1. ABOUT THESE TERMS
These terms and conditions (Terms) govern your use of MYOB Essentials. You should read the Terms carefully, as they set out our respective rights and obligations.
If you accept these Terms in Australia, they do not exclude, restrict or modify:
a) the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL)
b) the exercise of any right or remedy conferred by the ACL; or
c) the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:
i contravene the ACL; or
ii cause any part of these Terms to be void.
In these Terms:
Bank Feeds means MYOB BankFeeds, a service that enables you to electronically receive daily or monthly updates of transactions for nominated Business accounts (such as bank and credit card accounts).
Bank Feeds Data means the transaction data relating to any account linked to Bank Feeds.
Business means the business that applies to use MYOB Essentials (and which application we have accepted). A Business may be a sole trader, partnership, company, trust or another type of organisation or entity.
Customer Data means data, information, materials, text, graphics, images or works of authorship of any kind (including Bank Feeds Data and Payroll Data), information (including Personal Information) and other materials entered or uploaded by you, your Users or your Data Supplier(s) (as applicable) into MYOB Essentials, but excludes the Usage Data.
Data Supplier means an organisation authorised by you to supply us with Bank Feeds Data (such as your bank or other nominated financial institution) or Invoice Data.
Employees means employees of the Business.
ER Laws means all laws in Australia or New Zealand (as applicable) regulating employment relations which will apply to you if you are a user of an MYOB Essentials payroll module.
Fees means the fees and charges relating to the provision of MYOB Essentials, as notified to you when you started using MYOB Essentials, and any amendment to those fees and charges published on our website at www.myob.com.au/essentials (Australia) or www.myob.co.nz/essentials (New Zealand). This includes any fees charged under the Fair Use Policy for Australia and New Zealand, respectively.
Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know how and moral rights.
Invoice Data means the data contained in invoices issued to you by a third party.
Invoice Feeds means a service that enables you to receive Invoice Data directly into MYOB Essentials. Invoice Feeds are only available from specific suppliers.
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 Essentials means any and all of the services, features or functionality comprising the product known as ‘MYOB Essentials’ which we make available to you from time to time. This includes the specific MYOB Essentials product modules purchased by you, the MYOB YourPay app and the Bank Feeds.
Other Application means an application or service offered by a third party to integrate and be used in conjunction with MYOB Essentials.
Payroll Data means the Business payroll information that you input into MYOB Essentials if you are a user of a MYOB Essentials payroll module.
Personal Information means that term as defined in the Privacy Act that you supply in connection with your use of MYOB Essentials. Basically, this is information about an identifiable individual that is provided to us by you in the course of providing MYOB Essentials.
Privacy Act means the Privacy Act 1988 (Cth) (if you accept these Terms in Australia) or the Privacy Act 1993 (if you accept these Terms in New Zealand),each as updated, amended or replaced from time to time.
Professional Partner means a person who provides bookkeeping, accounting or similar services to the Business, and who may be appointed as a User.
Tax Laws means the Taxation Administration Act 1953 (Cth) (if you accept these Terms in Australia) and Tax Administration Act 1994 (if you accept these Terms in New Zealand) as updated, amended or replaced from time to time, and any binding regulation, ruling or direction issued by the Australian Taxation Office or Inland Revenue Department of New Zealand (as applicable) from time to time.
Third Party means any person we have engaged to help us provide MYOB Essentials. This includes any other service providers engaged by us to assist in the delivery, maintenance and administration of MYOB Essentials. In the case of Bank Feeds, any Data Supplier that you authorise to provide Bank Feeds Data or Invoice Data to us is also a Third Party under these Terms.
Usage Data means all data that MYOB may collect from you or process:
a) when you subscribe to MYOB Essentials or otherwise in order to administer your subscription (such as your name, contact details and payment information); and
b) in connection with monitoring your use of MYOB Essentials, including analytics data.
User means a person authorised by you to use MYOB Essentials (including Employees and Professional Partners). MYOB Essentials is a multi-user system.
We, us and our means MYOB Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and MYOB NZ Limited, Company Number 902338 (if you accept these Terms in New Zealand).
You and your means the Business, including each User.
3. GENERAL TERMS
3.1 Services. We agree to supply, and you agree to use, MYOB Essentials on the terms and conditions set out in these Terms.
3.2 Protecting your login credentials
a. You must take security precautions. Unless you and your Users take adequate security precautions, it may be possible for an unauthorised person to gain access to your Customer Data. You must take precautions to ensure that your login credentials (and those of your Users) are not misused, and remain secure and confidential. You should never:
i. tell anyone your login credentials, including any member of your family;
ii. let anyone else, whether acting as your agent or not, access MYOB Essentials using your login credentials.
It is also your responsibility to ensure that each User is allocated a separate login credentials and that the User keeps his or her login credentials confidential and secure. You (and your Users) should be particularly careful when accessing MYOB Essentials from a public computer.
b.Password resets. If you think anyone else might know your login credentials (or those of your Users), you (or the affected User) should reset the affected your password from within MYOB Essentials, or contact us as soon as possible to arrange a password reset.
c.Responsibility for Users. You:
i.agree that you are responsible and liable for the acts and omissions of each User in connection with MYOB Essentials and these Terms, as if they were your acts and omissions; and
ii.accept all liability for any unauthorised use of any login credentials issued to any User (other than any unauthorised use resulting from any negligent act or omission legally attributable to us).
3.3 Your other responsibilities
a.No interference with MYOB Essentials. You must not (and must ensure that your Users do not):
i. interfere with the operation of MYOB Essentials or overload the system;
ii. sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan or otherwise distribute all or part of MYOB Essentials, or any adaption, modification or derivative of all or part of MYOB Essentials;
iii. reverse-engineer, reverse-assemble, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind MYOB Essentials;
iv. (except in respect of Customer Data or where we have given you permission) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from MYOB Essentials;
v. use MYOB Essentials for any unlawful purpose or in any way that is prohibited by law, regulation or government order in any relevant jurisdiction;
vi. use MYOB Essentials in a way that violates a third party’s legal rights;
vii.upload any material (including pdf. files) into MYOB Essentials, or otherwise use MYOB Essentials in any manner, which:
A.is harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;
B.contains Personal Information of any other person, without that person’s express or implied consent;
C.infringes on the Intellectual Property Rights of any other person; or
D.constitutes misuse or resale of MYOB Essentials or any associated materials;
viii. directly or indirectly, introduce or permit the introduction into MYOB Essentials of any software viruses or any other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of MYOB Essentials.
ix.use MYOB Essentials to send “spam” or otherwise make available any offering designed to violate these Terms; or
x.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 Essentials.
b. Cooperation and limited authority in relation to Third Parties. You:
i. must do all things reasonable and appropriate to enable us to fulfil our obligations to Third Parties in relation to MYOB Essentials, including, in the case of Bank Feeds, giving your Data Supplier the necessary authority to provide the relevant data to us; and
ii. authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB Essentials, as may be reasonably required to enable us to provide MYOB Essentials to you.
c.Giving access to other Users. If you are listed as the owner of the Business or the authorised administrator for your subscription, you can authorise other people (including Employees and Professional Partners) to have access to your Customer Data as Users. Subject to the access rights you grant, they will be able to view and modify your Customer Data. Their use of MYOB Essentials is subject to these Terms, so you should provide a copy to them. You are responsible for their use of MYOB Essentials. You can remove their access at any time by removing them from your User list within MYOB Essentials or by contacting us.
d.Change of details. You must let us know of any changes to the details that you have provided to us in relation to MYOB Essentials, and provide any proof of the change that we that require.
e.Accuracy of Payroll Data (MYOB Essentials payroll module users only). You are responsible for verifying the Payroll Data that you input into MYOB Essentials and ensuring that it is accurate and complete.
3.4 Customer Data
a.Ownership of Customer Data. We agree that you (and/or your third party licensors) retain all rights, title and interest (including all Intellectual Property Rights) in the Customer Data.
b.Licence to Customer Data. You grant to us a non-exclusive, sub-licensable (for the purpose set out in paragraph ii. below), irrevocable and royalty-free licence to:
i. use and reproduce the Customer Data:
A.to enable us to perform our obligations under these Terms or our regulatory obligations;
B.to improve our products and services;
C.to identify, develop and deliver other functionality, products and services that may be of interest to you;
D.to enable us to comply with our regulatory obligations, if applicable; and
E.for other purposes to which you expressly consent from time to time;
ii. provide the Customer Data to Third Parties that we have engaged to help us provide MYOB Essentials for the purposes described in paragraph i. above; and
iii.use, reproduce, modify and adapt anonymised information derived from the Customer Data in perpetuity for any purpose.
c.Necessary rights in Customer Data. You warrant that you have all necessary rights to grant us the licence to Customer Data under section 3.4.b.
d.Accuracy and completeness of Customer Data. We are not responsible for any inaccuracy in, or incompleteness of, the Customer Data.
e.Record retention during your subscription. It’s important to safeguard your records and Customer Data. There is an inherent risk of data loss with any technology. You should retain a copy, which is separate to MYOB Essentials, of your records and all Customer Data at all times. You acknowledge and agree that MYOB Essentials is not intended to be used as, and must not be relied upon by you as, a data backup or storage service. Your access to your Customer Data within MYOB Essentials is conditional upon you paying the Fees in full when due.
f. Compliance with Tax Laws and ER Laws. It is your responsibility to retain your Business records for Tax Law and ER Law compliance purposes (as applicable). We are not liable for your failure to meet your legal obligations for record retention in relation to any Customer Data or otherwise. If you decide to terminate MYOB Essentials you should extract your Customer Data in its entirety as soon as possible following termination. See section 8.3 for further details. For specific advice regarding your compliance obligations under the Tax Laws or the ER Laws, please consult the Australian Taxation Office, Inland Revenue Department of New Zealand or your professional advisor, as appropriate.
g. Data storage after the end of your subscription. Data held in our systems is subject to back-up and archive processes. At the end of your subscription or termination of these Terms, we may retain copies of your Customer Data in our archives. We may also continue to store and use your Customer Data in accordance with section 3.4.b. Our storage and use of that Customer Data remains subject to these Terms. You may request that we delete your Customer Data by contacting us on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand).
h.Accessing your archived Customer Data after the end of your data extraction period. If you need to access your archived Customer Data records after the end of your data extraction period (see Section 8.3.b), contact us on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand). Access to archived Customer Data may be subject to additional fees and might require that you have an active MYOB product subscription to view the archival records. We don’t guarantee that we’ll always retain your Customer Data or be able to recover your historical Customer Data, which is why you should keep your own records and copies of Customer Data.
i.Protecting your confidential Customer Data. While using MYOB Essentials, you might share confidential Customer Data with us. We take steps to safeguard your Customer Data. We may disclose your Customer Data:
i.to Third Parties that we have engaged to help us provide MYOB Essentials; and
ii.if required to do so under applicable laws.
3.5 Our Intellectual Property Rights
a.Licence. Subject to your payment of the Fees, we grant you a non-exclusive, revocable and non-transferable licence to use MYOB Essentials in the way that we authorise from time to time. The licence granted to you under this paragraph (a) commences when you start using MYOB Essentials and continues until these Terms are terminated in accordance with section 8.
b. We retain our Intellectual Property Rights. Except as specifically set out in these Terms, these Terms do not give you any Intellectual Property Rights or other rights in: MYOB Essentials and any of our other software; Usage Data; our documents, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or any of our other Intellectual Property Rights other than as specifically set out in these Terms.
c .Intellectual Property Rights deriving from your use of MYOB Essentials. You agree that any Intellectual Property Rights in any systems, processes or methodologies developed by you which derive from your use of MYOB Essentials become our Intellectual Property Rights (and you assign all such Intellectual Property Rights to use on their creation).
3.6 Trial use
a.If you are a trial User, you will be able to use MYOB Essentials free of charge for 30 days (Trial Period). At the end of the Trial Period, you have the option of subscribing to MYOB Essentials for a fee. If you do not subscribe before the end of the Trial Period, your access to MYOB Essentials will be restricted. This means that 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 Essentials or access your Customer Data.
b.If you choose not to subscribe to MYOB Essentials following your trial, we strongly recommend that you extract your Customer Data for compliance and archive purposes as soon as possible within the 60 day read-only period after the Trial Period. Failure to extract and retain your Customer Data following the end of your trial may result in you being unable to comply with your record retention obligations under the applicable laws (including Tax Laws and ER Laws).
3.7 Payment of Fees and Direct Debit Authority
This section applies to you if you are responsible for paying the Fees for your MYOB Essentials subscription. If another person (for example, a Professional Partner) is responsible for paying the Fees in relation to your use of MYOB Essentials, and they stop paying us, you will need to pay the Fees to continue your use of MYOB Essentials, in compliance with this section. If you accept these Terms in Australia, please see the MYOB Direct Debit Terms and Conditions for Purchasing Online in Australia for more details on your direct debit authority. If you accept these Terms in New Zealand, please see the Terms for Purchasing Online with MYOB in New Zealand for more details on your direct debit authority
a. Payment of Fees. You must pay all Fees due to us in relation to your use of MYOB Essentials, on the due date. Fees are published on the MYOB website: www.myob.com.au/essentials for Australia and www.myob.co.nz/essentials for New Zealand.
b. Changes to Fees. By giving you at least 20 days’ notice before the change takes effect, we may:
i.change the amount of any Fee or introduce a new Fee; and
ii.change the circumstances in which, or frequency with which, a Fee is payable;
c.Termination rights. If we make a change under section 3.7.b above, then you have the option to terminate your MYOB Essentials subscription under section 8.1.
d.Direct Debit Authorisation. You authorise us to deduct monthly instalments and any other Fees payable to us in respect of your use of MYOB Essentials (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.
e.Processing Fee payments
i.Debiting of Fees will ordinarily occur on the first Business Day of each month (but may occur at other times as required or permitted under these Terms) and can be in advance or in arrears as we determine. We will provide a monthly statement (and tax invoice, where applicable) detailing the Fees that have been debited.
ii.The first payment will be pro-rated according to the end of the Trial Period for the appropriate number of days until the end of that month.
iii.It is your responsibility to ensure that:
A.you have sufficient credit or funds available in your nominated credit card or bank account to cover your monthly payment; and
B.your credit card or account details are current and correct.
f.If your payment is declined
i.If your Fees are debited from your credit card, we will attempt to re-draw 3 times. If these attempts fail, we will advise you and you will be allowed 14 days to respond.
ii.If your Fees are debited 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.
iii.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 Essentials.
g.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.
h.Fees for additional services. We may offer additional services to complement MYOB Essentials. Those additional services might be subject to additional fees.
3.8 Goods and services tax (GST) and duties
a.All payments due to us (including Fees, reimbursement by you to us of any amounts and payments under indemnities), unless already stated to be GST inclusive, are to be increased by the amount of any GST liability we have in relation to supplies we make to which those payments relate.
b.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 Essentials. If we have paid them on your behalf, they must be reimbursed by you on our request.
4. OTHER APPLICATIONS
4.2 No warranties. We make no warranties in relation to any Other Application offered in relation to MYOB Essentials, regardless of whether an Other Application is provided by a Professional Partner or is otherwise recommended by us.
4.3 Access to Customer Data. If you install or enable an Other Application for use with MYOB Essentials, you consent to us allowing the Other Application to access your Customer Data as required to enable MYOB Essentials and the Other Application to operate together. Any exchange of data or other interaction between you and an Other Application provider is solely between you and them. We are not responsible or liable for any disclosure, modification or deletion of your Customer Data as a result of any access to MYOB Essentials by an Other Application provider.
5. BANK FEEDS AND INVOICE FEEDS
5.1How do Bank Feeds and Invoice Feeds work?
a.Bank Feeds and Invoice Feeds work by you authorising your Data Supplier to provide us (and your Professional Partner if applicable) with Bank Feeds Data or Invoice Data (as applicable). The following terms and conditions in this section 5 apply only to the use of Bank Feeds and Invoice Feeds.
b.By registering for Bank Feeds or Invoice Feeds you are giving your Data Supplier permission to provide us with Bank Feeds Data or Invoice Data (as applicable). You may also be required to provide your Data Supplier with a hard copy authority form as additional evidence of your consent, depending on your Data Supplier’s practices.
c.You may only use Bank Feeds for transaction accounts attached to the Business.
5.2 Important points about your Data Supplier. Your Data Supplier:
a.may be paid a commission by us for providing your Bank Feeds Data or Invoice Data to us;
b.is under no obligation to provide us with your Bank Feeds Data or Invoice Data and it can stop doing so at any time without notice to either you or us; and
c.is not a party to any agency, partnership, joint venture or other type of similar relationship with us, and is not responsible for our actions or those of any other Third Party.
5.3 How you can end your use of Bank Feeds or Invoice Data. If you wish to cancel your Bank Feeds or Invoice Feeds but continue to use MYOB Essentials, you must advise your Data Supplier in writing. Please allow a minimum of 14 days for your Data Supplier to give effect to your request for cancellation.
5.4 When your Data Supplier can terminate your Bank Feeds or Invoice Feeds
a.Your Data Supplier can terminate your authority to give us Bank Feeds Data or Invoice Data at any time, for any reason, by giving you no less than 7 days’ notice.
b.Your Bank Feeds or Invoice Feeds will be automatically cancelled when your MYOB Essentials subscription ends. See section 8 for more information on ending your MYOB Essentials subscription.
5.5 Bank Feeds fees. If your Data Supplier charges you directly for transaction fees in connection with your account and your use of the Bank Feeds in relation to that account, you are responsible for and must pay those fees. If you don’t do this, we may not be able to provide the Bank Feeds to you.
5.6 Fair Use Policy. In addition to your monthly subscription fee for MYOB Essentials, you may be charged a Fee for excess bank feeds transactions under the Fair Use Policy Australia and New Zealand, respectively. You will be charged in the currency of the country where you accept these Terms.
6. MYOB YOURPAY
This section applies to you if you make the MYOB YourPay app available to your Employees.
6.1 Giving access to Employees
a. 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 Essentials. 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.
b.Responsibility. You are responsible for:
i.ensuring that you enter the correct email address(es) of your Employee(s) to the ‘Employee Details’ screen;
ii.making sure that your Employees protect their MYOB YourPay usernames and passwords;
iii.checking the accuracy of any data entered into MYOB YourPay by your Employees, from within MYOB Essentials; and
iv.regulating your Employees’ access to the MYOB YourPay (for example, by restricting an Employee’s access once they are no longer employed by the Business – see section 6.2 below).
6.2 When an Employee leaves the Business
a. Restricted access rights. When an Employee leaves the Business you can restrict their access to MYOB YourPay so that they can only access their payslips.
b. Downloading payslips. You should arrange for departing Employees to download their payslips prior to leaving the Business, to ensure that they are not affected by any subsequent changes to your MYOB Essentials subscription.
6.3 MYOB YourPay support
a. Contact details. If you or your Employees experience a problem or have a concern regarding MYOB YourPay, our support team will be available to assist you between 8:30am and 5pm Monday to Friday, excluding public holidays. Please contact us using the following methods:
Australia: phone 1300 555 123 or email firstname.lastname@example.org; or
New Zealand: phone 0800 60 96 62 or email email@example.com.
b.Only you can obtain support. Our support team will only respond to communications from you or the nominated User for your MYOB Essentials subscription. Our support team won’t respond to direct communications from your Employees in relation to MYOB YourPay.
7. AVAILABILITY OF MYOB ESSENTIALS
7.1 Disruption. MYOB Essentials may be disrupted during certain periods, including as a result of (directly or indirectly):
a.telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
b.negligent, malicious or wilful acts or omissions of third parties (including the Third Parties);
c.maintenance or repairs carried out by us or any Third Party in respect of any of the systems used in connection with the provision of MYOB Essentials;
d.services provided by Third Parties (including ISP services) ceasing or becoming unavailable; or
e.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 Essentials (or any services provided in connection with MYOB Essentials).
7.2 System maintenance. Where MYOB Essentials is unavailable because of necessary or desirable system maintenance or repairs, we will try to inform you beforehand.
7.3 No liability. Subject to the terms of section 9 below, we are not responsible or liable to you or the Business for any Loss or Claim arising from MYOB Essentials or any part of it being delayed, disrupted or unavailable.
7.4 Keep your own records. In order 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 Customer Data).
8.1 How can you end your MYOB Essentials subscription?
a. By notice. You can terminate your MYOB Essentials subscription by phoning us at least 10 days before the end of the current period of your monthly or annual subscription. To action your termination, please call our Customer Service team directly on 1300 555 151 (Australia) or 0800 60 69 62 (New Zealand) and select “Billing Enquiries” when prompted. The effective date of termination will be the last day of the current month of your subscription.
b. On expiry. Your MYOB Essentials subscription will cease on the effective date of termination. However, during the notice period, you are still liable for any Fees in relation to your use of MYOB Essentials up to the effective date of termination. Refer also to section 8.3 below for other important content about what happens on the effective date of termination.
c. For breach. You may also terminate your MYOB Essentials 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.
8.2 When we can terminate your MYOB Essentials subscription without prior notice
a. Circumstances. These are the situations in which we can terminate your MYOB Essentials subscription without prior notice. We will notify you of your suspension or termination as soon as possible. The situations are:
i. A breach occurs: you fail to remedy a material breach of these Terms within 7 days after we give you notice of the breach.
ii. Something threatens MYOB Essentials:
in our opinion, a change to any Third Party arrangement necessary for MYOB Essentials renders the ongoing operation of MYOB Essentials 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 Essentials substantially unworkable or non-functional; or
we believe this is necessary either to protect the security, integrity or reputation of MYOB Essentials or any MYOB Essentials function, service or facility, or to otherwise protect our interests.
iii.We have concerns about the Business:
we receive notification of a dispute from one or more of the directors or principals of the Business;
you go into liquidation, administration, insolvency, bankruptcy or such other similar arrangement with creditors, or in our opinion, it is reasonably likely you will do so; or
there is a change in who owns or controls the Business.
i.We will notify you in writing (which includes by email) of the suspension or termination.
ii.We can reinstate a termination in our absolute discretion by written notice to you, and this takes effect on receipt or any later time specified in the notice, subject to you meeting any conditions set out in the notice.
iii.If you become aware that a circumstance which would permit us to terminate your MYOB Essentials subscription under section 8.2.a.iii. has arisen or may arise, you must advise us in writing as soon as possible.
8.3 What happens on the effective date of termination?
a. Rights and obligations on termination. On the date of effective termination of your subscription:
i.the licence granted under section 3.5.a terminates;
ii.you must immediately stop using (and ensure that all your Users immediately stop using) MYOB Essentials;
iii.we may continue to store, use and access your Customer Data in accordance with sections 3.4.b, 3.4.g;
iv.y ou will only be able to access, your Customer Data in accordance section 8.3.b; and
v.your use of MYOB YourPay will cease in accordance with section 8.3.c.
b. Limited period for data extraction.
i.You acknowledge and agree that you will have 60 days from the effective date of termination to extract your Customer Data from MYOB Essentials at no charge. After this period, after which time you and other Users (including your Employees and Professional Partner) will have no further guaranteed access to MYOB Essentials or your Customer Data. For access to Customer Data after termination, see section 3.4.h.
ii.We strongly recommend that you extract your Customer Data for compliance and archive purposes as soon as possible following termination of MYOB Essentials. Failure to extract and retain your Customer Data following termination may result in you being unable to comply with your record retention obligations under law (including Tax Laws and ER Laws).
c.If you use MYOB YourPay:
i.Your Employees will no longer be able to submit their timesheet data to you or access their payslips using MYOB YourPay from the effective date of termination.
ii.You will be able to access a report on your Employees’ timesheet data and their pay slips for a period of 60 days following the termination of your MYOB Essentials subscription.
iii.We strongly recommend that you arrange for your Employees to download their payslips from MYOB YourPay prior to terminating your MYOB Essentials subscription.
d.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 Essentials.
9. LIABILITY, WARRANTIES, REPRESENTATIONS AND INDEMNITIES
9.1. No warranty that MYOB Essentials is suitable for your needs
a.MYOB Essentials is a generic service and its capabilities are likely to change over time. This means that MYOB Essentials may not be, or may not remain, suitable for your needs.
b.You must assess the ongoing suitability of MYOB Essentials for you and your Business. We are not aware of your individual business needs and cannot provide any specific recommendations regarding your use of MYOB Essentials.
9.2 Liability for other conditions or warranties
a.To the extent permitted by law (and subject to section 9.2.d if you accept these Terms in Australia), we provide no warranty and make no claim in relation to our performance, the performance of MYOB Essentials, or any service associated with MYOB Essentials.
b.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:
i.the resupply of MYOB Essentials or the service (as applicable); or
ii.the cost of resuppling MYOB Essentials or the service (as applicable), and in any event will be limited to the fullest extent permitted by law.
c.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).
d.If you accept these Terms in Australia, sections 9.2.b and 9.2.c above are not intended to have the effect of excluding, restricting or modifying:
i.the application of all or any of the provisions of the ACL; or
ii.the exercise of a right conferred by such a provision; or
iii.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.
9.3 When we and Third Parties will not be liable to you
We and Third Parties (including, in the case of Bank Feeds, your Data Supplier) are not responsible or liable to you or the Business for:
a.any Loss or Claim relating to the provision of the Customer Data, Bank Feeds Data, Invoice Data, Payroll Data or system data made available through MYOB Essentials, including delays, disruptions, inaccuracies or the loss of data;
b.any Loss or Claim relating to your use of, or reliance upon, the Customer Data, Bank Feeds Data, Invoice Data, Payroll Data or system data provided to you through MYOB Essentials;
c.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 Essentials;
d.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;
e.any Loss or Claim arising from a failure by you or the Business to maintain archive records of your Customer Data; or
f.If you are a user of MYOB YourPay, any Loss or Claim incurred by you in connection with the submission of inaccurate or incomplete timesheet information by your Employees.
9.4 Indemnity to us and Third Parties
a.You indemnify us, our staff, and Third Parties (including, in the case of Bank Feeds, your Data Supplier) (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.
b.If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section 9.4.a above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
10. CHANGES TO TERMS
10.1 What can we do? We may change any of these Terms (including the Fees, which are specifically dealt with in section 3.7.b. above).
10.2 Prior notice. We’ll give you at least 10 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 manner in which you use MYOB Essentials.
10.3 Urgent changes. However if we need to restore or maintain the security of MYOB Essentials immediately, we may change your use and access to MYOB Essentials without advance notice.
10.4 Right of termination. If we make a change to MYOB Essentials or these Terms under sections 10.1. or 10.2 above, then you have the option to terminate your MYOB Essentials subscription under section 8.1.
11.1 Methods. You agree that all communications between you and us in relation to MYOB Essentials will be by email, by in-product notification, or by us posting a notification on the MYOB website (myob.com.au or myob.co.nz), unless another method is agreed to by the addressee.
a.Any notice or other communication to or by a party by email is regarded as being given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee’s email address (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee).
b If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.
11.3 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.
12.1 This is our complete agreement. These Terms and the documents incorporated by reference, including your application for MYOB Essentials and any Fee increases notified to you, contain the whole of the agreement between us and you in relation to MYOB Essentials. Any representations or warranties made by our staff before you are accepted for your MYOB Essentials 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.
12.3 What happens if some of these Terms can’t operate? If any part or provision of these Terms are void, unenforceable or illegal in a jurisdiction, that part or provision 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 Essentials at our election.
12.4 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.
12.5 Assignment. 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.
12.6 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 to these Terms (being you and us). 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 to these Terms (being you and us).
13. YOUR PRIVACY
13.1 Collection, disclosure and use. We collect, hold, disclose and use Personal Information in accordance with these Terms, applicable MYOB Group privacy policies and applicable laws, including to: provide you with the products, services and support you have asked for; respond to your enquiries or feedback; improve the user experience in relation to our products and services; promote our products and services and those of associated third parties; and comply with our legal obligations. We usually collect Personal Information directly from you, however in some cases we may also collect it from other sources such as social media websites or third parties that provide us with marketing leads.
13.2 Disclosure to others. To do these things, we may disclose Personal Information to third parties, such as our related companies or our service providers (including IT and administrative service providers and our professional advisors) in accordance with these Terms, applicable MYOB Group privacy policies and applicable laws. These third parties may be located in Australia, New Zealand, South Africa, the United States or other countries. If you do not provide Personal Information, it may affect our ability to do business with you.
i.opt out or otherwise update your preferences about the marketing and promotional material we send to you;
ii.request access to and seek correction of the Personal Information we hold; and
iii.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
MYOB Australia Pty Ltd,
PO Box 73,
Richmond Victoria 3121.
You can contact us about your privacy by email at email@example.com, or by post at
MYOB NZ Limited,
C/- Quigg Partners,
Level 7, 36 Brandon Street,
13.6 Users. You must ensure that all Users read this ‘Your privacy’ section and the policies described above before using MYOB Essentials or providing their Personal Information to us.
13.7 Notice to individuals. If you provide any Personal Information about third party individuals to us, you must ensure that those individuals are aware of the matters in this ‘Your Privacy’ section and that we may collect, use and disclose their information to provide you with MYOB Essentials in the manner contemplated in these Terms, applicable MYOB Group privacy policies and as otherwise may be required by applicable laws.
Last updated July 2020.
MYOB Essentials and the MYOB Essentials logo are trade marks of MYOB Technology Pty Ltd.