1. About these Terms
b. The Product is provided by MYOB Australia Pty Ltd ABN 12 086 760 198 of Level 3, 168 Cremorne Street, Cremorne, VIC 3121, Australia (if your Sales and Services Agreement is governed by the laws of Victoria, Australia) or MYOB NZ Limited (Company Number 902338) of Level 5, Eden 5, 12 Normanby Road, Mount Eden, Auckland, 1024, New Zealand (if your Sales and Services Agreement is governed by the laws of New Zealand) (MYOB, we, us or our).
c. Throughout these Terms, "you", "yours" and "user" refer to the individual or entity that accesses or uses the Product. If you do not agree to these Terms, you must not access or use the Product. By purchasing a subscription for, accessing, or using the Product, you agree to be bound by these Terms. If you are accessing or using the Product on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to be responsible for your use of the Product. These Terms are a legally binding agreement between us and you.
Please refer to the relevant Sales and Services Agreement for further details in relation to your use of the Product, including for:
the Term of the Sales and Services Agreement and the Supply Order (clause1);
our obligations to you (clause 2);
your obligations to us (clause 3);
when and how we may change the Sales and Services Agreement, Fees or the Product, including what options you have in such circumstances (clause 4);
payment of Fees (clause 5);
confidentiality, privacy and data security (clause 6);
both of our intellectual property and data rights (clause 7);
data feeds, including bank feeds (clause 14);
both of our termination rights (clauses 4.5 and 11); and
liabilities, warranties and indemnities (clauses 6.5, 7.5, 8.4 and 9).
Where there is a conflict between the Sales and Services Agreement [AB7] and these Terms, the Sales and Services Agreement [AB8] takes precedence (unless expressly stated otherwise).
Relationship between these Terms and your Other MYOB Product terms
payment of Fees;
liabilities, warranties and indemnities;
any other terms and conditions which govern your use of your MYOB product that are not covered by these Terms.
Relationship between these Terms and your Partner Program Terms
a. These Terms also operate in addition to our Partner Program terms and conditions.
b. If you are a member of the MYOB Partner Program, MYOB Connected Accounting Program, MYOB Bookkeeper Program, or MYOB Certified Consultant Program, please refer to the relevant program terms for details in relation to your participation in those programs, including:
payment of Fees;
liabilities, warranties and indemnities;
any other terms and conditions which govern your participation in the program that are not covered by these Terms.
If there is a conflict between those relevant program terms (as applicable) and these Terms, these Terms take precedence.
We agree to supply, and you agree to use, the Product on the terms and conditions set out in these Terms.
3. Use and Availability of the Product
a. You must have at least one User to access the Product.
b. To access the Product, you must also have either:
a Supply Order for and a licence to access MYOB Accountants Office Live and Accountants Enterprise (AO AE); or
a membership to MYOB’s Partner Program.
c. Access to the Product as a Partner Program Member
From time to time, MYOB may offer a version of the Product to members of the MYOB Partner Program as a benefit. The functionality and capabilities of any such version are at MYOB’s discretion, subject to the terms and conditions of the Partner Program. For example, any such version may include only the “Transaction Processing”, “BAS Lodgement”, “Advisory” and “Portal Sharing” capabilities. If you have access to this version of the Product as a member of the MYOB Partner Program, the availability, functionality, and your use of the Product is governed by the Partner Program terms and conditions, in conjunction with these Terms and your Sales and Services Agreement[AB9] .
You may need internet access to use certain aspects of the Product. You are responsible for getting and keeping internet access that is compatible with the Product, including browser software versions that are compatible with the Product as published 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.
You also need to ensure that your operating systems are compatible, in order to access the Product. For more information on the system requirements, please refer to System Requirements and Compatibility Statements (https://practice-support.myob.com/supps/).
d. Access to the Product as an MYOB Accountants Office and Accountants Enterprise customer
As a User of AE or AO, the cost of your MYOB Practice subscription is included in the cost of your AE or AO licence fees.
If your Sales and Services Agreement [AB10] includes a licence to use the desktop version of AE or AO licence and is subject to the laws of New Zealand, you may access the full version of the Product in conjunction with your licence to use AE or AO. Your version of the Product also includes additional modules like “MYOB Practice Tax NZ”.
If your Sales and Services Agreement [AB11] includes a licence to use any version of AE or AO and is subject to the laws of Australia you may access the full version of MYOB Practice. Your version of the Product may also include additional modules like “MYOB Practice Tax AU”, which may be available in AU from time to time as part of an “early access program”.
4. Protecting your username and password
a. In addition to any obligations under the Sales and Services Agreement, you must ensure your user list remains up-to-date. In particular:
you control who has access to your Product by following the steps in this Help article[AB13] , including updating which users can view and modify your data. You can add or remove users, or change their level of access or permissions at any time by following these instructions;
You are responsible for the acts or omissions of your users in relation to the Product. You must ensure that your users are aware of, and comply with, these Terms; and
If a user leaves your business, it is your responsibility to remove their access to the Product.
b. You must also take appropriate security precautions to prevent unauthorised access to your Product, including (without limitation) protecting your access codes, username and password for the Product, as well as the desktop versions of AE and AO. You must not:
tell anyone your password, including any member of your family; or
let anyone else, whether acting as your agent or not, access the Product using your username and password.
c. If you think anyone else might know your password you should reset your password from within my.MYOB, or contact us as soon as possible to arrange a new password.
d. You must let us know of any changes to your details and provide any reasonable proof that we may require.
e. You must not:
use the Product in a way that contravenes any Applicable Law or violates a third party’s legal rights;
interfere with the operation of the Product;
sell, commercialise, lease, loan or otherwise distribute the Product to third parties without our prior written consent;
reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind the Product;
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any Product content (except in respect of Customer Data or where we have given you prior written consent);
use the Product in any way which is harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;
upload any material (including pdf. and .jpg files) into the Product that: contains Personal Information of any individual, without that individual’s express or implied consent; or infringes the Intellectual Property Rights of any third party;
directly or indirectly introduce, or permit the introduction into the Product of, any software viruses or other malicious computer code, files or programs, or in any other manner corrupt, interrupt, destroy or limit the functionality of the Product;
use the Product to send “spam” or otherwise make available any offering which violates these Terms;
remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer, regulatory or legal notice or link that is incorporated into the Product; or
act in a manner that is verbally or physically abusive, threatening or amounts to bullying or harassment of any of our employees, contractors or agents (including our customer support teams).
5. Availability of Product
a. The Product could be disrupted if systems failure occurs due to technology used by either us or Third Parties involved in providing Product.
b. In relation to any device which you use to access the Product, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Product.
c. The Product may also be unavailable for short periods because of system maintenance or upgrades. If this is needed, we will use our best efforts to inform you beforehand.
d. In order to maximise your business continuity, and to make tax compliance easier, we encourage you to take steps to back up and archive your data on a regular basis.
6. Authorising other users to provision files and set up payment methods
a. MYOB Practice includes an online system, which is available to members of MYOB’s Partner Program for accessing and provisioning of SME products (“Partner Dashboard”). “SME products” includes any product that is available for purchase from within the Partner Dashboard such as MYOB Business and MYOB AccountRight.
b. You can authorise other Partner Dashboard users to access your Partner Dashboard and register for SME products on behalf of your clients.
c. When provisioning new SME products for your clients, the Partner Dashboard allows users to select from two options: “Client Pays” and “Partner Pays”. Any Partner Dashboard user can select the “Partner Pays” option when registering a SME product, once the option has been enabled within your Partner Dashboard. Unless you take adequate precautions, it could be possible for a Dashboard user to enter into Partner Pays subscriptions in error, or without your knowledge or consent.
d. You are responsible for the use of the Partner Dashboard by other users, including ensuring that they enter into Partner Pays subscriptions only when authorised by you.
7. Payment of client fees from within the Product
b. You must pay all SME product fees due to us on the due date. The recommended retail price for all SME products are published on our website. If you are a member of the Partner Program, you can find details of your wholesale rate on the MYOB Partner Dashboard.
8. Access to SME Products
a. Once you have provisioned a SME product through the Partner Dashboard, you, or your client (as applicable) must agree to the relevant SME product terms and conditions before you can use the SME product.
b. Although you control ongoing access to a SME product that relates to a particular client, we may cooperate with any requests made by a client to access the raw data within a Product.
9. Communications with clients regarding SME Products
10. What happens to data on termination of your Product subscription or involvement in the Partner Program (as applicable)?
We strongly suggest that you save any data that you have in the Product to your desktop before deciding to terminate your subscription to the Product.
11. When we can suspend or terminate your access to Product with immediate effect.
In addition to the termination rights under the Sales and Services Agreement [AB15] (clauses 4.5 and 11), we may terminate your Product subscription with immediate effect if you:
do not have a current Product subscription, or cease to have a current AE or AO licence or subscription; or
You agree that all communications between us in relation to the Product will be by email, by us posting a notification within your product or on the MYOB website (myob.com or myob.co.nz), unless we agree to another method.
Any notice or other communication by email is considered to be sent by the sender and received by the addressee when the sender gets a delivery confirmation report. The report shows the time when the email reached the addressee's email address.
If the email is delivered or received after 5pm (addressee's time), it is considered to be received at 9am the next day.
We may provide a notice or other communication to you by a posting to the MYOB website (myob.com 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 it is posted. We recommend that you regularly check your Product and the MYOB website for notices or other communications.
What happens if some of these Terms can't operate? If any part or provision of these Terms are void, unenforceable or illegal, that part or provision does not apply but the rest of the Terms continue in operation, unless this would alter the essential agreement between you and us, in which case we can terminate your use of the Product at our election.
No waiver by us. If we do not insist upon strict performance of any part or provision of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach or default of these Terms.
Which laws apply to the Terms? If you accept these Terms in Australia, these Terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties. 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.