and use your Personal Information in accordance with these Terms, the MYOB Group Privacy Policy, and applicable laws, including to: provide you with the products, services and support you have asked for; respond to your enquiries or feedback; improve the user experience in relation to our products and services; promote our products and services and those of associated Third Parties; and comply with our legal obligations. We usually collect Personal Information directly from you, however in some cases we may also collect it from other sources such as social media websites or Third Parties that provide us with marketing leads.

13.2      Disclosure to others. To do these things, we may disclose your Personal Information to third parties, such as our related companies or our service providers (including IT and administrative service providers and our professional advisors) in accordance with these Terms, the MYOB Group Privacy Policy, and applicable laws. These third parties may be located in Australia, New Zealand, South Africa, the United States, or other countries. If you do not provide your Personal Information, it may affect our ability to do business with you.

13.3      Consent. You consent to us collecting, holding using and disclosing your Personal Information in accordance with these Terms, the MYOB Group Privacy Policy and applicable laws. You must obtain all necessary consents and provided all necessary notices in accordance with applicable privacy laws (including the Privacy Act) in relation to any Personal Information you supply in connection with these Terms, including from your Users.

13.4      Australia. If you accept these terms in Australia, the MYOB Group Privacy Policy for Australia covers how we handle Personal Information, including how to:

·       update communications preferences or opt out from marketing and promotional material;

·       request access to and seek correction of the Personal Information we hold about you; and

·       make a privacy complaint and how we deal with complaints.

You can contact us by email at privacy_officer@myob.com.au, or by post at: "Privacy Officer", MYOB Australia Pty Ltd, PO Box 73, Richmond VIC 3121.

13.5      New Zealand. If you accept these Terms in New Zealand, MYOB Group Privacy Policy for New Zealand covers how we handle Personal Information. You can also ask us not to use your information to promote products and services by contacting the Privacy Officer using the details outlined below.

You can contact us about your privacy by email at privacy_officer@myob.co.nz, or by post at: “Privacy Officer”, MYOB NZ Limited, C/- Quigg Partners, Level 7, 36 Brandon Street, Wellington, 6011.

13.6      Users. You must ensure that all Users read this ‘Your privacy’ section and the policies described above before using MYOB Essentials or providing their Personal Information to us.

13.7      Notice to individuals. If you provide any Personal Information about third party individuals to us, you must ensure that those individuals are aware of the matters in this ‘Your Privacy’ section and that we may collect, use, and disclose their information to provide you with MYOB Essentials in manner contemplated in these Terms, the MYOB Privacy Policy and as otherwise may be required by applicable laws.

DEFINITIONS

In these Terms:

Data Feed means a data feed from an organisation or Other Application authorised by you.  It includes bank feeds, invoice feeds and supplier feeds.

Data Supplier means an organisation authorised by you to supply us with Imported Data.  This might include your bank, customer, or a supplier.

Employees means employees of the Subscriber.

ER Laws means all laws in Australia or New Zealand (as applicable) regulating employment relations, which will apply to you if you are a user of an MYOB Essentials payroll module.

Exported Data means data exported, extracted or transmitted from MYOB Essentials to a storage destination or organisation nominated by you.  It includes data transmitted to Other Applications and exported data files.

Fair Use Policy means the MYOB BankFeeds Fair Use Policy for Australia and New Zealand, respectively.

Fees means the fees and charges relating to your Subscription, as notified to you when you started using MYOB Essentials, and any changes to those fees published on our website at www.myob.com.au/essentials (Australia) or www.myob.co.nz/essentials (New Zealand). This includes any fees charged under the Fair Use Policy for Australia and New Zealand respectively.

Imported Data means data that is imported or transmitted into MYOB Essentials from an organisation or Other Application authorised by you.

Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know-how and moral rights.

Loss or Claim means any loss, liability, claim, action, proceeding, damage, compensation, cost, or expense (including all reasonable legal costs and expenses), including liability in tort and any consequential or economic losses.

MYOB Essentials means any and all of the services, features or functionality comprising the product ‘MYOB Essentials’ which we make available from time to time. This includes the specific MYOB Essentials product modules in your subscription, the MYOB YourPay app, the MYOB Teams app, and Data Feeds (as applicable).

Other Application means any application or service offered by a third party to integrate and be used in conjunction with MYOB Essentials.

Payroll Data means the Subscriber payroll information that you or your Users input into MYOB Essentials if your subscription includes an MYOB Essentials payroll module.

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 (if you accept these Terms in Australia) or the Privacy Act 2020 (if you accept these Terms in New Zealand) as amended or replaced from time to time.

Professional Partner means a person who provides bookkeeping, accounting, or similar services to the Subscriber, and who may be appointed as a User.

Subscriber means the business that subscribes to MYOB Essentials. A Subscriber may be a sole trader, partnership, company, trust or another type of organisation or entity.

Subscriber Data means data, information, text, graphics, images or works of authorship of any kind (including Imported Data and Payroll Data), information (including Personal Information) and other materials entered or uploaded by you, your Users, or your Data Supplier (as applicable) into MYOB Essentials, but excludes the Usage Data.

Subscription means your subscription to MYOB Essentials.

Tax Laws means the Taxation Administration Act 1953 (Cth) (if you accept these Terms in Australia) and Tax Administration Act 1994 (if you accept these Terms in New Zealand) as amended or replaced from time to time, and any binding regulation, ruling or direction issued by the Australian Taxation Office or Inland Revenue Department of New Zealand (as applicable) from time to time.

Third Party means any person we have engaged to help us provide MYOB Essentials or related services. This includes any other service providers engaged by us to assist in the delivery, maintenance, and administration of MYOB Essentials. In the case of Data Feeds, any Data Supplier that you authorise to provide Imported Data to us is also a Third Party under these Terms.

Usage Data means all data that MYOB may collect (from you) or process:

a.             when you subscribe to MYOB Essentials or otherwise in order to administer your Subscription (such as your name, contact details and payment information); and

b.             in connection with monitoring your use of MYOB Essentials, including analytics data.

User means a person authorised by the Subscriber to use MYOB Essentials (including Employees and Professional Partners).

We, us and our means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms in New Zealand).

You and your mean the Subscriber and/or User (as applicable). Last updated August 2021.

MYOB, the MYOB logo, MYOB Essentials, MYOB YourPay and MYOB Team are trade marks of MYOB Technology Pty Ltd.

MYOB Essentials Terms of Use

1. ABOUT THESE TERMS

These terms and conditions (Terms) govern your use of MYOB Essentials.

We offer a range of MYOB Essentials modules with different product features and support services. These Terms apply to all MYOB Essentials modules except for MYOB Essentials Cashbook, which is covered by the MYOB Essentials Cashbook Terms of Use.

If you accept these Terms in Australia, they do not exclude, restrict or modify:

a.     the application of any part of the Australian Consumer Law (ACL);

b.     the exercise of any right or remedy conferred by the ACL; or

c.     the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:

·       contravene the ACL; or

·       cause any part of these Terms to be void.

Tip for reading these Terms. Certain words in these Terms have specifically defined meanings and each time that word is used throughout these Terms, it has the same meaning. An example of this is the words “you” and “your” which mean the Subscriber and/or User (as applicable). You can find a list of the defined words and their applicable meaning, at the end of the document.

2. GENERAL TERMS

2.1       Services.  We agree to supply, and you agree to use, MYOB Essentials on the terms and conditions set out in these Terms.

2.2       Giving Users access to MYOB Essentials

a.         Access control.  As the Subscriber, you control access to your MYOB Essentials by giving access to Users.  Subject to the access rights you grant, Users will be able to view and modify your Subscriber Data. Their use of MYOB Essentials is subject to these Terms, so you must provide a copy to them. You are responsible for their use of MYOB Essentials. You can remove their access at any time by removing them from your User list within MYOB Essentials or by contacting us.

b.         Responsibility for Users. You:

·       agree that you are responsible and liable for the acts and omissions of each User in connection with MYOB Essentials and these Terms, as if they were your acts and omissions; and

·       accept all liability for any unauthorised use of any login credentials issued to any User (other than any unauthorised use resulting from any negligent act or omission that we are legally responsible for).

2.3       Protecting your login credentials. Unless you take security precautions, it may be possible for an unauthorised person to access your Subscriber Data. You must ensure that your login credentials (and those of your Users) are not misused, and remain secure and confidential. You should never:

·       tell anyone your login credentials;

·       let anyone else, whether acting as your agent or not, access MYOB Essentials using your login credentials.

It is also your responsibility to ensure that each User is allocated separate login credentials and that the User keeps his or her login credentials confidential and secure.  You should be particularly careful when accessing MYOB Essentials from a public computer.

If you think anyone else might know your login credentials (or those of your Users), you (or the affected User) should reset the affected password in MYOB Essentials, or contact us without delay to arrange a password reset.

2.4       Your other responsibilities

a.         No interference with MYOB Essentials. You must not (and must ensure that your Users do not):

·       interfere with the operation of MYOB Essentials;

·       sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan or otherwise distribute all or part of MYOB Essentials, or any adaption, modification or derivative of all or part of MYOB Essentials;

·       reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind MYOB Essentials;

·       (except in respect of Subscriber Data or where we have given you permission) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any MYOB Essentials content;

·       use MYOB Essentials in a way that contravenes any law, regulation or government order or violates a third party’s legal rights;

·       upload any material (including pdf. and .jpg files) into MYOB Small Business, or otherwise use MYOB Small Business in any way which is: harmful, threatening, abusive, vulgar, obscene or otherwise objectionable; contains Personal Information of any other person without that person’s express or implied consent; infringes the Intellectual Property Rights of any other person; or constitutes misuse or resale of MYOB Small Business or any associated materials;

·       directly or indirectly, introduce or permit the introduction into MYOB Essentials of any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of MYOB Essentials.

·       use MYOB Essentials to send “spam” or otherwise make available any offering designed to violate these Terms; or

·       remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer statement, regulatory or legal notice or link that is incorporated into MYOB Essentials.

b.         Cooperation and limited authority in relation to Third Parties. You:

·       must do all things reasonable to enable us to fulfil our obligations to Third Parties in relation to MYOB Essentials, including, in the case of Data Feeds, giving your Data Supplier the necessary authority to provide the relevant data to us; and

·       authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB Essentials, as may be reasonably required to enable us to provide MYOB Essentials to you.

c.         Keeping your contact details up-to-date. You must ensure that we have your up-to-date contact details. We might require proof of contact details.

d.         Accuracy of Payroll Data (MYOB Essentials payroll module users only). You are responsible for verifying the Payroll Data that you input into MYOB Essentials and ensuring that it is accurate and complete.

2.5       Subscriber Data

a.         Ownership of Subscriber Data. We agree that you (and/or your third party licensors) retain all rights, title and interest (including all Intellectual Property Rights) in the Subscriber Data.

b.         Licence to Subscriber Data. You grant to us a non-exclusive and royalty-free licence to:

·       use the Subscriber Data:

A.         to enable us to perform our obligations under these Terms;

B.         to improve our products and services;

C.         to identify, develop and deliver other functionality, products and services that may be of interest to you; and

D.         for other purposes to which you expressly consent from time to time; and

·       use anonymised information derived from the Subscriber Data in perpetuity for any purpose.

c.         Necessary rights in Subscriber Data. You warrant that you have all necessary rights to grant us the licence to Subscriber Data under section 3.5.b.

d.         Accuracy and completeness of Subscriber Data. We are not responsible for any inaccuracy in, or incompleteness of, the Subscriber Data or Exported Data.

e.         Record retention during your Subscription period. It’s important to safeguard your records and Subscriber Data. There is an inherent risk of data loss with any technology. You should retain a copy of your records and all Subscriber Data at all times. You acknowledge and agree that MYOB Essentials is not intended to be used as, and must not be relied upon by you as, a data backup or storage service. Your access to your Subscriber Data within MYOB Essentials is conditional upon you paying the Fees in full when due.

f.          Compliance with Tax Laws and ER Laws. It’s your responsibility to retain your records for Tax Law and ER Law compliance purposes (as applicable). We are not liable for your failure to meet your legal obligations for record retention in relation to any Subscriber Data. If you decide to terminate your Subscription, you should extract your Subscriber Data in its entirety as soon as possible prior to or following termination. See section 9.3 for further details. For specific advice regarding your compliance obligations under the Tax Laws or the ER Laws, please consult the Australian Taxation Office, Inland Revenue Department of New Zealand or your professional advisor, as appropriate.

g.         Data storage after the end of your Subscription. Data held in our systems is subject to back-up and archive processes. At the end of your Subscription, we may retain copies of your Subscriber Data in our archives. We may also continue to store and use your Subscriber Data in accordance with section 3.5.b. Our storage and use of that Subscriber Data remains subject to these Terms. You may request that we delete your Subscriber Data by contacting us on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand).

h.         Accessing archived Subscriber Data after the end of your data extraction period.  If you need to access your archived Subscriber Data records after the end of your data extraction period (see Section 9.3.b), contact us on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand). Access to archived Subscriber Data may be subject to additional fees and might require that you have an active MYOB subscription to view the records. We can’t guarantee that we’ll always be able to recover your historical Subscriber Data, which is why you should keep your own records and copies of Subscriber Data.

i.          Protecting your confidential Subscriber Data.  While using MYOB Essentials, you might share confidential Subscriber Data with us. We take steps to safeguard your Subscriber Data. We may disclose your Subscriber Data: to Third Parties that we have engaged to help us provide MYOB Essentials; and if required to do so under applicable laws.

2.6       Our Intellectual Property Rights

a.         Licence. Subject to your payment of the Fees, we grant you a non-exclusive, revocable and non-transferable licence to use MYOB Essentials in the way that we authorise from time to time. This licence continues until these Terms are terminated in accordance with section 9.

b.         We retain our Intellectual Property Rights. Except as specifically set out in these Terms, these Terms don’t give you any Intellectual Property Rights or other rights in: MYOB Essentials; Usage Data; our documents, software, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or any of our other Intellectual Property Rights.

c.         Intellectual Property Rights deriving from your use of MYOB Essentials. You agree that any Intellectual Property Rights in any systems, processes or methodologies developed by you deriving from your use of MYOB Essentials become our Intellectual Property Rights (and you assign all such Intellectual Property Rights to use on their creation).

2.7       Try Free for 30 Days. When you subscribe online, you will have access to your selected MYOB Small Business Subscription Plan for free for the first 30 days. By providing your credit or debit card details to us, you acknowledge that the subscription automatically renews on a monthly basis and you authorise us to automatically debit your credit or debit card at the end of the first 30 days. 

3.8       Trial. We may make MYOB Small Business available free of charge to new subscribers for a trial period (Trial). At the end of the Trial, you have the option of subscribing to MYOB Small Business for a fee. If you do not subscribe before the end of the Trial, your access to MYOB Small Business will be restricted. You will have read-only access to reports for an additional 60 days. After this time, you will no longer be able to log in to MYOB Small Business or access Subscriber Data.

2.9       Payment of Fees and Direct Debit Authority

This section applies to you if you are responsible for paying the Fees for your Subscription. If another person (for example, a Professional Partner) is responsible for paying the Fees in relation to your use of MYOB Essentials, and they stop paying us, you will need to pay the Fees to continue your use of MYOB Essentials, in compliance with this section. If you accept these Terms in Australia, please see the MYOB Direct Debit Terms and Conditions for Purchasing Online in Australia for more details on your direct debit authority.  If you accept these Terms in New Zealand, please see the Terms for Purchasing Online with MYOB in New Zealand for more details on your direct debit authority

a.         Payment of Fees. You must pay all Fees by the due date. Fees are published on the MYOB website: www.myob.com.au/essentials for Australia and www.myob.co.nz/essentials for New Zealand.

b.         Changes to Fees. By giving you at least 20 days’ notice, we may:

·       change the amount of any Fee or introduce a new Fee; and

·       change the circumstances in which, or frequency with which, a Fee is payable.

We will give notice of the change by publishing the new fee on the MYOB website (www.myob.com.au/essentials for Australia and www.myob.co.nz/essentials for New Zealand) or giving notice in any of the ways set out in section 12.1.

c.         Termination rights. If we change the Fees under section 3.8.b above, then you can terminate your Subscription under section 9.1.

d.         Direct Debit Authorisation. You authorise us to deduct monthly instalments and any other Fees payable to us in respect of your use of MYOB Essentials (including any Fees payable under the Fair Use Policy). You give us this authority by providing us with your credit card or other payment details.

e.         Processing Fee payments

·       Debiting of Fees will ordinarily occur on the first business day of each month (but may occur at other times as required or permitted under these Terms) and can be in advance or in arrears as we determine. We will provide a monthly statement (and tax invoice, where applicable) detailing the Fees that have been debited.

·       The first payment will be pro-rated according to the end of the Trial Period for the appropriate number of days until the end of that month.

·       It is your responsibility to ensure that:

A.         you have sufficient credit or funds available in your nominated credit card or bank account to cover your monthly payment; and

B.         your credit card or account details are up to date.

f.          If your payment is declined

·       If we cannot debit your Fees from your credit card, we will attempt to re-draw 3 times. If these attempts fail, we will tell you and you will be allowed 14 days to respond.

·       If we cannot debit your Fees from your bank account, we will advise you of the decline and you will be given until the date of your next invoice to respond.

·       A dishonour fee may also be charged by both us and your financial institution to cover reasonable administrative and processing costs. If the Fees remain unpaid, we may suspend or terminate your use of MYOB Essentials.

g.         If there has been a problem. If you believe there has been an error in debiting your credit card or bank account, you should notify us immediately at accounts@myob.com so that we can resolve your query promptly. If we conclude that your credit card or bank account has been incorrectly debited, we will arrange a refund of the incorrect debit.

h.         Fees for additional services. We may offer additional services to complement MYOB Essentials.  Those additional services might be subject to additional fees.

2.9       Goods and services tax (GST) and duties

a.         All Fees are subject to GST. If a Fee is stated as being GST inclusive, then it already includes the GST.  If a Fee doesn’t say it’s GST inclusive, then we will add GST to the amount.

b.         You must pay all duties (including stamp duty, other government charges and financial institution account fees, if applicable) payable in relation to your use of MYOB Essentials. If we have paid them on your behalf, they must be reimbursed by you on our request.

3. OTHER APPLICATIONS

3.1       Offer. From time to time we may offer Other Applications for MYOB Essentials. Other Applications may be subject to their own additional terms of use.

3.2       No warranties. We make no warranties in relation to any Other Application, regardless of whether an Other Application is provided by a Professional Partner or is otherwise recommended by us.

3.3       Access to Subscriber Data. If you install or enable an Other Application for use with MYOB Essentials, you consent to us allowing the Other Application to access your Subscriber Data as required to enable MYOB Essentials and the Other Application to operate together. Any exchange of data or other interaction between you and an Other Application provider is solely between you and them. We are not responsible or liable for any disclosure, modification or deletion of your Subscriber Data as a result of any access to MYOB Essentials by an Other Application provider.

4. DATA FEEDS

4.1       How do Data Feeds work?

a.         Data Feeds work by you authorising your Data Supplier to provide us (and your Professional Partner if applicable) with Imported Data. By registering for Data Feeds you are giving your Data Supplier permission to provide us with Imported Data. Your Data Supplier might require you to give a hard copy authority form to set up the Data Feed.

b.         You may only use bank feeds for the Subscriber’s transaction accounts.

4.2       Important points about your Data Supplier. Your Data Supplier:

a.         may be paid a commission by us for providing your Imported Data to us;

b.         is under no obligation to provide us with your Imported Data and it can stop doing so at any time without notice to either you or us; and

c.         is not a party to any agency, partnership, joint venture or other type of similar relationship with us, and is not responsible for our actions or those of any other Third Party.

4.3       How you can end your use of Data Feeds. If you wish to cancel your Data Feeds but continue to use MYOB Essentials, you must advise your Data Supplier in writing. Allow at least 14 days for your Data Supplier to process the cancellation.

4.4       When your Data Supplier can terminate your Data Feeds

a.         Your Data Supplier can terminate your authority to give us Imported Data at any time, for any reason, by giving you no less than 7 days’ notice.

b.         Your Data Feeds will be automatically cancelled when your Subscription ends. See section 9 for more information on ending your Subscription.

4.5       Fees for Data Feeds. If your Data Supplier charges you any fees related to your Data Feeds or associated accounts, you’re responsible for and must pay those fees. If you don’t do this, we may not be able to provide the Data Feeds to you.

4.6       Fair Use Policy. In addition to your monthly subscription fee for MYOB Essentials, you may be charged a Fee for excess bank feeds transactions under the Fair Use Policy Australia and New Zealand, respectively. You will be charged in the currency of the country where you accept these Terms.

5. MYOB YOURPAY

This section applies if you make the MYOB YourPay app available to your Employees.

5.1       Giving access to Employees

a.         Invitations. You can invite your Employees to access MYOB YourPay, where they can view their payslip and add their timesheet information. You can do this by adding the email address of the Employee that you wish to invite where indicated on the ‘Employee Details’ screen within MYOB Essentials. The Employee will then receive an email linking them to the MYOB YourPay webpage where they will be prompted to create a username and password to access MYOB YourPay.

b.         Responsibility. You are responsible for:

·       ensuring that you enter the correct email addresses of your Employees to the ‘Employee Details’ screen;

·       making sure that your Employees protect their MYOB YourPay usernames and passwords;

·       checking the accuracy of any data entered into MYOB YourPay by your Employees, from within MYOB Essentials; and

·       regulating your Employees’ access to the MYOB YourPay (for example, by restricting an Employee’s access once they are no longer employed by the Subscriber – see section 6.2 below).

5.2       When an Employee leaves the Subscriber

a.         Restricted access rights. When an Employee leaves the Subscriber you can restrict their access to MYOB YourPay so that they can only access their payslips.

b.         Downloading payslips. You should arrange for departing Employees to download their payslips prior to leaving the Subscriber, so that they are not affected by any subsequent changes to your Subscription.

5.3       MYOB YourPay support

a.         Contact details. For MYOB YourPay support (8:30am and 5pm Monday to Friday, excluding public holidays), contact:

Australia: phone 1300 555 123 or email payrollteam@myob.com; or

New Zealand: phone 0800 60 96 62 or email payrollteam@myob.co.nz.

b.         Only you can obtain support. Our support team will only respond to communications from you or the nominated User for your Subscription. Our support team won’t respond to direct communications from your Employees in relation to MYOB YourPay.

6. MYOB TEAM

This section applies to you if you use the MYOB Team functionality.

6.1       Giving access to Employees

a.         Invitations. You can invite your Employees to use MYOB Team.  You can do this by adding the email address of the Employee in the ‘Employee Details’ screen within MYOB Essentials and then adding the Employee to a team within the MYOB Team admin portal. The Employee will then receive an email linking them to the MYOB Team app.  The Employee will need to create a username and password to use MYOB Team.

b.         Responsibility. You are responsible for:

·       ensuring that you enter the correct email addresses of your Employees to the ‘Employee Details’ screen;

·       making sure that your Employees protect their MYOB Team usernames and passwords;

·       checking the accuracy of any data entered into MYOB Team by your Employees;

·       regulating your Employees’ access to the MYOB Team (for example, by restricting an Employee’s access once they are no longer employed by the Subscriber); and

·       ensuring that you use MYOB Team in a way that complies with all relevant laws including ER Laws, privacy and surveillance laws.

6.2       When an Employee leaves the Subscriber

a.         Restricted access rights. When an Employee leaves the Subscriber you can restrict their access to MYOB Team so that they can only access their historical data.

b.         Downloading payslips. You should arrange for departing Employees to download their payslips prior to leaving the Subscriber, so that they are not affected by any subsequent changes to your Subscription.

6.3       MYOB Team support

a.         Contact details. For MYOB Team support (8:30am and 5pm Monday to Friday, excluding public holidays), contact:

Australia: phone 1300 555 123 or email payrollteam@myob.com; or

New Zealand: phone 0800 60 96 62 or email payrollteam@myob.co.nz.

b.         Only you can get support. Our support team will only respond you or the nominated User for your Subscription. Our support team won’t respond to direct communications from your Employees in relation to MYOB Team.

7. AVAILABILITY OF MYOB ESSENTIALS

7.1       Disruption. MYOB Essentials may be disrupted during certain periods, including as a result of:

a.         telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

b.         negligent, malicious or wilful acts or omissions of third parties (including the Third Parties);

c.         maintenance or repairs carried out by us or any Third Party in respect of any of the systems used in connection with providing MYOB Essentials;

d.         services provided by Third Parties (including internet service provider services) ceasing or becoming unavailable; or

e.         circumstances or events beyond our reasonable control.

You acknowledge and agree that we make no representations, warranties or guarantees in relation to the availability, continuity, reliability or security of MYOB Essentials (or any services provided in connection with MYOB Essentials).

7.2       System maintenance. Where MYOB Essentials is unavailable because of system maintenance or repairs, we will try to inform you beforehand.

7.3       No liability. Subject to the terms of section 10 below, we are not responsible or liable to you or the Subscriber for any Loss or Claim arising from MYOB Essentials or any part of it being delayed, disrupted or unavailable.

7.4       Keep your own records. In order to maximise your business continuity and comply with your record retention obligations, you should retain a copy of your business and financial records (including invoices, receipts, business reports and Subscriber Data).

8. TERMINATION

8.1       How can you cancel your Subscription?

a.         By notice. You can terminate your Subscription by phoning us at least 10 days before the end of the current period of your Subscription. To do so, please call our Customer Service team directly on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand) and select “Billing Enquiries” when prompted. The effective date of termination will be the last day of the current month of your Subscription.

b.         On expiry. Your Subscription will end on the effective date of termination. However, during the notice period, you are still liable for any Fees in relation to your use of MYOB Essentials up to the effective date of termination. Refer also to section 9.3 below for other important content about what happens on the effective date of termination.

c.         For breach. You may also terminate your Subscription if we fail to remedy a material breach of these Terms within 10 days of you giving us notice of the breach in writing.

8.2       How can we terminate your Subscription without prior notice. These are the situations in which we can terminate your Subscription without prior notice. We will notify you of your suspension or termination as soon as possible. The situations are:

a.         If a breach occurs: you fail to remedy a material breach of these Terms within 10 days after we give you notice of the breach.

b.         Something threatens MYOB Essentials:

·       in our opinion, a change to any Third Party arrangement necessary for MYOB Essentials renders the ongoing operation of MYOB Essentials substantially unworkable or non-functional;

·       in our opinion, the actions of a regulator or a change in law or regulation makes the ongoing operation of MYOB Essentials substantially unworkable or non-functional; or

·       we believe this is necessary either to protect the security, integrity or reputation of MYOB Essentials or any MYOB Essentials function, service or facility, or to otherwise protect our interests.

c.         We have concerns about the Subscriber:

·       we receive notification of a dispute from one or more of the directors or principals of the Subscriber;

·       you go into liquidation, administration, insolvency, bankruptcy or such other similar arrangement with creditors, or in our opinion, it is reasonably likely you will do so; or

·       there is a change in who owns or controls the Subscriber.

d.         Notification requirements. We will notify you in writing (which includes by email) of the suspension or termination. If you become aware that a circumstance which would permit us to terminate your Subscription under section 9.2.c has arisen or may arise, you must advise us in writing as soon as possible

e.         Reinstatement. We can reinstate a termination in our absolute discretion by written notice to you, and this takes effect on receipt or any later time specified in the notice, subject to you meeting any conditions set out in the notice.

8.3       What happens on the effective date of termination?

a.         Rights and obligations on termination. On the date of effective termination of your Subscription:

·       the licence granted under section 3.6.a terminates;

·       you must immediately stop using (and ensure that all your Users immediately stop using) MYOB Essentials;

·       we may continue to store, use and access your Subscriber Data in accordance with sections 3.5.b, 3.5.g;

·       you will only be able to access, your Subscriber Data in accordance section 9.3.b; and

·       your use of MYOB YourPay will cease in accordance with section 9.3.c.

b.         Limited period for data extraction.

·       You acknowledge and agree that you will have 60 days from the effective date of termination to extract your Subscriber Data from MYOB Essentials at no charge.  After this period, after which time you and other Users (including your Employees and Professional Partner) will have no further guaranteed access to MYOB Essentials or your Subscriber Data. For access to Subscriber Data after termination, see section 3.5.h.

·       We strongly recommend that you extract your Subscriber Data for compliance and archive purposes as soon as possible following termination of MYOB Essentials. Failure to extract and retain your Subscriber Data following termination may result in you being unable to comply with your record retention obligations under law (including Tax Laws and ER Laws).

c.         If you use MYOB YourPay or MYOB Team:

·       Your Employees will no longer be able to submit their timesheet data to you or access their payslips using MYOB YourPay from the effective date of termination.

·       You will be able to access a report on your Employees’ timesheet data and their pay slips for a period of 60 days following the termination of your Subscription.

·       We strongly recommend that you arrange for your Employees to download their payslips from MYOB YourPay prior to terminating your Subscription.

d.         Continuation of limitations on liability. Any limitations on liability which you have given under these Terms continue after termination in relation to your use of MYOB Essentials.

9.  LIABILITY, WARRANTIES, REPRESENTATIONS AND INDEMNITIES

9.1.      No warranty that MYOB Essentials is suitable for your needs

a.         MYOB Essentials is a generic service and its capabilities are likely to change over time. This means that MYOB Essentials may not be, or may not remain, suitable for your needs.

b.         You must assess the ongoing suitability of MYOB Essentials for the Subscriber. We are not aware of your individual business needs and cannot provide any specific recommendations regarding your use of MYOB Essentials.

9.2       Liability for other conditions or warranties

a.         To the extent permitted by law (and subject to section 10.2.d if you accept these Terms in Australia), we provide no warranty and make no claim in relation to our performance, the performance of MYOB Essentials, or any service associated with MYOB Essentials.

b.         Our liability to you for any non-compliance with a statutory guarantee, or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms, or any breach by us of these Terms however arising (whether for breach of these Terms, tort (including negligence), statute, custom, law or on any other basis), is limited to:

·       the resupply of MYOB Essentials or the service (as applicable); or

·       the cost of re-suppling MYOB Essentials or the service (as applicable), and in any event will be limited to the fullest extent permitted by law.

c.         All representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).

d.         If you accept these Terms in Australia, sections 10.2.b and 10.2.c above are not intended to have the effect of excluding, restricting or modifying:

·       the application of all or any of the provisions of the ACL; or

·       the exercise of a right conferred by such a provision; or

·       any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

9.3       When we and Third Parties will not be liable to you

We and Third Parties (including, in the case of Data Feeds, your Data Supplier) are not responsible or liable to you or the Subscriber for:

a.         any Loss or Claim relating to the provision of the Subscriber Data, Imported Data, Payroll Data, Exported Data or system data made available through MYOB Essentials, including delays, disruptions, inaccuracies or the loss of data;

b.         any Loss or Claim relating to your use of, or reliance upon, the Subscriber Data, Imported Data, Payroll Data, Exported Data or system data provided to you through MYOB Essentials;

c.         any Loss of Claim relating to the actions or inaction of Third Parties, Other Application providers or other persons (including those which may be negligent or unauthorised) relating to MYOB Essentials;

d.         any Loss or Claim arising from a failure by us to comply with the Terms for any cause which could not reasonably be controlled or prevented by us;

e.         any Loss or Claim arising from a failure by you or the Subscriber to maintain archive records of your Subscriber Data; or

f.          If you are a user of MYOB YourPay or MYOB Team, any Loss or Claim incurred by you in connection with the submission of inaccurate or incomplete timesheet information by your Employees.

9.4       Indemnity to us and Third Parties

a.         You indemnify us, our staff, and Third Parties (including, in the case of Data Feeds, your Data Supplier) (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your (and your Users’) negligence, misrepresentation, fraud, breach of law or breach of these Terms. You indemnify the Indemnified Parties for any Loss or Claim suffered or incurred from the unauthorised use of your Username or a Password.

b.         If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section 10.4.a above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.

10. CHANGES TO TERMS AND MYOB ESSENTIALS

10.1      What can we do? We may change any of these Terms (including the Fees, which are specifically dealt with in section 3.8.b. above).  We may also make changes to our products, including MYOB Essentials.  This might include adding or removing features or change the inclusions in our product options. 

10.2      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 that is likely to materially affect or disrupt the way you use MYOB Essentials.

10.3      Urgent changes. However, if we need to restore or maintain the security of MYOB Essentials urgently, we may change your use and access to MYOB Essentials without advance notice.

10.4      Right of termination. If we make a change to MYOB Essentials or these Terms under sections 11.1. or 11.2 above, then you have the option to terminate your Subscription under section 9.1.

11. NOTICES

11.1      Methods. You agree that all communications between you and us in relation to MYOB Essentials will be by email, by in-product notification, or by us posting a notification on the MYOB website (myob.com.au or myob.co.nz).

11.2      Timing. 

a.         Any notice or other communication to or by a party by email is taken to be received at the time of transmission as recorded from the sender’s e-mail exchange (unless the sender receives a delivery failure notification indicating that the email has not been delivered).

b          If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.

11.3      In-product and website notifications.  We may provide a notice or other communication to you by a posting to the MYOB website (myob.com.au 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 the MYOB website and your product for notices or other communications.

12. LEGAL

12.1      This is our complete agreement. These Terms and the documents incorporated by reference, including any Fee increases notified to you, contain the whole of the agreement between us and you in relation to MYOB Essentials. Any representations or warranties made by our staff before you are accepted for your Subscription do not form part of these Terms unless expressly set out in these Terms or the other documents referred to above. Any waiver of our rights or powers under these Terms may only be given in writing signed by our authorised officer.

12.2      Additional MYOB services. From time to time, we may offer additional MYOB products or services that can integrate with MYOB Essentials (such as payment services). Those products or services may be subject to additional terms of use.

12.3      What happens if some of these Terms can’t operate? If any parts of these Terms are void, unenforceable or illegal in a jurisdiction, that part 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 Essentials at our election.

12.4      No waiver by us. If we do not insist upon strict performance of any part of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach or default of these Terms.

12.5      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 at any time.

12.6      Which laws apply to the Terms?  If you accept these Terms in New Zealand, these terms are governed by the laws of New Zealand and the courts of New Zealand have jurisdiction over the parties to these Terms (being you and us).  Otherwise, these Terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction over the parties to these Terms (being you and us).

13. YOUR PRIVACY

13.1      Collection, disclosure and use. We collect, hold, disclose and use your Personal Information in accordance with these Terms, the MYOB Group Privacy Policy, and applicable laws, including to: provide you with the products, services and support you have asked for; respond to your enquiries or feedback; improve the user experience in relation to our products and services; promote our products and services and those of associated Third Parties; and comply with our legal obligations. We usually collect Personal Information directly from you, however in some cases we may also collect it from other sources such as social media websites or Third Parties that provide us with marketing leads.

13.2      Disclosure to others. To do these things, we may disclose your Personal Information to third parties, such as our related companies or our service providers (including IT and administrative service providers and our professional advisors) in accordance with these Terms, the MYOB Group Privacy Policy, and applicable laws. These third parties may be located in Australia, New Zealand, South Africa, the United States, or other countries. If you do not provide your Personal Information, it may affect our ability to do business with you.

13.3      Consent. You consent to us collecting, holding using and disclosing your Personal Information in accordance with these Terms, the MYOB Group Privacy Policy and applicable laws. You must obtain all necessary consents and provided all necessary notices in accordance with applicable privacy laws (including the Privacy Act) in relation to any Personal Information you supply in connection with these Terms, including from your Users.

13.4      Australia. If you accept these terms in Australia, the MYOB Group Privacy Policy for Australia covers how we handle Personal Information, including how to:

·       update communications preferences or opt out from marketing and promotional material;

·       request access to and seek correction of the Personal Information we hold about you; and

·       make a privacy complaint and how we deal with complaints.

You can contact us by email at privacy_officer@myob.com.au, or by post at: "Privacy Officer", MYOB Australia Pty Ltd, PO Box 73, Richmond VIC 3121.

13.5      New Zealand. If you accept these Terms in New Zealand, MYOB Group Privacy Policy for New Zealand covers how we handle Personal Information. You can also ask us not to use your information to promote products and services by contacting the Privacy Officer using the details outlined below.

You can contact us about your privacy by email at privacy_officer@myob.co.nz, or by post at: “Privacy Officer”, MYOB NZ Limited, C/- Quigg Partners, Level 7, 36 Brandon Street, Wellington, 6011.

13.6      Users. You must ensure that all Users read this ‘Your privacy’ section and the policies described above before using MYOB Essentials or providing their Personal Information to us.

13.7      Notice to individuals. If you provide any Personal Information about third party individuals to us, you must ensure that those individuals are aware of the matters in this ‘Your Privacy’ section and that we may collect, use, and disclose their information to provide you with MYOB Essentials in manner contemplated in these Terms, the MYOB Privacy Policy and as otherwise may be required by applicable laws.

DEFINITIONS

In these Terms:

Data Feed means a data feed from an organisation or Other Application authorised by you.  It includes bank feeds, invoice feeds and supplier feeds.

Data Supplier means an organisation authorised by you to supply us with Imported Data.  This might include your bank, customer, or a supplier.

Employees means employees of the Subscriber.

ER Laws means all laws in Australia or New Zealand (as applicable) regulating employment relations, which will apply to you if you are a user of an MYOB Essentials payroll module.

Exported Data means data exported, extracted or transmitted from MYOB Essentials to a storage destination or organisation nominated by you.  It includes data transmitted to Other Applications and exported data files.

Fair Use Policy means the MYOB BankFeeds Fair Use Policy for Australia and New Zealand, respectively.

Fees means the fees and charges relating to your Subscription, as notified to you when you started using MYOB Essentials, and any changes to those fees published on our website at www.myob.com.au/essentials (Australia) or www.myob.co.nz/essentials (New Zealand). This includes any fees charged under the Fair Use Policy for Australia and New Zealand respectively.

Imported Data means data that is imported or transmitted into MYOB Essentials from an organisation or Other Application authorised by you.

Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know-how and moral rights.

Loss or Claim means any loss, liability, claim, action, proceeding, damage, compensation, cost, or expense (including all reasonable legal costs and expenses), including liability in tort and any consequential or economic losses.

MYOB Essentials means any and all of the services, features or functionality comprising the product ‘MYOB Essentials’ which we make available from time to time. This includes the specific MYOB Essentials product modules in your subscription, the MYOB YourPay app, the MYOB Teams app, and Data Feeds (as applicable).

Other Application means any application or service offered by a third party to integrate and be used in conjunction with MYOB Essentials.

Payroll Data means the Subscriber payroll information that you or your Users input into MYOB Essentials if your subscription includes an MYOB Essentials payroll module.

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 (if you accept these Terms in Australia) or the Privacy Act 2020 (if you accept these Terms in New Zealand) as amended or replaced from time to time.

Professional Partner means a person who provides bookkeeping, accounting, or similar services to the Subscriber, and who may be appointed as a User.

Subscriber means the business that subscribes to MYOB Essentials. A Subscriber may be a sole trader, partnership, company, trust or another type of organisation or entity.

Subscriber Data means data, information, text, graphics, images or works of authorship of any kind (including Imported Data and Payroll Data), information (including Personal Information) and other materials entered or uploaded by you, your Users, or your Data Supplier (as applicable) into MYOB Essentials, but excludes the Usage Data.

Subscription means your subscription to MYOB Essentials.

Tax Laws means the Taxation Administration Act 1953 (Cth) (if you accept these Terms in Australia) and Tax Administration Act 1994 (if you accept these Terms in New Zealand) as amended or replaced from time to time, and any binding regulation, ruling or direction issued by the Australian Taxation Office or Inland Revenue Department of New Zealand (as applicable) from time to time.

Third Party means any person we have engaged to help us provide MYOB Essentials or related services. This includes any other service providers engaged by us to assist in the delivery, maintenance, and administration of MYOB Essentials. In the case of Data Feeds, any Data Supplier that you authorise to provide Imported Data to us is also a Third Party under these Terms.

Usage Data means all data that MYOB may collect (from you) or process:

a.             when you subscribe to MYOB Essentials or otherwise in order to administer your Subscription (such as your name, contact details and payment information); and

b.             in connection with monitoring your use of MYOB Essentials, including analytics data.

User means a person authorised by the Subscriber to use MYOB Essentials (including Employees and Professional Partners).

We, us and our means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms in New Zealand).

You and your mean the Subscriber and/or User (as applicable). Last updated August 2021.

MYOB, the MYOB logo, MYOB Essentials, MYOB YourPay and MYOB Team are trade marks of MYOB Technology Pty Ltd.