These terms and conditions (Terms) apply to your use of the MYOB Business product. These Terms are a legal contract between you and MYOB and this document describes your and our legal rights and obligations. You cannot use MYOB Business without agreeing to these Terms.
Tip for reading these Terms. Some words in these Terms have defined meanings; each time that word is used throughout these Terms, it has the same meaning. For example: the words “you” and “your” mean the Subscriber and/or User (as applicable). You can find a list of the defined words and their meaning at the end of the document.
2. Subscribing to and using MYOB Business
We agree to supply, and you agree to use, MYOB Business in accordance with these Terms.
2.2 Subscription Plans.
MYOB offers a range of subscription plans that cover products, add-ons, Integrated Services and tiers of support services; to see the range of subscription plans that are available, check out the MYOB Business webpage (Subscription Plans).
Subscription Plans have varying product and support inclusions and limitations, such as limits on the number of monthly transactions or limits on the number of employees paid per month. These limits will be disclosed during your sign-up or in other communications made available to you, including via our webpage. For information on Payroll limits check out this Help page.
You can find details regarding your Subscription Plan via “My Product” which is accessible from the "My Account" dashboard.
2.3 Upgrading and downgrading your Subscription Plan.
MYOB Business Subscription Plans can be easily upgraded or downgraded at any time via the “My Account” dashboard by Users with appropriate authority.
2.4 Access to MYOB Business.
To access MYOB Business, you must purchase a Subscription Plan. As a Subscriber, you control access to your MYOB Business product by giving access to Users. It’s important to understand that by granting Users access:
- Users will be able to view and modify your Subscriber Data; and
- Certain Users (Administrator, Accountant, Bookkeeper, and Payroll users) will be able to accrue Fees on behalf of the Subscriber.
Only Administrators or the owner of the business can modify or remove User access. This can be done at any time by updating your User list within MYOB Business or by contacting us.
To learn more about the level of access and permissions of Users, check out this Help Page.
2.5 Things you should do when using MYOB Business.
When using MYOB Business, you must do so in accordance with the following general responsibilities and obligations:
- Provide current contact details. You must ensure that we have your up-to-date contact details
- Provide accurate data. You are responsible for verifying the accuracy and completeness of the data (including Payroll Data) that you or your Users input into MYOB Business.
- Backup Data. There is an inherent risk of data loss with any technology which is why it’s important that you take steps to safeguard your data. You should retain a copy of your records and all Subscriber Data at all times. Your access to your Subscriber Data within MYOB Business is conditional upon you paying the Fees in full when due.
- Comply with Relevant Laws. It’s your responsibility to comply with relevant laws including retaining records for Tax Law and ER Law compliance purposes (as applicable). If you decide to terminate your Subscription Plan, you should extract your Subscriber Data in its entirety as soon as possible prior to or following termination. MYOB is not responsible for your failure to meet your legal obligations.
- Secure your data. At MYOB we take data security seriously. Unless you also take security precautions, it may be possible for an unauthorised person to access Subscriber Data. You must ensure that your username and password are not misused, and remain secure and confidential. You should never:
- tell anyone your username and password; or
- let anyone else, whether acting as your agent or not, access MYOB Business using your username and password.
You should be particularly careful when accessing MYOB Business from a public computer.
If you think anyone else might know your login credentials, you should reset the affected password in MYOB Business, or contact us without delay to arrange a password reset.
2.6 Things you shouldn’t do when using MYOB Business.
When accessing MYOB Business, you must not:
- use MYOB Business in a way that contravenes any law, regulation or government order or violates a third party’s legal rights;
- interfere with the operation of MYOB Business;
- sell, commercialise, lease, loan or otherwise distribute MYOB Business;
- reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind MYOB Business;
- copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any MYOB Business content (except in respect of Subscriber Data or where we have given you permission);
- upload any material (including pdf. and .jpg files) into MYOB Business, or otherwise use MYOB 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 Business or any associated materials;
- directly or indirectly, introduce or permit the introduction into MYOB Business 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 Business;
- use MYOB Business to send “spam” or otherwise make available any offering designed to violate these Terms;
- 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 Business; or
- act in a manner that is abusive or disrespectful to an MYOB employee (including MYOB’s customer support teams).
3.1 Try Free for 30 Days.
When you subscribe online, you will have access to your selected MYOB 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 debit your credit or debit card at the end of the first 30 days.
We may make MYOB 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 Business for a fee. If you do not subscribe before the end of the Trial, your access to MYOB 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 Business or access Subscriber Data.
3.3 Subscription renewal.
Your Subscription Plan will automatically renew at the end of the month. If you do not want to renew your Subscription Plan, you must let us know by email or via “My Account” at least 10 days before end of the month.
3.4 Payment of Fees and Direct Debit Authority.
This section applies to you if you’re responsible for paying all or part of the Fees for your Plan. You will be responsible for paying all of the Fees, unless another person (such as a Professional Partner) is responsible for paying all or part of the Fees in relation to your use of MYOB Business. If they stop paying us, you will need to pay the Fees to continue your use of MYOB Business, in compliance with this section.
Please see the MYOB Direct Debit Terms and Conditions for Purchasing Online in Australia for more details on your direct debit authority.
3.5 Plan structure.
When you select your Subscription Plan, you will be informed of the pricing, product tier inclusions and limitations which are relevant to your plan.
All Subscription Plans include auto-renewing access to a base subscription, the use of which incurs a fixed monthly subscription fee and, depending on your plan, may include auto-renewing access to add-ons and Integrated Services, the use of which incurs variable Pay-Per-Use Fees.
Your monthly invoice will consist of a fixed monthly direct debit fee which is charged in advance of the applicable subscription period and (if applicable) any variable Pay-Per-Use Fees which are charged in arrears.
4.1 Payment Terms.
MYOB offers 7-day payment terms from date of invoice. You must pay all Fees by the due date stated on the invoice.
4.2 Direct Debit Authorisation.
You authorise us to deduct the Fees payable to us in respect of your use of MYOB Business (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.
4.3 Recurring Payments.
When you purchase a Subscription Plan, you agree that you are authorising recurring payments, and payments will be made to MYOB by the method and at the recurring intervals you have agreed to, until the Subscription Plan is terminated.
4.4 Processing Fee payments.
- Debiting of Fees will ordinarily occur 7 calendar days after the invoice date (but may occur at other times as required or permitted under these Terms) and can be in advance or in arrears in accordance with your Subscription Plan. We will provide a monthly invoice detailing the Fees that will be debited.
- Your first base subscription payment for MYOB Business will be pro-rated for the appropriate number of days until the end of that month.
- You can view usage charges (including Pay-Per-Use Fees) at any time via “My Account” and a copy of your invoice will also be emailed to you in advance of the direct debit.
- It is your responsibility to ensure that you have sufficient credit or funds available in your nominated credit card or bank account to cover your monthly payment; and that your credit card or account details are up to date.
- You can update your payment details at any time via “Manage my product” within the “MY Account” dashboard.
4.5 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 Business.
4.6 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 email@example.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.
4.7 Goods and services tax (GST) and duties.
- 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.
- 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 Business. If we have paid them on your behalf, they must be reimbursed by you on our request.
4.8 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/Small Business) or giving notice in any of the ways set out in section 15.
4.9 Termination rights.
If we change the Fees under section 4 above, then you can terminate your Subscription by giving notice in accordance with section 11.
5 What you own: Subscriber Data
5.1 Ownership of Subscriber Data.
The Subscriber (and, if applicable, your third-party licensors) owns your Subscriber Data.
5.2 Licence to Subscriber Data.
The Subscriber grants to us a non-exclusive and royalty-free licence to use the Subscriber Data:
- to enable us to perform our obligations under these Terms;
- to develop and improve our products and services;
- to identify, develop and deliver other functionality, products and services that may be of interest to you; and
- for other purposes to which you expressly consent from time to time.
5.3 Necessary rights in Subscriber Data.
You warrant that you have all necessary rights to grant us the licence to Subscriber Data under section 5.2.
5.4 Accuracy and completeness of Subscriber Data.
Your Subscriber Data is entered by you and we are not responsible for any inaccuracy in, or incompleteness of, the Subscriber Data.
5.5 Use of anonymised or aggregated data.
The Subscriber grants to us a royalty-free and irrevocable licence to use anonymised or aggregated data that we create or derive from the Subscriber Data in perpetuity for any purpose.
6 What we own: Everything else (unless otherwise stated)
6.1 Ownership of MYOB Intellectual Property.
We own the MYOB Business product including but not limited to our documents, software, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights.
6.2 Licence to use MYOB Business.
Subject to your payment of the Fees, we grant you a non-exclusive, revocable, and non-transferable licence to use MYOB Business in the way that we authorise. This licence continues until these Terms are terminated in accordance with this agreement.
7. Other Applications and Third-Party Products
7.1 Other Applications.
7.2 No warranties.
We make no warranties in relation to any Other Application, regardless of whether the Other Application is provided by a Professional Partner or is otherwise recommended by us.
7.3 Access to Subscriber Data.
If you install or enable any Other Application for use with MYOB Business, you consent to us allowing the Other Application to access your Subscriber Data as required to enable MYOB Business and the Other Application to operate together. Any exchange of data or other interaction between you and the 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 Business by the Other Application provider.
8. Data Feeds
8.1 How do Data Feeds work?
- Data Feeds (including bank feeds) work by you authorising a Data Supplier to provide us (and your Professional Partner if applicable) with Imported Data. By registering for Data Feeds, you are giving a Data Supplier permission to provide us with Imported Data. A Data Supplier might require you to give a hard copy authority form to set up the Data Feed.
- You may only use Data Feeds for the Subscriber’s transaction accounts. You cannot use Data Feeds for a third-party account that is not the Subscriber’s account.
8.2 Important points about Data Suppliers.
- may be paid a commission by us for providing your Imported Data to us;
- are 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
- are not a party to any agency, partnership, joint venture or other type of similar relationship with us, and are not responsible for our actions or those of any other Third Party.
8.3 How you can end your use of Data Feeds.
If you wish to cancel your Data Feeds but continue to use MYOB Business, you must advise Data Suppliers in writing. Allow at least 14 days for Data Suppliers to process the cancellation.
8.4 When Data Suppliers can terminate your Data Feeds.
- Data Suppliers can terminate your authority to give us Imported Data at any time, for any reason, by giving you no less than 7 days’ notice.
- Your Data Feeds will be automatically cancelled when your Subscription Plan is terminated.
8.5 Fees for Data Feeds.
- If Data Suppliers 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.
- Certain Data Feeds may incur additional fees on top of your Subscription Plan. For example, you may be charged a Fee for excess bank feeds transactions. These fees are described within MYOB’s Fair Use Policy. You will be charged in the currency of the country where you accept these Terms. For more information of the bank feeds check out this Help page.
9. MYOB YourPay and MYOB Team
This section applies if you make the MYOB YourPay or MYOB Team app available to your Employees.
9.1 Giving access to Employees.
- MYOB YourPay 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 Business. 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.
- MYOB Team 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 Business 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.
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 usernames and passwords;
- checking the accuracy of any data entered into the app by your Employees, from within MYOB Business; and
- regulating your Employees’ access to the app (for example, by restricting an Employee’s access once they are no longer employed by the Subscriber).
9.3 When an Employee leaves the Subscriber.
- Restricted access rights. When an Employee leaves the Subscriber, you can restrict their access to so that they can only access their payslips.
- 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.
10. Availability of MYOB Business
MYOB Business may be disrupted during certain periods, including as a result of:
- telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
- negligent, malicious or wilful acts or omissions of third parties (including the Third Parties);
- maintenance or repairs carried out by us or any Third Party in respect of any of the systems used in connection with providing MYOB Business;
- services provided by Third Parties (including internet service provider services) ceasing or becoming unavailable; or
- 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 Business (or any services provided in connection with MYOB Business).
10.2 System maintenance.
Where MYOB Business is unavailable because of system maintenance or repairs, we will try to inform you beforehand.
10.3 No liability.
We are not responsible or liable to you or the Subscriber for any Loss or Claim arising from MYOB Business or any part of it being delayed, disrupted or unavailable.
10.4 Keep your own records.
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).
11.1 How can you cancel your Subscription?
- By giving notice.
Only the billing account contact, which is often the Subscriber or Administrator, can terminate your Subscription Plan. This can be done from within the “My Products” page of your “My Account” dashboard or by phoning us at least 10 days before the end of the month. To action your termination, our Customer Service team can be contacted directly on 1300 555 151 (select “Billing Enquiries” when prompted). The effective date of termination will be the last day of the current month.
- For breach.
You may 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.
11.2 How can we cancel your Subscription?
MYOB can terminate your Subscription Plan at any time by providing you with 60 days written notice. MYOB can terminate or suspend your access immediately without prior notice if:
- you fail to remedy a material breach of these Terms within 10 days after we give you notice of the breach;
- you fail to pay overdue Fees;
- in our opinion, a change to any Third -Party arrangement necessary for MYOB Business renders the ongoing operation of MYOB Business 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 Business substantially unworkable or non-functional;
- we believe this is necessary either to protect the security, integrity or reputation of MYOB Business or any MYOB Business function, service or facility, or to otherwise protect our interests;
- 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
- there is a change in who owns or controls the Subscriber.
11.3 What happens on Termination?
Unless otherwise specified, termination is effective on the last date of your current billing period. On the date that termination of your Subscription Plan is effective:
- the licence granted under section 6.2 terminates and your use of MYOB Business will cease; and
- you and any Users (including employees) will only be able to access Subscriber Data in accordance with the Data Extraction Period described below.
11.4 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 Business.
12. Limited period for data extraction
12.1 Accessing archived Subscriber Data after termination.
We strongly recommend that you extract your Subscriber Data for compliance and archive purposes as soon as possible following termination of MYOB Business. 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 Employment Laws). You acknowledge and agree that:
- you will have 60 days from the effective date of termination to extract your Subscriber Data from MYOB Business at no charge (Data Extraction Period).
- the Data Extraction Period also applies to employees who may need to access their payslips using MYOB YourPay or MYOB Team.
- After the Data Extraction Period, you and other Users (including your Employees and Professional Partner) will have no further guaranteed access to MYOB Business or your Subscriber Data.
- If you need to access your archived Subscriber Data records after the end of your data extraction period, contact us on 1300 555 151 (Australia). Access to archived Subscriber Data may be subject to additional fees and 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.
12. Data storage after the end of your Subscription Plan
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 5.2. 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).
13. Liability, Warranties, Representation, and Indemnities
13.1. No warranty that MYOB Business is suitable for your needs.
- MYOB Business is a generic service and its capabilities are likely to change over time. This means that MYOB Business may not be, or may not remain, suitable for your needs.
- You must assess the ongoing suitability of MYOB Business for the Subscriber. We are not aware of your individual business needs and cannot provide any specific recommendations regarding your use of MYOB Business.
13.2 Liability for other conditions or warranties.
If you accept these Terms in Australia, they do not exclude, restrict or modify:
- the application of any part of the Australian Consumer Law (ACL);
- the exercise of any right or remedy conferred by the ACL; or
- 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.
To the extent permitted by law (and subject to the remainder of this section 13.2 if you accept these Terms in Australia), we provide no warranty and make no claim in relation to our performance, the performance of MYOB Business, or any service associated with MYOB Business.
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 Business or the service (as applicable); or
- the cost of re-suppling MYOB Business or the service (as applicable), and in any event will be limited to the fullest extent permitted by law.
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).
If you accept these Terms in Australia, this section 13.2 is 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.
13.3 When we and Third Parties will not be liable to you.
We and Third Parties (including, in the case of Data Feeds, Data Suppliers) are not responsible or liable to you for:
- 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 Business, including delays, disruptions, inaccuracies or the loss of data;
- 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 Business;
- 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 Business;
- 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;
- any Loss or Claim arising from a failure by you or the Subscriber to maintain archive records of your Subscriber Data; or
- 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.
13.4 Indemnity to us and Third Parties.
- You indemnify us, our staff, and Third Parties (including, in the case of Data Feeds, Data Suppliers) (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.
- If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section 13.4 above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
14. Changes to Terms and to MYOB Business
14.1 Changes to these Terms and MYOB Business.
We may change any of these Terms (including the Fees, which are specifically dealt with in section 4 above) or discontinue or make changes to our products, including MYOB Business. This might include discontinuing the product, adding or removing features, or changing the inclusions in our product and support tiers.
14.2 Prior notice.
We’ll give you at least 20 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 Business.
14.3 Urgent changes.
If we need to restore or maintain the security of MYOB Business urgently, we may change your use and access to MYOB Business without advance notice.
14.4 Right of termination.
If we make a change to MYOB Business or these Terms under sections 14.1. or 14.2 above, then you have the option to terminate your Subscription by giving notice in accordance with section 11.1.
You agree that all communications between you and us in relation to MYOB Business will be by email, by in-product notification, or by us posting a notification on the MYOB website (myob.com.au).
- 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).
- If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.
15.3 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.
16.1 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 Business. 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.
16.2 Additional MYOB services.
16.3 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 Business at our election.
16.4 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.
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.
16.6 Which laws apply to the Terms?
These Terms are governed and construed by the laws of Victoria.
16.7 Disputes and Customer Complaints.
As a Subscriber, you’re responsible for resolving any disputes with your Users. If you have any questions, complaints or claims that you wish to raise with MYOB you can contact us at 1300 555 123 or firstname.lastname@example.org. Most disagreements can be resolved informally and efficiently within our Customer Resolutions Team. To the extent permitted under the applicable law, you and MYOB agree that each may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
16.8 Product Support.
Support is available between 8:30am and 5pm Monday to Friday, excluding public holidays via phone 1300 555 123. For MYOB Team or MYOB YourPay enquiries, you can also email email@example.com.
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 your Subscription Plan.17. Your Privacy
17.1 Collection, disclosure and use.
17.2 Disclosure to others.
- 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 firstname.lastname@example.org, or by post at: "Privacy Officer", MYOB Australia Pty Ltd, PO Box 73, Richmond VIC 3121.
You must ensure that all Users read this ‘Your privacy’ section and the policies described above before using MYOB Business or providing their Personal Information to us.
17.7 Notice to individuals.
The following expressions have the following meaning:
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, a customer, third-party software provider or a supplier.
Employees means employees of the Subscriber.
Employment Laws means all laws in Australia regulating employment relations.
Exported Data means data exported, extracted or transmitted from MYOB Business 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.
Fees means those fees relating to your Subscription Plan as disclosed to you when you initially signed-up; or as disclosed to you when you upgraded or downgraded your plan; and any changes to those fees as otherwise communicated to you in accordance with these Terms.
Fees include fixed monthly subscription fees, Pay-Per-Use Fees for add-ons and Integrated Services and any fees charged under the MYOB BankFeeds Fair Use Policy. To learn more about Pay-Per-Use Fees associated with Payroll check out this Help page.
Try Free for 30 Days means the first 30-days of your MYOB Business Subscription Plan which is free of charge, as defined in section 3.1.
Imported Data means data that is imported or transmitted into MYOB Business 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.
Integrated Services means other MYOB products which integrate with MYOB Business including Direct Payment, Online Invoice Payments and Invoice Financing.
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 Business means any and all of the services, features and functionality comprising the product ‘MYOB Business’ which we make available from time to time. This includes the specific MYOB Business base product and includes MYOB YourPay app, the MYOB Team app, Data Feeds within MYOB Business and any other add-ons and Integrated Services.
Other Application means any application or service offered by a third party to integrate and be used in conjunction with MYOB Business.
Pay-Per-Use Fees means fees for product add-ons or Integrated Services such as Online Invoice Payments and Payroll, that incur variable charges when used.
Payroll Data means the Subscriber payroll information that you input into MYOB Business.
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.
Professional Partner means a person who provides bookkeeping, accounting or similar services to the Subscriber, and who may be appointed as a User.
Subscription Plans has the meaning given to it in section 2.
Subscriber means the business that subscribes to MYOB Business. 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, Users or a Data Supplier (as applicable) into MYOB Business.
Subscription means your subscription to MYOB Business.
Tax Laws means the Taxation Administration Act 1953, and any binding regulation, ruling or direction issued by the Australian Taxation Office.
Third Party means any person we have engaged to help us provide MYOB Business. This includes any other service providers engaged by us to assist in the delivery, maintenance and administration of MYOB Business. 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.
User means a person authorised by the Subscriber to use MYOB Business (including Employees and Professional Partners).
We, us and our means MYOB Australia Pty Ltd ACN 086 760 198.
You and your means the Subscriber and User as applicable.
Last updated September 2021.
MYOB, the MYOB logo, MYOB YourPay and MYOB Team are trade marks of MYOB Technology Pty Ltd.