1. About these Terms
These are the terms and conditions for our supply of MYOB Essentials to you, including our obligations to each other, if you are a Client or a Professional Partner using Essentials Cashbook (Terms).
If you are subscribed to any other MYOB Essentials modules, including Essentials Accounting, please refer to the Terms of Use for those modules.
These Terms do not exclude, restrict or modify:
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);
the exercise of any right or remedy conferred by the ACL; or
the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:
a. contravene the ACL; or
b. cause any part of these Terms to be void.
Definitions
Some words in these Terms have particular meanings:
Bank means a financial institution(s).
Bank Feeds means the service which enables you to electronically receive daily or monthly updates of bank account transaction details for nominated Bank accounts, including business accounts and credit cards.
BankLink means Media Transfer Services Limited trading as MYOB BankLink.
Bank Statement Information means the transaction information relating to any account linked to Bank Feeds, which is available for you to access as part of MYOB Essentials.
Business Day means a week day, except for:
a national public holiday;
a day on which banks in Victoria or New South Wales are generally closed; or
a public holiday in Victoria.
Client means the person or business for which a Professional Partner sets up a Client Cashbook, and who the Professional Partner may authorise to access that Client Cashbook in MYOB Essentials. A Client may include, but is not limited to, sole traders, partnerships, companies and trusts.
Client Cashbook means a cashbook set up by a Professional Partner for a particular Client.
Essentials Cashbook means the cashbook module of MYOB Essentials, also known as MYOB Essentials Cashbook.
Fees means the fees and charges relating to the provision of MYOB Essentials.
Free Period means the first 30 days following your creation of a Client Cashbook, which you will receive free of charge subjection to section 3.3.c.
Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic losses.
MYOB Essentials means any of the services, facilities or functionality which form part of MYOB Essentials and which we make available to you from time to time. This includes Essentials Cashbook and Bank Feeds.
Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
Privacy Act means the Privacy Act 1988 (Cth) as updated, amended or replaced from time to time.
Professional Partner means a person or entity that provides bookkeeping, accounting or similar services to a Client, and which subscribes to MYOB Essentials.
Sales and Service Agreement means the terms of payment for Professional Partners who operate accounting firms in Australia.
Third Party means any person we have contracted with to help us provide MYOB Essentials. This includes BankLink and all other service providers engaged by us for the delivery, maintenance and administration of MYOB Essentials. In the case of Bank Feeds, any Bank that is authorised to provide Bank Statement Information to us via BankLink is also a Third Party under these Terms.
User means a person authorised to use a Client Cashbook in MYOB Essentials, including a Professional Partner and a Client. MYOB Essentials is a multi-user system.
We, us and our means MYOB Australia Pty Ltd ACN 086 760 198.
You means the Client, the Professional Partner, or both where applicable.
2. General Terms for all Users
This section applies to you if you are a User of MYOB Essentials, whether you are a Professional Partner or a Client.
2.1 Protecting your username and password
a. Unless you take adequate security precautions, it could be possible for an unauthorised person to gain access to MYOB Essentials. It is important to take all reasonable precautions to ensure that your username and password are not misused, and remain secure and confidential. In particular:
1. you must not tell anyone your username or password, including any member of your family;
2. you must not let anyone else, whether acting as your agent or not, access MYOB Essentials using your username and password; and
3. you must be extra careful when accessing MYOB Essentials from public computers.
b. If you think anyone else might know your password you should reset your password from within MYOB Essentials, or contact us as soon as possible to arrange a new password.
c. You agree to be liable if your login details are used by an unauthorised person.
2.2 Other responsibilities you have as a User
a. No interference with MYOB Essentials – You will not:
1. interfere with the operation of MYOB Essentials or overload the system;
2. reverse-engineer, reverse-assemble, decompile, or otherwise attempt to discover source code, formulas or processes in respect of the software behind MYOB Essentials; or
3. copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from MYOB Essentials except where we have given you permission.
b. Cooperation and limited authority in relation to Third Parties – You:
1. must do all things we consider appropriate to enable us to fulfil our obligations to Third Parties in relation to MYOB Essentials; and
2. authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB Essentials, to enable us to provide MYOB Essentials to you.
2.3 Use of MYOB Essentials and our intellectual property
a. What you can do – until your use of MYOB Essentials is terminated, you have a non-exclusive and non-transferable licence to use MYOB Essentials in the way that we authorise from time to time.
b. We retain our intellectual property rights – except where specifically set out in these Terms, these Terms do not give you any intellectual property or other rights in any of our:
1. software, documents, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or
2. other intellectual property, and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify these intellectual property rights
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.
2.4 Availability of MYOB Essentials
a. MYOB Essentials could be disrupted if systems failure occurs due to technology used by either us or Third Parties involved in providing MYOB Essentials. Delayed receipt of Bank Statement Information could result in transactions not being available on a particular day.
b. MYOB Essentials may also be unavailable for short periods because of necessary or desirable system maintenance or upgrades. If this is needed, we will try to inform you beforehand.
c. Subject to the terms of section 2.5 below, we are not responsible or liable to you for any Loss or Claim arising from MYOB Essentials or any part of it being delayed, disrupted or unavailable.
d. In order to maximise your business continuity and make it easier to comply with your record retention obligations, we encourage you to take steps to archive your business and financial records. This includes your invoices and receipts, and your business reports.
2.5 Liability, warranties, representations and indemnities
Subject to section 1 and to the extent permitted by law:
a. No warranty that MYOB Essentials is suitable for your needs -
1. 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.
2. 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.
b. Liability for other conditions or warranties - Apart from any condition or warranty that is expressly required by law, we provide no warranty and make no claim in relation to our performance, the performance of MYOB Essentials (including any Client Cashbook), or any service associated with MYOB Essentials. In the event of any breach of a statutory condition or warranty, if the legislation permits, our liability is limited to:
1. the resupply of MYOB Essentials or the service (as applicable); or
2. the cost of resupply of MYOB Essentials or the service (as applicable), and in any event will be limited to the fullest extent permitted by law.
c. When we and Third Parties will not be liable to you - We and Third Parties (including BankLink and, in the case of Bank Feeds, the Bank) are not responsible or liable to you or your business for:
1. any Loss or Claim relating to the provision of the Bank Statement Information or system data made available through MYOB Essentials, including delays, disruptions, inaccuracies or the loss of data;
2. any Loss or Claim relating to your use of, or reliance upon, the Bank Statement Information or system data provided to you through MYOB Essentials;
3. the actions or inaction of Third Parties or other persons (including those which may be negligent or unauthorised) relating to MYOB Essentials;
4. 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; or
5. any Loss or Claim arising from a failure by you or any User to maintain archive records of your data.
d. Indemnity to us and Third Parties -
1. You indemnify us, our staff, and Third Parties (including BankLink and, in the case of Bank Feeds, your Bank)) (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your actions including 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.
2. If the Indemnified Party caused or contributed to a Loss or Claim, then your liability under section 2.5.d.2 above is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
3. Professional Partners
This section only applies to you if you are a Professional Partner using MYOB Essentials. If you are a Client, please refer to section 4.
3.1 Giving Access to other Users
a. You can authorise other people to have access to Client Cashbooks in MYOB Essentials as Users. This includes allowing Clients to access Client Cashbooks relating to them.
b. Subject to the access rights you grant in respect of a particular Client Cashbook, authorised Users will be able to view and modify the data in the Client Cashbook. Their use of MYOB Essentials is subject to these Terms, so we suggest that you provide them with a copy. You are responsible for their use of MYOB Essentials. You can stop their access by removing them from your User list within MYOB Essentials or by contacting us.
c. Change of details – You must let us know of any changes to your details which you have provided to us in relation to MYOB Essentials, and provide any proof of the change we require.
3.2 Bank Feeds
BankLink is the provider of Bank Feeds for MYOB Essentials. Bank Feeds works by BankLink receiving and forwarding Bank Statement Information from a Client’s nominated Bank accounts to us. The following terms and conditions apply only to the use of Bank Feeds:
a. Access to Bank Statement Information: The Client must register for Bank Feeds. By registering for Bank Feeds the Client is giving their Bank permission to provide us and you with Bank Statement Information, via BankLink, for all nominated Bank accounts that have been linked to Bank Feeds. The Client may also be required to provide their Bank with a hard copy authority form as additional evidence of consent to Bank Feeds, depending on the Bank’s practices.
b. Bank Accounts - Bank Feeds may only be used for Bank accounts attached to the Client.
c. Important points about the Bank – the Client’s Bank:
1. will be paid a commission by BankLink for providing Bank Statement Information to you and us;
2. is under no obligation to provide the Bank Statement Information. It can stop doing so at any time without notice to you, us, the Client or BankLink; and
3. is not a party to any agency, partnership, joint venture or other type of similar relationship with BankLink, and is not responsible for the actions of BankLink, us or any other Third Party.
d. How you can end your participation in Bank Feeds -
1. If you wish to cancel Bank Feeds in relation to a particular Client Cashbook, but continue to use MYOB Essentials as a service, you must advise us or the Client’s Bank in writing. Please allow a minimum of 14 days for the Bank to give effect to your request for cancellation.
2. When you terminate your subscription to a Client Cashbook, you will no longer receive Bank Feeds for that Client Cashbook. See section 3.6 for more information on terminating a Client Cashbook.
e. When the Bank or BankLink can cancel Bank Feeds – the Bank or BankLink can cancel the Client’s Bank Feeds authority, for any reason. In the event of a cancellation by BankLink, we will be provided no less than 7 days’ notice.
f. When the Client can cancel Bank Feeds – the Client can cancel their Bank Feeds at any time, for any reason, by giving us no less than 7 days’ notice.
g. Fees - if the Bank charges the Client directly for fees in connection with the nominated account and your use of the Bank Feeds in relation to that account, the Client is responsible for and must pay those fees. If the Client doesn’t do this, we may not be able to provide the Bank Feeds to you.
h. Fair Use Policy for Bank Feeds - Although we do not currently apply a fee on the number of bank statement transactions received through Bank Feeds, you acknowledge and agree that we may, in our sole discretion, apply a fee for excess transactions at any time. Without limiting our rights under this clause, we reserve the right to charge for transactions if the total number of transactions in a month exceeds 100, at a rate not greater than $0.11 per transaction (including GST) in excess of 100 transactions.
3.3 30 day free period for each new Client Cashbook
a. Subject to section 3.3.c, you will have use of a Client Cashbook for the Free Period. You can terminate a Client Cashbook at any time during the Free Period by advising us in writing.
b. We will begin charging you a Fee for the Client Cashbook following the end of the Free Period. See section 3.5 below for more details on Fees for MYOB Essentials and section 3.6 for information on what happens to following termination.
c. The Free Period does not apply to Client Cashbooks if you are converting to MYOB Essentials from another MYOB or BankLink product.
3.4 Payment of Fees and Credit Card/Debit Authority
This section does not apply to you if you have existing payment terms with us. Please refer to our Sales and Services Agreement for more details on how to pay for MYOB Essentials.
a. MYOB Essentials is a subscription service. You will be charged a Fee for each Client Cashbook that you subscribe to.
b. You must pay us all Fees due to us in relation to your use of MYOB Essentials, on the due date. Fees are published on the MYOB website (myob.com).
c. By giving you at least 20 Business Days’ notice before the change takes effect, we may:
1. change the amount of any Fee and introduce a new Fee; and
2. change the circumstances in which, or frequency with which, a Fee is payable.
d. Section 5.2 tells you about the ways in which we can give you notice. You authorise us to deduct monthly instalments and any other Fees payable to us in respect of your use of MYOB Essentials. You give us this authority by providing us with your credit card or direct debit details.
e. Invoicing of Fees will ordinarily occur on the 1st 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 tax invoice detailing the Fees that have been debited.
f. The first payment will be pro-rated according to the end of the Free Period for the appropriate number of days till the end of that month.
g. It is your responsibility to ensure you have sufficient credit or funds available to cover your monthly payment and that your payment details are current and correct.
h. If the debit to your card or account is declined, we will advise you by email of the decline and you will be allowed 14 days to respond. Where the fees remain unpaid, we may suspend or terminate your use of MYOB Essentials.
i. If you believe there has been an error in debiting your credit card or bank account, you should notify us immediately at accounts@myob.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.
3.5 Goods and services tax (GST) and duties
a. All payments due to us (eg. Fees, reimbursement by you to us of any amounts or 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 (eg. stamp duty, other government charges or financial institution account fees) payable in relation to your participation in MYOB Essentials. If we have paid them, they must be reimbursed by you on our request.
3.6 Termination
a. How can you terminate a subscription to a Client Cashbook or end your participation in MYOB Essentials Cashbook?
1. You can terminate a particular Client Cashbook after the Free Period by giving us written notice of at least:
i. 30 days before the end of the current month of your subscription if you have existing payment terms with us (under the Sales and Services Agreement; or
ii. 20 days before the end of the current month of your subscription in all other circumstances.
2. You can end your participation in MYOB Essentials as a service by following the same process outlined in section 3.6.a.1 above.
3. Your use of the Client Cashbook or ability to access MYOB Essentials as a service (whichever is applicable) will cease on the effective date of termination. However, during the notice period, you are still liable for any applicable Fees up to the effective date of termination. Refer also to section 3.7 below for other important content about what happens on the effective date of termination.
b. When we can terminate your participation in MYOB Essentials without prior notice
1. Circumstances – These are the situations in which we can terminate your participation in MYOB Essentials without prior notice. We will notify you of your suspension or termination as soon as possible.
The situations are:
A. A breach occurs:
- you fail to remedy a material breach of these terms and conditions within 5 Business Days after we notify you of the breach.
B. 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.
C. We have concerns about your business:
- we receive notification of a dispute from one or more of the directors or principals of your 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 your business.
2. Notification -
A. We will make reasonable attempts to notify you in writing (which includes by email) of the termination.
B. 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.
C. If you become aware that a circumstance which would permit us to terminate your participation or use under section 3.6.c.1.C. has arisen or may arise, you must advise us in writing as soon as possible.
3.7 What happens on the effective date of termination?
a. Limited period for data extraction – You will have 60 days from the effective date of termination to extract data from MYOB Essentials, after which time you and other Users (including any Clients) will have no further access to the data contained in the Client Cashbook(s) or the MYOB Essentials service in general (whichever has been terminated). We may take steps to delete data from our servers at any time after 60 days following the effective date of termination, whether or not you have extracted it beforehand.
b. Continuation of limitations on liability - any limitations on liability which you have given under the Terms continue after termination in relation to your use of MYOB Essentials.
4. Clients
This section applies to you if you are a Client and have been granted access to data in MYOB Essentials by your Professional Partner.
4.1 Access to MYOB Essentials Cashbook
a. Your ongoing access to your Client Cashbook is controlled by your Professional Partner.
b. Your access to your Client Cashbook may be removed by your Professional Partner at their option. MYOB is not responsible for any action taken by a Professional Partner to change or remove User access to Client Cashbooks in MYOB Essentials.
4.2 Bank Feeds
BankLink is the provider of Bank Feeds for MYOB Essentials. Bank Feeds work by BankLink receiving and forwarding Bank Statement Information from your nominated Bank accounts to us and to your Professional Partner. The following terms and conditions apply only to the use of Bank Feeds:
a. Access to Bank Statement Information - By registering for Bank Feeds you are giving your Bank permission to provide both us and your Professional Partner with Bank Statement Information, via BankLink, for all nominated bank accounts that are linked to Bank Feeds. You may also be required to provide your Bank with a hard copy authority form as additional evidence of your consent, depending on your Bank’s practices.
b. Bank Accounts – You may only use Bank Feeds for bank accounts attached to your business.
c. Important points about your Bank – Your Bank:
1. will be paid a commission by BankLink for providing the Bank Statement Information to us;
2. is under no obligation to provide the Bank Statement Information. It can stop doing so at any time without notice to you, us, your Professional Partner or BankLink; and
3. is not a party to any agency, partnership, joint venture or other type of similar relationship with BankLink, and is not responsible for the actions of BankLink, us or any Third Party.
d. How Bank Feeds can be cancelled -
1. if your Professional Partner terminates their subscription to your Client Cashbook, they will no longer receive Bank Feeds for your Client Cashbook.
2. you can stop us and your Professional Partner from receiving Bank Feeds in relation to your Client Cashbook at any time, by giving us no less than 7 days’ notice. Please allow a minimum of 14 days for us to give effect to your request for cancellation.
e. When your Bank or BankLink can terminate your Bank Feeds – Your Bank or BankLink can terminate your authority to give us and your Professional Partner Bank Statement Information at any time, for any reason. BankLink can do so by giving no less than 7 days’ notice.
f. Fees - if your Bank charges you directly for fees in connection with your nominated account and the use of 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 or your Professional Partner.
g. Fair Use Policy for Bank Feeds - Although we do not currently apply a fee on the number of bank statement transactions received through Bank Feeds, we may, in our sole discretion, charge your Professional Partner a fee for excess transactions at any time.
5. Other General Terms for all Users
This section applies to you if you are a User of MYOB Essentials, whether you are a Professional Partner or a Client.
5.1 Changes to Terms
a. What can we do? We may change any of these Terms (including the Fees, which are specifically dealt with in section 3.4. above).
b. 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.
c. 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.
5.2 Notices
a. You agree that all communications between you and us in relation to MYOB Essentials will be by email or by us posting a notification on the MYOB website (cashbook.myob.com), unless another method is agreed to by the addressee.
b. 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).
c. If the delivery or receipt is on a day which is not a Business Day or is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following Business Day.
d. We may provide a notice or other communication to you by a posting to the MYOB website (myob.com). That notice or other communication is regarded as being given by us and received by you when the posting is made to the MYOB website. We recommend that you bookmark and regularly check the MYOB website for notices or other communications.
5.3 Legal
You should note a few things about these Terms:
a. This is our complete agreement – These Terms and the documents incorporated by reference, including your application, 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 participation in MYOB Essentials are not effective unless expressly set out in these Terms. Any waiver of our rights or powers under these Terms may only be given in writing signed by our authorised officer.
b. 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.
c. 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.
d. 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.
e. Which laws apply to the Terms? 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).
6. Your privacy
a. We collect, disclose and use your Personal Information to provide the products and services you have asked for and associated support, respond to your enquiries or feedback and to promote the products and services offered by us and Third Parties. We may collect Personal Information from you, from public sources such as social media websites, and from Third Parties that provide us with marketing leads.
b. To do these things, we may provide your Personal Information to our related companies, Third Parties and to people to whom we outsource functions. Some of the entities may be located in Australia, New Zealand, Singapore, India, Malaysia, the Philippines, the United States or other countries. If you do not provide your Personal Information, it may affect our ability to do business with you.
c. You consent to us collecting, using and disclosing your Personal Information for the purposes set out in section 6.a above. You can ask us not to use your information to promote products and services by following the process outlined in the MYOB Group Privacy Policy.
d. The MYOB Group Privacy Policy contains information on how to:
1. update your preferences about the marketing and promotional material we send to you;
2. request access to and seek correction of the Personal Information we hold about you;
3. make a privacy complaint; and
4. how we will deal with your complaint.
e. You can contact us about your privacy by email at privacy_officer@myob.com.au, or by post at "Privacy Officer", MYOB Australia Pty Ltd, PO Box 73, Richmond Victoria 3121
f. If you are a Client, you consent to the sharing of information including your Personal Information between us and BankLink in relation to your application for, and if you are approved, the ongoing administration of your use of the Bank Feeds.
g. Notwithstanding the Group Privacy Policy, we may observe your use of MYOB Essentials and access all information you input or can access through MYOB Essentials. This will enable us to assist you with problems and make improvements for future versions of MYOB Essentials and other products and services.
h. 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.
i. If you provide any Personal Information about third party individuals to us, you must take reasonable steps to 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.
MYOB Essentials, Essentials Cashbook and Essentials Accounting are trade marks of MYOB Technology Pty Ltd.