Terms for Purchasing Online with MYOB in New Zealand

The following terms and conditions relate to your Credit Card direct debit authority and sets out your rights, our commitment to you, your responsibilities to us and where you should go for assistance. These terms and conditions are in addition to the terms and conditions of any existing contract\s with MYOB NZ Limited or the terms and conditions associated with the products and services that relate to your direct debit authority.

1. About these Terms and Conditions

Please review the following terms and conditions carefully as they are set out your rights and obligations relating to the MYOB products and services that are available for online purchase via the MYOB website.

In these terms and conditions “we” and “us” mean MYOB NZ Limited Company Number 902338 of Level 2, 5 Sir William Pickering Drive, Burnside, Christchurch 8053 in New Zealand.

Also attached, are the Direct Debit authority terms, that apply when purchasing subscription based membership services with recurring payments from Bank Accounts or Credit Cards.

Your placement of an online Order on the MYOB website constitutes your agreement that these terms and conditions apply to the Order, so be certain you understand them before you place your Order. These terms and conditions, together with your Order and the End User Licence Agreement (EULA) applicable to any software product you have purchased, constitute the entire Contract between us and you. No other terms and conditions will apply. The Contract cannot be varied unless we and you agree to vary it in writing or by email.

These terms and conditions are subject to change at any time.

2. MYOB Software

All Software is licensed to you on the terms and conditions contained in the EULA applicable to the specific product you have purchased. The EULA is shipped with the Software. If you receive or download the Software and do not agree to the terms and conditions contained in the license agreement, please contact us to arrange for the Software to be deactivated and a refund to be processed.

3. MYOB businesSUPPORT Terms and Conditions

The following terms and conditions apply to all online purchases that include a pricing, support services and availability are subject to change.

3.1 General: A MYOB businesSUPPORT membership can be purchased for any of the AccountRight range of products, Cashbook, AccountEdge and Payroll. MYOB businesSUPPORT provides a range of exclusive benefits and discounts including free software updates and access to MYOB Technical Support.

MYOB businesSUPPORT entitlements only apply to the specific MYOB product serial number for which the membership has been purchased. All benefits provided as part of a businesSUPPORT membership are only available while there is an active, paid up membership in place.

MYOB businesSUPPORT can be purchased as either an annual prepaid membership or as a subscription based membership with a recurring payment plan.

3.2 Annual Prepaid Memberships: An annual prepaid MYOB businesSUPPORT membership will commence from the date of purchase and continue for a full 12 month period, expiring on the same day of the month in 12 months time. Once a membership has commenced it cannot be cancelled and refunds are not provided.

We will provide you with a renewal reminder notice prior to the expiry date of your membership.  If you renew your membership, by paying the renewal fee prior to or up to 30 days after the expiry date, you will maintain continuity of your membership benefits and your annual renewal date will remain unchanged.

If you do not renew your membership within 30 days of the expiry date, you will lose continuity of benefits and will be required to commence a new MYOB businesSUPPORT membership.

3.3 Subscription Based Memberships: A subscription based MYOB businesSUPPORT membership will commence from the date of purchase and will continue until you notify us in writing that you wish to cancel your subscription based membership.

MYOB businesSUPPORT subscription based memberships are for a minimum period of 12 months. If you wish to cancel your subscription based membership before the end of the initial 12 month period you are still required to pay the balance outstanding for the remainder of the 12 month period.

MYOB businesSUPPORT subscription based memberships may be cancelled after the initial 12 month period, by advising us at least 14 days prior to the next scheduled monthly, quarterly or annual recurring payment. Once a recurring payment has been processed we are unable to provide a refund. To cancel your subscription based membership you should contact MYOB Customer Service via email at sales@myob.co.nz or by phone on 0800 60 69 62.

Recurring payments for MYOB businesSUPPORT subscription based memberships are processed as follows:

• Monthly Subscriptions – on the first working day of each month.
• Quarterly Subscriptions – on the first working day of January, April, July and October.
• Annual Subscriptions – on the first working day of the month in which the annual subscription membership originally commenced.

The first payment for your subscription membership will be pro-rated for the remaining days prior to the next recurring payment due date as shown above. See below for a further explanation:

• Monthly Subscriptions - the full monthly payment will be pro-rated for the remaining days in the current month.  Subsequent recurring payments will then be processed on the first working day of the following month. For example, if you purchase your subscription on the 10th of April, your first payment will cover the remaining 20 days of the month. The next payment will be processed on the 1st May for the full monthly amount and then monthly thereafter.
• Quarterly Subscriptions – the full quarterly payment will be pro-rated for the remaining days in the current quarterly period.  Subsequent payments will then be processed on the 1st day of the next quarterly period in either January, April, July or September.  For example, if you purchase your subscription on the 10th April, your first payment will cover the remaining 20 days of April plus May and June. The next payment will be processed on the 1st July for the full quarterly amount and then quarterly thereafter.
• Annual Subscriptions – the full annual payment will be pro-rated for the remaining days in the current month plus the next 11 months. Subsequent payments will be processed on the 1st day of the next annual period. For example, if you purchase your subscription on the 10th of April, your first payment will cover the 20 days in April plus May through to March. The next payment will be processed on the 1st April for the full annual amount and annually thereafter.

Prices for MYOB businesSUPPORT subscription based memberships are subject to change at any time after the initial 12 month period. We will provide you 30 days advance notice of any pricing changes and your date specified in the notice.

In the event that there is a default with any of your recurring payments your membership entitlements will be suspended until payment is made. If outstanding payments are not brought up to date in an acceptable time period, your membership will be cancelled.

MYOB businesSUPPORT subscription based memberships are also subject to the Paperless Direct Debit Authority terms if recurring payments are being debited from a Bank Account or the Credit Card Direct Debit Terms and Conditions if recurring payments are being debited from a Credit Card.

3.4 MYOB Technical Support: MYOB businesSUPPORT provides an entitlement to Technical Support for your product and can be accessed via telephone, email or LiveChat.  This entitlement will be available as long as you have an active MYOB businesSUPPORT membership for your specific product serial number and all recurring payments for subscription based memberships are up to date.

For telephone based support we reserve the right to limit each telephone call to half an hour and to limit each call to a single support request or question. We may also limit or terminate telephone support entitlements if you use the service in an excessive, abusive or fraudulent manner.

Availability of Technical Support services may deviate from published support hours due to downtime for systems and server maintenance and observed Australian or New Zealand public holidays. You may also experience longer than expected delays in having one of our technical support consultants’ answer your query.  As technical support demands fluctuate, especially during the end of tax year period, so too will response times.

Technical Support enquiries are limited to the following areas: installation, upgrade assistance, basic usability and functionality, as described in the relevant product user guides and related documentation. We are unable to provide assistance with general accounting or taxation advice, or application consulting or training on how to use your MYOB product. The determination of the nature of your query for these purposes will be made by our technical support consultants.

Additionally, we do not claim to be able to resolve technical issues that  are specific to your local hardware or operating environment, including networking or connectivity problems, integration with third-party products or service providers.

3.5 Software Upgrades: For all MYOB software products MYOB businesSUPPORT membership includes an entitlement to software upgrades without charge.

Software  upgrades will be made available provided you have an active MYOB businesSUPPORT membership for the specific product serial number and all recurring payments for subscription based memberships are up to date.

For subscription based memberships, if we provide you with a software upgrade within your initial 12 month term and there is a subsequent default with your recurring payments with more than 3 months remaining in that minimum term, and your membership is cancelled by us, we reserve the right to request that the software upgrade be returned and your software reverted back to the previous version.

MYOB makes no commitment to release new software updates and there are no scheduled dates for compliance updates or new feature releases. Software upgrades, when released, will generally be available as a download via your product or from the MYOB web site. Should you require a disk copy to be sent a shipping and handling fee will be charged.

4. MYOB Training Terms and Conditions

The following terms and conditions apply to all online purchases that include a classroom training course, seminar, online seminar or online training.

4.1 Definitions: ‘Business day’ means a day except a Saturday, Sunday or public holiday in New Zealand.

‘Course’ refers to training and events provided by MYOB. They include classroom training, seminars, workshops, online seminars and self-paced learning.

‘Credit’ refers to monies left on file to the credit of the client which is available as payment, or part payment, for future courses, products and services. Credits are valid for a period of 12 months from date of issue, after which time they will expire. They are valid as payment, or part payment, for purchasing further courses, products and services.

‘Refund’ refers to return of monies paid in advance for a course booking.

4.2 Booking Payment and Confirmation: Course prices are subject to change without notice and will be confirmed at the time of booking, prior to payment being processed. Quoted prices include GST.

Discounts on course fees can only be claimed at the time of booking, prior to payment being made. Discounts will not be offered retrospectively. Multiple discounts cannot be applied to the same transaction.

Bookings will only be confirmed upon receipt of full payment of Course fees. A booking confirmation and tax invoice will be emailed after full payment has been received by MYOB. Please contact us if you have not received your booking confirmation and tax invoice within one  business day of making payment.

4.3 Course Pre-requisites: It is important that you fully satisfy any specified pre-requisites prior to undertaking the training, as time is not allocated to covering assumed knowledge during the course.

4.4 Booking Cancellations and Transfers: The following policy applies for all booking cancellation requests received by us that involve Classroom Training, Seminars, or Online Seminars:

• 10 or more Business days notice before the course - full Refund provided.
• 5 to 9 Business days notice before the course - Credit is provided for full cost of the original course.
• 1 to 4 business days notice before the course – Credit is provided for 50% of the original course cost.
• No Refund or Credit is available if notice of cancellation is received on the day of the course or for non-attendance.
• The following policy applies for all booking transfer requests received by us that involve Classroom Training, Seminars, or Online Seminars:
• 5 or more business days notice before the course – transfer to an alternative course is allowed with no administration fee charged.
• 1 to 4 business days notice before the course - 50% of the original course price will be credited towards the cost of the alternative course booking.
• No Refund or Credit is available if the transfer request is received on the day of the course or for non-attendance.

Transferring bookings from one person to another is permitted provided you have advised us prior to the commencement of the course and we have acknowledged receipt of that advice. For online training you must notify MYOB within 30 days of purchase, and prior to logging in.

4.5 Online Training: The following policies apply for all Online Training:

• Refunds, Credits or booking transfers of attendees are not available once you have logged into the online training.
• Sharing of user names and passwords is strictly prohibited. MYOB reserves the right to immediately terminate access to online training if it reasonably believes that more than one user is accessing the online training using the same login details.
• Purchase of online training allows the purchaser (an individual) access to the online training for a period of not longer than six months, calculated from the date of enrolment. Login details are sent separately one business day following the purchase.

4.6 Course Cancellations by MYOB: MYOB reserves the right to cancel, in its sole discretion, any particular course. In the event a specific course is cancelled, participants will be contacted by us to arrange a transfer to an alternative course date. Alternatively, a full Refund of the course cost is available upon request.

MYOB assumes no responsibility for non refundable airline-tickets, accommodation, deposits, or any other expenses incurred due to course cancellations.

4.7 MYOB Training Guarantee: The MYOB Training Guarantee is our upfront commitment to you that you’ll be comfortable with what you learn in our classes. If you don’t feel that you’ve grasped the concepts and can put the training into practice, we invite you to repeat the same course within a three-month period absolutely free of charge.

The MYOB Training Guarantee is subject to the following terms and conditions:

• Guarantee offer is only made to the original person attending a MYOB classroom training course and is not transferable.

4.8 Copyright: MYOB training material, including online training, self-paced or classroom training manuals, and training exercises, are protected by copyright, and cannot be used by you, or any other party, without express permission from us.

5. Direct Debits From Bank Accounts and Credit Cards

Direct Debit transactions from Bank Accounts and Credit Cards made in respect to MYOB products and services are governed by the attached Paperless Direct Debit Authority terms and the Online Credit Card Direct Debit Terms and Conditions.

6. Limitation of Liability

In no event shall MYOB NZ Limited be liable for any special, indirect, or consequential damages whatsoever resulting from the loss of use, data, or profits, whether in action of contract, negligence, or other action, arising out of or in connection with the use or performance of the products or services purchased online from us.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. In the event that any of the above limitations or exclusions are held to be unenforceable, MYOB Australia Pty Ltd’s total liability shall not exceed the amount of the fee you have paid.

7.  MYOB Limited Group Privacy Statement

All information provided to us is completely confidential and protected by the MYOB privacy policy which can be viewed at myob.com/nz/privacy-policy

Paperless Direct Debit Authority

These terms and conditions are in addition to the terms and conditions of any existing contracts with MYOB NZ Limited or the terms and conditions associated with the products and services that relate to your paperless direct debit authority.

By selecting the Direct Debit from Bank Account payment method you, the Customer, are authorising MYOB NZ Limited to debit funds from the bank account nominated, all amounts which MYOB NZ Limited (hereafter referred to as the Initiator) initiate by Direct Debit.

The Customer and Initiator acknowledge and accept that the Bank accepts this paperless instruction/authorities only upon the conditions listed below.

CONDITIONS OF INSTRUCTION TO ACCEPT PAPERLESS DIRECT DEBITS

1. The Initiator:

(a)   Has agreed to send notice of the net amount of each Direct Debit no later than the day the     Direct     Debit is initiated. This notice will be provided either:

(i)   in writing; or

(ii)  by electronic mail where the Customer has provided prior consent to the Initiator.

The notice will include the following message:- “The amount of $......., was/will be (as applicable to your arrangement) Direct Debited to your Bank Account on (initiating Date).”

(b)   May, upon the relationship which gave rise to this instruction being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the instruction. Upon receipt of such notice the Bank may terminate this instruction as to future payments by notice in writing to me/us.

2. The Customer may:

(a)   At any time, terminate this instruction as to future payments by giving written noticed of termination to the Bank and to the Initiator.

(b)   Stop payment of any Direct Debit to be initiated under this instruction by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.

(c)   Where a variation to the amount agreed between the Initiator and the Customer from time to time to be direct debited has been made without notice being given in terms of 1(a) above, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alternation of the Direct Debit back to the Initiator through the Initiator’s Banks, PROVIDED such  request is made not more than 120 days from the date when the Direct Debit was debited to my/our account.

(d)   Request the Bank to reverse any Direct Debits initiated by the Initiator under the Instructions by debiting the amount of the Direct Debits back to the Initiator through the Initiator’s Bank where the Initiator cannot produce a copy of the Instructions and/or Confirmation to me/us that I/we are reasonably satisfied demonstrate that I/we have authorised my/our bank to accept Direct Debits from the Initiator against my/our account PROVIDED the request is made not more than 9 months from the date when the first Direct Debit was debited to my/our account by the Initiator under the Instructions.

3. The Customer  acknowledges that:

(a)   This instruction will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this instruction until actual notice of such event is received by the Bank.

(b)   In any event this instruction is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to me/our account.

(c)   Any dispute as to the correctness or validity of any amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this instruction. Any other disputes lie between me/us and the Initiator.

(d)   Where the Bank has used reasonable care and skill in acting in accordance with this authority, the Bank accepts no responsibility or liability in respect of:

–   the accuracy of information about Direct Debits on Bank statements

–   any variations between notices given by the Initiator and the amounts of the Direct Debits.

(e)   The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to given written advanced noticed correctly nor for the non-receipt or late receipt by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.

(f)   Notice given by the Initiator in terms of clause 1(a) to the debtor responsible for the payment shall be effective. Any communication necessary because the debtor responsible for payment is a person other than me/us is a matter between me/us and the debtor concerned.

4. The Bank may:

(a)   In its absolute discretion conclusively determine the order of priority payment by it of any monies pursuant to this or any other instruction, cheque or draft properly executed by me/us and given to or drawn on the Bank.

(b)   At any time terminate this instruction as to future payments by notice in writing to me/us.

(c)   Charge its current fees for this service in force from time to time.

Online Credit Card Direct Debit Terms and Conditions

The following terms and conditions relate to your Credit Card direct debit authority and sets out your rights, our commitment to you, your responsibilities to us and where you should go for assistance. These terms and conditions are in addition to the terms and conditions of any existing contract\s with MYOB NZ Limited or the terms and conditions associated with the products and services that relate to your direct debit authority.

1. By selecting the Direct Debit from Credit Card payment method you:

• Acknowledge that you are authorised to establish this direct debit authority.
• Understand and accept your commitments and responsibilities under the credit card direct debit terms and conditions set out below.
• Authorise MYOB NZ Limited to charge your nominated Credit Card for both Periodic Payments for all contracts and/or products and services with recurring charges; and One Off Payments where Credit Card has been selected as the payment method.

2. MYOB NZ Limited will arrange for funds to be debited from your nominated Credit Card, as authorised by you, on the direct debit date shown on your invoices.

3.  A tax invoice confirming the amount of the payment will be issued to you within 1-3 working days of:

• Periodic Payments - the start of a month in which a payment will be made by you.
• One Off Payments – your order being accepted and processed.

4. MYOB will advise of any changes to the direct debit arrangements at least 14 days in advance.

5. It is your responsibility to ensure that you have sufficient funds available to cover your payments and that your Credit Card details are correct.

6. In the event that a payment is declined we will make up to two (2) further attempts to process the payment, 3 days after the first or subsequent attempt.

7. Should a payment default MYOB will notify you by email and, it is your responsibility to organise an alternative payment which should be received by MYOB within five (5) working days of the original due date.

8. Should a response not be received within the 5 working days allowed, MYOB NZ Limited may list your payment default with Veda Advantage (CRAA). Defaults are listed for a period of five (5) years and may have an adverse effect on your credit rating.

9. MYOB may suspend your account, subscription or membership until any outstanding payments have been made.

10. You may incur fees or charges imposed by MYOB to cover administration fees for the collection of any defaulting payment under this agreement.

11. If you believe that there has been an error in debiting your Credit Card you should immediately contact the MYOB Accounts Department by phone on 03 983 2660 or via email at accounts@myob.com so that we can resolve your query promptly.

12. If MYOB concludes, as a result of our investigations, that your Credit Card has been incorrectly debited, MYOB will advise you and arrange a refund of the amount due to you. If MYOB concludes that your Credit Card has been debited correctly, we will advise you and provide evidence of our finding.

13. If you wish to defer or alter any payment arrangements, stop an individual payment item or cancel a payment authority please contact the MYOB Accounts Department by phone on 03 983 2660 or via email at accounts@myob.com

14. Confidentiality - all information provided to MYOB is confidential and protected by the MYOB privacy policy. The policy can be viewed at http://myob.co.nz/privacy . However, you acknowledge and agree that we will need to provide information to our financial institution to initiate or alter payment arrangements from your Credit Card or to investigate an alleged incorrect or wrongful payment.

15. This Authority permits MYOB to change the amount debited from your Credit Card, with at least 14 days notice, to reflect any change to prices for the products and/or services that relate to your direct debit authority. It also permits MYOB to change the amount debited or charged to cover any increases in amounts payable arising from the purchase of additional products by you from time to time, with at least 14 days notice.