MYOB Advanced Product Terms

1. Definitions

In these In-Product Terms:

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

Related People means any employees, officers or agents of a Related Entity; and

Other Application means any Third Party software application that is provided by you or a third party and which interoperates with MYOB Advanced.

2. User Access

2.1 Additional Users

a. You can authorise other people (including MYOB Related People) to have access to MYOB Advanced as Users, subject to the quantity and type of licences that you have subscribed to.

b. Depending on the access rights you grant, each User may be able to view and modify your data. You are responsible for their use of MYOB Advanced in compliance with the MSA.

2.2 User Responsibilities

No interference with MYOB Advanced – you will not:

a. use MYOB Advanced to gain unauthorised access to any service, data, account or network by any means;

b. falsify any protocol or email header information (e.g. spoofing);

c. use MYOB Advanced to send spam;

d. use MYOB Advanced to make available any offering designed to violate this Agreement; or

e. remove, modify, tamper with any regulatory or legal notice or link that is incorporated into MYOB Advanced.

3. Support Services

a. MYOB will only provide Support Services during advertised support hours.

b. MYOB may provide support either by giving advice to you by telephone, email, online discussion, correcting errors online from a remote location, attending your site and giving advice, or supplying programming or re-configuration services, as MYOB consider necessary.

c. Except to the extent your chosen Support Services option expressly (and in writing) entitles you to specified onsite or other support without additional charge, you must pay our additional Fees for supplying any such onsite or other Support Services.

4. Other Applications

a. MYOB may offer applications or services developed by third parties to be used in conjunction with MYOB Advanced.

b. MYOB makes no warranties in relation to any such Other Application, regardless of whether that Other Application is provided by MYOB or is otherwise recommended by us.

c. Unless otherwise required by law, MYOB is not responsible for any Other Application that you may obtain or connect to MYOB Advanced. If you install or enable an Other Application for use with MYOB Advanced, you consent to us allowing the Other Application to access your data as required to enable MYOB Advanced and the Other Application to operate together. Any exchange of data or other interaction between you and a third party provider is solely between you and them. MYOB is not responsible or liable for any disclosure, modification or deletion of your data as a result of any access to MYOB Advanced by a Third Party provider of an Other Application.

5. Your Data

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

b. Notwithstanding the MSA or MYOB’s Privacy Policy, MYOB may:

i. collect usage information in relation to MYOB Advanced for operational purposes and to assist with making improvements to future versions of MYOB Advanced and other products and services. This may involve aggregating data relating to the use of MYOB Advanced by you and your Related Entities. Aggregated data is data that does not contain any information specific to a particular individual or business. Aggregated data does not include Personal Information or confidential information; and

ii. access your MYOB Advanced Configuration for the purpose of delivering, maintaining and updating the service.

6. Warranties

a. Notwithstanding the MSA, MYOB does not warrant that MYOB Advanced is bug or error free.

b. MYOB Advanced will not operate in compliance with legislation in jurisdictions other than Australia and New Zealand.

c. If during the 90 day limited warranty period, you discover that MYOB Advanced does not perform substantially in keeping with its documentation or you discover material defects in MYOB Advanced, then your sole remedy under the 90 day limited warranty shall be, at MYOB’s option and sole discretion, either:

a. a refund of the price paid to us for your MYOB Advanced subscription; or

b. repair or replacement of the part of MYOB Advanced that does not meet the warranty.

7. Suspension

MYOB can suspend User access at its sole discretion without prior notice in certain situations if necessary. If MYOB cannot notify you beforehand, MYOB will do so as soon as possible thereafter. The situations are as follows:

a. Ongoing operation of MYOB Advanced – If in MYOB’s opinion: the ongoing operation of MYOB Advanced is rendered substantially unworkable or non-functional;

i. the actions of a regulator or a change in law or regulation makes ongoing operation of

ii. MYOB Advanced substantially unworkable or non-functional; or

iii. it is necessary to protect the security, integrity, operations or reputation of MYOB Advanced, or any MYOB Advanced function, service or facility, or otherwise protect MYOB’s interests.

b. There is a material change to your Business which in MYOB’s opinion may affect the performance of this Agreement – specifically if:

i. MYOB receive notification of a dispute from one or more directors or principals of your Business; or

ii. you go into liquidation, administration, insolvency, bankruptcy, or such similar arrangement with creditors, or in MYOB’s opinion, it is reasonably likely you will do so; or

iii. there is a change in who owns or controls your Business.

8. Notification

a. MYOB will notify you in writing (which includes by email) of any suspension under section 7.

b. MYOB can reinstate your access to MYOB Advanced in our absolute discretion by written notice to you. This may be subject to you meeting any conditions set out in the notice.

c. If you become aware that a circumstance which would permit MYOB to suspend your access or use under section 7, you must advise MYOB in writing as soon as possible.

9. 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. Any unused emails are not rolled over.

• 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.

Exclusions

• Each MYOB Advanced Business service must have a minimum of 1 Full User

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