MYOB Advanced Product Terms

MYOB Advanced Product Terms of Use

For direct customers of MYOB, these MYOB Advanced Product Terms of Use (Product Terms) apply in addition to the MYOB Master Service Agreement. You should read these Products Terms in conjunction with the Master Service Agreement and your Order Form.

The Master Service Agreement covers key issues such as

• our right to change these Product terms and your related right to terminate your services in certain circumstances;

• confidentiality, data security, data ownership, data use and privacy;

• warranties and liability, including where the Australian Consumer Law applies and circumstances where we are not liable to you; and

• termination rights and processes.

These Product Terms apply to your MYOB Advanced service.

1. Definitions

The definitions and rules of interpretation in the Master Service Agreement apply in these MYOB Advanced Product Terms. In addition:

Health Records has the meaning given to it in the Health Records Act 2001 (Cth).

MYOB Advanced means the bundle of features, functionality and services (including the source code, object code, interface design, database structures, applications, documentation, training material, procedures and processes) that form part of MYOB Advanced which we make available to you from time to time.

MYOB Advanced Partner means a third party accredited by us to provide implementation and support services for MYOB Advanced.

2. Use and Availability of MYOB Advanced

Each MYOB Advanced Business service must have a minimum of 1 full User.

You need internet access to use MYOB Advanced. You are responsible for getting and keeping internet access that is compatible with MYOB Advanced including browser software versions that are compatible with MYOB Advanced as published by us on our website from time to time. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such software, or for any compromise of data transmitted using networks or facilities which are not owned or operated by us.

We will use reasonable endeavours to meet the service levels for MYOB Advanced as set out in: myob.com.au/myob_advanced/servicelevels

3. MYOB Advanced Upgrades

For you to get the best out of MYOB Advanced, and to enable us to provide you with the best support and resources possible, it is important that you always operate a current version of MYOB Advanced. For more details about the MYOB Advanced upgrade process, visit myob.com.au/myob_advanced/upgradeprocess

4. Giving other parties access to your MYOB Advanced service

You can give other people (such as an MYOB Advanced Partner and your Affiliates) access to your MYOB Advanced service as Users, so long as you have enough licences of the right type.

Unless otherwise agreed with us, only your Affiliates can be configured within MYOB Advanced. You must provide us with the basic details (such as company names, company/ABN numbers and addresses) of Affiliates that you wish to configure within MYOB Advanced and update us if any of these details change. We may cross-check this information from time to time against the company details recorded in MYOB Advanced.

Where you give an Affiliate access to your MYOB Advanced service as Users, you are responsible for how they use MYOB Advanced. Any data owned or supplied by these Users and uploaded or generated in your MYOB Advanced service is “Customer Data” for the purposes of the Master Service Agreement.

5. MYOB Advanced functionality related to your employees

From time to time, MYOB Advanced may offer “modern award interpretation” or other Industrial Relations Laws related features. Nothing in those features, nor within MYOB Advanced generally, constitutes professional or financial advice. It is your responsibility to ensure that you comply with Industrial Relations Laws.

MYOB Advanced may offer the ability to store employee records that include Personal Information or Health Records. You acknowledge and agree that in storing any Health Records or Personal Information, you have complied with all Applicable Laws including that you have obtained consent, if required, from all your employees to the Health Records being collected, accessed, and held by you and by us within MYOB Advanced on your behalf.

You agree to protect MYOB from any harm or loss that may result from the storage of Health Records by MYOB on your behalf. This includes paying for any costs, liability, damages or expenses (including legal costs) that MYOB may face because of any claim, action or proceeding in direct connection with the storage of Health Records by MYOB on your behalf. Your liability under this section 5 is subject to the liability cap, exclusion of consequential loss liability and proportionate liability clauses in the Master Service Agreement.

6. Third Party services and applications

You may, as part of your implementation of MYOB Advanced, separately engage the services of Third Party service provider such as an MYOB Advanced Partner. These services are supplied independently of us.

Some applications or services developed by Third Parties can be used in conjunction with MYOB Advanced. Unless otherwise required by law, we are not responsible for such applications that you may obtain or connect to MYOB Advanced. If you install or enable a Third Party application for use with MYOB Advanced, you consent to us allowing the Third Party application to access your Customer Data as required to enable MYOB Advanced and the Third Party application to operate together. Any exchange of data or other interaction between you and a Third Party provider is solely between you and them.

7. MYOB Advanced Inclusions

Resource and capacity inclusions

Storage space consumption is calculated as the total volume of all data including database, documents, attachments and database snapshots for the service.

Campaign emails are those sent via the mass email functions of marketing campaigns in MYOB Advanced Business.

Campaign emails must be used in the subscription month purchased. Unused emails do not rollover.

The total company count includes all active companies within an MYOB Advanced service.

Customer portal access licence totals are cumulative across active companies in an MYOB Advanced service.

8. MYOB Advanced Fees

If you authorise any additions to your Subscription Services, the difference in Fees between the existing and upgraded Subscription Services will be debited on a pro-rata basis for the remainder of your monthly billing period. Your Subscription Services Fee will be increased to reflect your upgrade in the next monthly billing period;

If you authorise a downgrade of your Subscription Services, your Fees will be decreased in the next monthly billing period. Please note that during the Minimum Term, your monthly Subscription Services Fees cannot be decreased below the amount that you agreed to pay on your Start Date.

If you exceed the level of inclusions that you’ve paid for as part of your Subscription Services, MYOB will charge you for that excess at our nominated overuse rate in your next monthly billing period (rate may change from time to time and be viewed on our website: myob.com.au/myob_advanced/charges ). You may:

• elect to upgrade your Subscription Services to increase the level of inclusions that you are entitled to; or

• stop exceeding the level of inclusions prescribed under your current Subscription Services.

MYOB Advanced People Payroll licensing is calculated on the total number of employees being paid across all companies and pay frequencies. Over usage fee is charged for each employee that exceeds the allowable limit. Please refer to myob.com.au/myob_advanced/charges for current rates.

Updated October 2023