1. Introduction
1.1 These MYOB Advanced Workforce Management and MYOB Advanced Employee Onboarding Product Terms (Product Terms) govern your access to and use of MYOB Advanced Workforce Management and MYOB Advanced Employee Onboarding. By accessing or using MYOB Advanced Workforce Management and/or MYOB Advanced Employee Onboarding you are agreeing to these Product Terms.
1.2 If you have purchased the Services (including Subscription Services) for the Product directly from MYOB, these Product Terms should be read in conjunction with your Order Form and the MYOB Master Services Agreement, as agreed between you and MYOB. To the extent that there is any inconsistency between the MYOB Master Services Agreement and these Product Terms, the MYOB Master Services Agreement will prevail. Together, these documents record our agreement in relation to the products and services to be provided to you by MYOB.
1.3 If you have purchased the Services (including Subscription Services) for the Product via a channel partner rather than directly from MYOB, these Product Terms should be read in conjunction with your Quotation and any terms and conditions therein.
2. Definitions
In these Terms:
Active Users means each employee without a termination date recorded against them that you have authorised to use and access the Product, regardless of whether that employee has actively accessed or used the Product;
Fees has the meaning given to it in the MYOB Master Services Agreement.
Force Majeure Event has the meaning given to it in the MYOB Master Services Agreement.
Industrial Relations Laws means all applicable Australian and New Zealand Laws, principles, or directions issued by a Government Agency relating to employment relations in Australia or New Zealand (as applicable).
Order Form has the meaning given to it in the MYOB Master Services Agreement.
Personnel in relation to a party, are the directors, officers, employees, agents or subcontractors of that party.
Product means MYOB Advanced Workforce Management and MYOB Advanced Employee Onboarding, being the MYOB Advanced Workforce Management software solution with all or some of the following functionality: recruitment, applicant tracking system, employee onboarding, employee rostering, time & attendance, time clock app, payroll software, employee self-service, leave management, e-learning, employee performance management system or other online software applications and services that MYOB makes available to its customers from time to time, and includes any documentation made available by MYOB in any format, including online or such other web address notified by MYOB to you from time to time which sets out the user instructions for the solution and includes any documentation made available to you in any format, including online or such other web address notified by MYOB to you from time to time which sets out the user instructions for the solution.
Quotation means, if you have purchased the Product via a channel partner rather than directly from MYOB, the MYOB Advanced quotation issued to you by MYOB via the channel partner.
Relevant Laws includes the Health Records Act 2001 and the Privacy Act 1988 (Cth) for Australia, and the Privacy Act 2020 (NZ) for New Zealand.
Services has the meaning given to it in the MYOB Master Services Agreement.
Subscriber Data has the meaning given to it in the MYOB Master Services Agreement.
User means your Personnel who are authorised to use the Product.
you means the Subscriber.
3. Provision of MYOB Advanced Workforce Management or MYOB Advanced Employee Onboarding
Subject to your payment of the fees for the Product outlined in the Order Form or Quotation (as applicable) and your compliance with these Product Terms, MYOB grants you a non-exclusive right to use and permit your Users to use MYOB Advanced Workforce Management or MYOB Advanced Employee Onboarding (as applicable) for your own business purposes (including for the purposes of providing services to your clients) on the terms of these Product Terms.
4. Fees
4.1 Fees for Subscription Services related to the Product are as specified in the Order Form or Quotation (as applicable), and are billed monthly based on the number of Active Users.
4.2 Over-usage fees are charged for each employee that exceeds the allowable limit. This fee is charged retrospectively per billing period. For more information on over-usage fees, see this webpage.
5. Your Obligations
5.1 You must:
(a) provide MYOB with all information and co-operation reasonably necessary to enable MYOB to provide the Product;
(b) provide MYOB with access to your property, equipment, resources, premises, computer hardware, software, networks and systems as may be reasonably required by MYOB to enable it to provide the Product;
(c) provide and maintain the appropriate technology, equipment and facilities to enable you to access and use the Product; and
(d) promptly notify MYOB of any event or incident that is likely to or will impact on access and use of the Product or any other obligation of MYOB;
5.2 You must not, and must not permit others to:
(a) use the Product in an unlawful manner at any time;
(b) use the Product to send or distribute any messages, materials or content that may be considered to be unlawful;
(c) engage in any illegal business practice; or
(d) do anything which could adversely impact on the operation of the Product.
6. Compliance with Relevant Laws
6.1 The Product 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 (as defined by the Health Records Act 2001 (Cth)) or Personal Information (as defined by the Privacy Act 1988 (Cth)), you have complied with the Relevant 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 MYOB within the Product, on your behalf.
6.2 It’s your responsibility to comply with relevant laws including retaining records for Tax Law and Industrial Relations Laws compliance purposes (as applicable). 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. MYOB is not responsible for your failure to meet your legal obligations.
6.3 From time to time, the Product may offer “modern award interpretation” or other Industrial Relations Laws related features. Nothing in those features, nor within the Product, constitutes professional and/or financial advice. It is your responsibility to ensure that you comply with Industrial Relations Laws.
6.4 You hereby indemnify MYOB and holds it harmless from and against any loss, damage, liability, costs, or expense (including, without limitation, court costs and legal fees on a solicitor and own client basis) and any claim, action or proceeding in connection with the storage of Health Records by MYOB on your behalf. Your liability under this indemnity is reduced proportionately to the extent that such liability is caused or contributed to by the breach of this Agreement or the wrongful, unlawful or negligent act or omission of MYOB or its Personnel.
7. Security
7.1 You are responsible for all access and use of the Product whether or not authorised by you, and you must:
(a) maintain the confidentiality of any certificates, usernames, passwords or other security mechanisms issued to you to access and use the Product;
(b) take all reasonable security measures to protect against any unauthorised access or use of the Product; and
(c) ensure that each person accessing and using the Product:
(i) is aware of, and complies with, all of your obligations under these Terms; and
(ii) does not do any act, matter or thing which, if done by you, would constitute a breach of your obligations under these Terms.
7.2 You are responsible for all Users’ use of and access to the Product (including level of access).
8. Product Availability
MYOB will (subject to you complying with your obligations under these Product Terms, and subject to any other limitation or exclusion set out in these Product Terms) provide the following services to you:
(a) information regarding the configuration, customisation and maintenance of any software used in relation to the Product and of any software required to be loaded upon your systems for the purpose of accessing and using the Product in accordance with, and for the purposes contemplated in these Product Terms; and
(b) other email support services (as determined by MYOB from time to time) as is reasonably required to ensure that the Product is made accessible to Users in a functional and operational state in accordance with, and for the purposes contemplated in, these Product Terms.
9. Product Service Levels
Subject to you complying with your obligations under these Product Terms, and subject to any other limitation or exclusion set out in any other applicable terms, MYOB must use all commercially reasonable endeavours to ensure the Product is available for at least the following minimum availability percentage:
Availability | Measurement period |
99.5% | Monthly (excludes public holidays, weekends and scheduled maintenance) |
The availability of the Product will be calculated as the number of available hours during the measurement period, divided by the total number of hours during the measurement period.
10. Product Downtime and Limitations
Notwithstanding any provision of these Product Terms to the contrary, you acknowledge and agree that:
(a) MYOB does not warrant that any person will have continuous access to the Product; and
(b) the provision of and access to the Product is reliant upon various factors beyond MYOB’s control, including but not limited to:
(i) Force Majeure Events;
(ii) the provision of goods and services by third party providers (including the availability, capacity, operation and performance of servers, platforms, software and hardware supplied or made available by third parties);
(iii) acts or omissions by you, your Users or third party providers; and
(iv) your or your User’s internet service provider, telecommunications provider or equipment used to access the Product.
(c) from time to time, MYOB may (but is not obliged to):
(i) make modifications to, or enhancements, updates or new releases of, the Product; and
(ii) undertake certain maintenance activities in relation to the Product.
(d) certain activities or occurrences may cause system outages, including:
(i) any act or omission of any third party providers; or
(ii) any act or omission of you, your Users or your Personnel.