MYOB Acumatica Product Terms

MYOB Advanced has been renamed MYOB Acumatica. As we transition to MYOB Acumatica, you might notice both names being used interchangeably in the product interface, on our website, and within our documentation.

The MYOB Advanced Product Terms are now called the MYOB Acumatica Product Terms.

MYOB Acumatica Product Terms of Use

For direct customers of MYOB, these MYOB Acumatica Product Terms of Use (Product Terms) apply in addition to the MYOB Master Service Agreement. You should read these Products Terms in conjunction with the Master Service Agreement and your Order Form.

The Master Service Agreement covers key issues such as

• our right to change these Product terms and your related right to terminate your services in certain circumstances;

• confidentiality, data security, data ownership, data use and privacy;

• warranties and liability, including where the Australian Consumer Law applies and circumstances where we are not liable to you; and

• termination rights and processes.

These Product Terms apply to your MYOB Acumatica service.

1. Definitions

The definitions and rules of interpretation in the Master Service Agreement apply in these MYOB Acumatica Product Terms. In addition:

Health Records has the meaning given to it in the Health Records Act 2001 (Cth).

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

MYOB Acumatica Partner means a third party accredited by us to provide implementation and support services for MYOB Acumatica.

2. Use and Availability of MYOB Acumatica

Each MYOB Acumatica service must have a minimum of 1 full User.

You need internet access to use MYOB Acumatica. You are responsible for getting and keeping internet access that is compatible with MYOB Acumatica including browser software versions that are compatible with MYOB Acumatica as published by us 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.

We will use reasonable endeavours to meet the service levels for MYOB Acumatica (formerly MYOB Advanced) as set out in: myob.com.au/myob_advanced/servicelevels

3. MYOB Acumatica Upgrades

For you to get the best out of MYOB Acumatica, and to enable us to provide you with the best support and resources possible, it is important that you always operate a current version of MYOB Acumatica (formerly MYOB Advanced). For more details about the MYOB Acumatica upgrade process, visit myob.com.au/myob_advanced/upgradeprocess

4. Giving other parties access to your MYOB Acumatica service

You can give other people (such as an MYOB Acumatica Partner and your Affiliates) access to your MYOB Acumatica service as Users, so long as you have enough licences of the right type.

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

Where you give an Affiliate access to your MYOB Acumatica service as Users, you are responsible for how they use MYOB Acumatica. Any data owned or supplied by these Users and uploaded or generated in your MYOB Acumatica service is “Customer Data” for the purposes of the Master Service Agreement.

5. MYOB Acumatica functionality related to your employees

From time to time, MYOB Acumatica may offer “modern award interpretation” or other Industrial Relations Laws related features. Nothing in those features, nor within MYOB Acumatica generally, constitutes professional or financial advice. It is your responsibility to ensure that you comply with Industrial Relations Laws.

MYOB Acumatica 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 or Personal Information, you have complied with all Applicable 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 us within MYOB Acumatica on your behalf.

You agree to protect MYOB from any harm or loss that may result from the storage of Health Records by MYOB on your behalf. This includes paying for any costs, liability, damages or expenses (including legal costs) that MYOB may face because of any claim, action or proceeding in direct connection with the storage of Health Records by MYOB on your behalf. Your liability under this section 5 is subject to the liability cap, exclusion of consequential loss liability and proportionate liability clauses in the Master Service Agreement.

6. Third Party services and applications

You may, as part of your implementation of MYOB Acumatica, separately engage the services of Third Party service provider such as an MYOB Acumatica Partner. These services are supplied independently of us.

Some applications or services developed by Third Parties can be used in conjunction with MYOB Acumatica. Unless otherwise required by law, we are not responsible for such applications that you may obtain or connect to MYOB Acumatica. If you install or enable a Third Party application for use with MYOB Acumatica, you consent to us allowing the Third Party application to access your Customer Data as required to enable MYOB Acumatica and the Third Party application to operate together. Any exchange of data or other interaction between you and a Third Party provider is solely between you and them.

7. MYOB Acumatica Inclusions

Resource and capacity inclusions

Storage space consumption is calculated as the total volume of all data including database, documents, attachments and database snapshots for the service.

Campaign emails are those sent via the mass email functions of marketing campaigns in MYOB Acumatica.

Campaign emails must be used in the subscription month purchased. Unused emails do not rollover.

The total company count includes all active companies within an MYOB Acumatica service.

Customer portal access licence totals are cumulative across active companies in an MYOB Acumatica service.

8. MYOB Acumatica Fees

If you authorise any additions to your Subscription Services, the difference in Fees between the existing and upgraded Subscription Services will be debited on a pro-rata basis for the remainder of your monthly billing period. Your Subscription Services Fee will be increased to reflect your upgrade in the next monthly billing period;

If you authorise a downgrade of your Subscription Services, your Fees will be decreased in the next monthly billing period. Please note that during the Minimum Term, your monthly Subscription Services Fees cannot be decreased below the amount that you agreed to pay on your Start Date.

If you exceed the level of inclusions that you’ve paid for as part of your Subscription Services, MYOB will charge you for that excess at our nominated overuse rate in your next monthly billing period (rate may change from time to time and be viewed on our website). You may:

• elect to upgrade your Subscription Services to increase the level of inclusions that you are entitled to; or

• stop exceeding the level of inclusions prescribed under your current Subscription Services.

MYOB Acumatica People Payroll licensing is calculated on the total number of employees being paid across all companies and pay frequencies. Over usage fee is charged for each employee that exceeds the allowable limit. Please refer to our website for current rates.

Updated October 2023