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MYOB Solo Terms of Use

Solo by MYOB Terms of Use.

OVERVIEW

These terms and conditions (Terms) apply to your use of Solo by MYOB. By purchasing a Subscription Plan or using Solo by MYOB, you agree to be bound by these Terms. These Terms are a binding contract between us and you.

Read these Terms carefully as they outline your legal rights and obligations.

Words that are capitalised have defined meanings. You can find a list of defined words and their meanings in the Glossary at the end of this document.

When you sign up for a Subscription Plan, you sign up on a rolling monthly basis. You can terminate or cancel your Subscription Plan by following the instructions in section 7.2(a).

We might make changes to our Terms, Subscription Plans or Fees from time to time. Section 5 describes when we will let you know about the changes, and what rights you have if we make changes.

1. Subscribing to and using Solo by MYOB


1.1 These Terms apply to Solo by MYOB

We agree to supply, and you agree to use, Solo by MYOB in accordance with these Terms.

1.2 Choosing a Subscription Plan that is right for you

Descriptions of the Subscription Plans we offer are available on our website.

Product and support inclusions and limitations are set out on our website and will be disclosed to you before you sign up for a Subscription Plan.

1.3 Your responsibilities

Do’s and Don'ts

You must:

  • Provide current contact details. You must ensure that we have your up-to-date contact details.

  • Pay Fees. You are liable for any Fees you incur and must comply with the obligations set out in section 6.

  • Provide accurate data. You are responsible for verifying the accuracy and completeness of any Subscriber Data that you input into Solo by MYOB.

  • Backup data. There is an inherent risk of data loss with any technology. You should regularly backup your records and Subscriber Data.

  • Keep your own records. You should retain a copy of your business and financial records (including invoices, receipts, financial statements, business reports and Subscriber Data).

  • Comply with Applicable Law. It is your responsibility to comply with Applicable Law (including Tax Law) and to retain any records you are required to keep.

  • Make sure that Solo by MYOB is right for you. Product features and functionality may change over time. Your needs may also evolve. This means that Solo by MYOB may not be, or may not remain, suitable for your needs. You must assess the ongoing suitability of the product and your Subscription Plan to meet your needs.

  • Keep your username and password secure and confidential. You should never:

    • tell anyone your username and password; or

    • let anyone else, whether acting as your agent or not, access Solo by MYOB using your username and password.
      You should be particularly careful when accessing Solo by MYOB over public Wi-Fi.
      If you think anyone else might know your login credentials, you should reset your password by following these instructions.

You must not:

  • use Solo by MYOB in a way that contravenes any Applicable Law or breaches a third party’s legal rights;

  • interfere with the operation of Solo by MYOB;

  • sell, commercialise, lease, loan or otherwise distribute Solo by MYOB to third parties;

  • reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind Solo by MYOB;

  • copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any Solo by MYOB content (except in respect of Subscriber Data or where we have given you prior written consent);

  • use Solo by MYOB in any way which is: harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;

  • upload any material (including pdf. and .jpg files) into Solo by MYOB that:

    • contains Personal Information of any individual without that individual’s express or implied consent; or

    • infringes the Intellectual Property Rights of any third party;

  • directly or indirectly introduce, or permit the introduction into Solo by MYOB of, any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of Solo by MYOB;

  • use Solo by MYOB to send “spam” or otherwise make available any offering in breach of these Terms;

  • remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer, regulatory or legal notice or link that is incorporated into Solo by MYOB; or

  • act in a manner that is verbally or physically abusive, threatening or amounts to bullying or harassment of any of our employees, contractors or agents (including our customer support teams).

1.4 Product Support

Contact our customer support team using the contact information set out on our website. Support is also available via our Help Centre or Community forum. When you are logged into the app, you can also use our online chat.

1.5 Disruption

Solo by MYOB may be disrupted during certain periods due to circumstances or events beyond our reasonable control, including as a result of:

  • internet service provider or telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

  • negligent, malicious or wilful acts or omissions of third parties;

  • maintenance or repairs carried out by any third party in respect of any of the systems used in connection with providing Solo by MYOB; or

  • services provided by third parties ceasing or becoming unavailable.

1.6 System maintenance

Solo by MYOB may also be disrupted during certain periods due to system maintenance or repairs. If this occurs, we will notify you beforehand unless urgent system maintenance or repairs are needed to maintain critical product functionality or security. Updates about system downtime are also posted on our website.

1.7 Beta Features

Sometimes, we may let you try out some “beta”, “pilot” or “proof of concept” features (Beta Features) for testing and feedback purposes. Because of their nature, Beta Features may have flaws, mistakes or other problems, and affect your access to, or cause damage or loss of your Subscriber Data. If you decide to use Beta Features, you do so at your own risk. Subject to section 8.2, the Beta Features are provided “as is” and we do not have to provide any fixes, corrections, patches or updates for the Beta Features. We may stop providing the Beta Features by telling you in advance (and we will try to give you as much notice as possible). Where you provide Feedback on Beta Features, you agree that we can use that Feedback for any purpose.

2. Open banking

  • If you connect your bank account(s) to Solo by MYOB, you can automatically import business transactions, which you can then reconcile.

  • You are not required to pay additional Fees if you connect your bank account(s) to Solo by MYOB.

  • Use of open banking may be subject to additional terms imposed by your bank and/or accredited data recipient. You will also be expected to provide a business consumer disclosure consent.

3. Premium Features

You will be required to comply with additional terms of use if you elect to use Premium Features, like Tap to Pay or Online Payments. Additional Fees apply for the use of Premium Features. Those Fees are set out on our website and will be disclosed to you before you sign up to use any Premium Features.

These terms and conditions and fees and charges apply for Tap to Pay.

These terms and conditions and fees and charges apply for Online Payments.

4. Data, IP and privacy

4.1 What you own: Subscriber Data

(a) Ownership of Subscriber Data

You own your Subscriber Data.

(b) Licence to Subscriber Data

You grant to us a non-exclusive and royalty-free licence to use the Subscriber Data:

  • to enable us to perform our obligations under these Terms;

  • to develop and improve our products and services;

  • to identify, develop and deliver other functionality, products and services that may be of interest to you; and

  • for other purposes to which you expressly consent from time to time.

(c) Necessary rights in Subscriber Data

You warrant that you have obtained any necessary consents and have all necessary rights to grant us the licence to Subscriber Data under section 4.1(b).

(d) Accuracy and completeness of Subscriber Data

You are responsible for verifying and maintaining the accuracy of your Subscriber Data.

(e) Use of anonymised or aggregated data

You grant to us a royalty-free and irrevocable licence to use anonymised or aggregated data that we create or derive from your Subscriber Data in perpetuity for any purpose, provided that such anonymised or aggregated data does not contain any Personal Information.

4.2 What we own: our IP

(a) Ownership of our Intellectual Property Rights

We (and our licensors, where applicable) own Solo by MYOB, including but not limited to software, source code, object code, and our templates, documents, marketing material, trade marks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights.

(b) Licence to use Solo by MYOB

Subject to payment of the Fees, we grant you a non-exclusive, revocable, and non-transferable licence to use Solo by MYOB in the way that we authorise. This licence continues until your Subscription Plan is terminated or cancelled in accordance with these Terms.

4.3 Confidentiality

Each party must take reasonable steps to secure and keep secure any Confidential Information belonging to the other party which is in its possession, custody or control and must not disclose it to any third party except where permitted under these Terms.

This section 4.3 does not apply to Confidential Information which a party is required to disclose under Applicable Law, pursuant to any order, direction or request made by any court of competent jurisdiction, regulatory body or Government Agency, or under the rules of any recognised stock exchange.

4.4 Data security

(a) We must take reasonable precautions to prevent a Security Breach in relation to the Subscriber Data.

(b) Each party must promptly notify the other party if it becomes aware of an Eligible Data Breach of Subscriber Data as required under the Privacy Act.

4.5 Collection, disclosure and use of Personal Information

(a) We collect, hold, use and disclose Personal Information in accordance with these Terms, our Privacy Policy and Applicable Law.

(b) Privacy consent
You consent to us collecting, holding, using and disclosing your Personal Information in accordance with these Terms, our Privacy Policy and Applicable Law.
You must obtain all necessary consents and provide all necessary notices in accordance with Applicable Laws about privacy (including the Privacy Act) in relation to any Personal Information you supply to us in connection with Solo by MYOB, Premium Features, your Subscription Plan or these Terms, and you must ensure that the consents are sufficient to enable us to collect, hold, use and disclose the Personal Information in the manner contemplated in these Terms, our Privacy Policy and as otherwise required by Applicable Law.

5. Changes to these Terms, Solo by MYOB or Fees

5.1 Changes to these Terms

We may change these Terms by giving you written notice. If the changes are material or are likely to have a detrimental impact on you, we will give you written notice at least 30 days before the changes take effect. We will act reasonably in exercising our right to change these Terms.

5.2 Changes to the functionality of Solo by MYOB or your Subscription Plan

(a) We may change the functionality of Solo by MYOB or your Subscription Plan, including by:

  • adding, changing, removing or discontinuing standard product features or Premium Features;

  • changing inclusions or limitations (including in relation to support tiers); or

  • making changes to enhance product functionality, performance, security, or compatibility.

(b) If the changes are likely to have a detrimental impact on how you use Solo by MYOB, we will give you written notice at least 30 days before the changes take effect.

5.3 Changes to Fees

We may change the amount of any Fee, introduce a new Fee, and/or change the circumstances in which, or frequency with which, a Fee is payable. We will give you written notice at least 30 days before the changes take effect. We will act reasonably in exercising our right to make any changes to Fees.

5.4 Discontinuing Solo by MYOB

(a) If we discontinue the development, maintenance or sale of Solo by MYOB in Australia and we make subscriptions for any substantially similar product(s) available for sale generally to customers at the time, we may propose to migrate you to a substantially similar product. We will give you written notice at least 90 days before any proposed migration and we will give you a reasonable opportunity to opt out of any proposed migration.

(b) If we discontinue the development, maintenance or sale of Solo by MYOB in Australia, and do not make subscriptions for any substantially similar product(s) available for sale generally to customers at that time, we will give you written notice at least 90 days’ before the effective date of discontinuation so that you can arrange for replacement product(s) or service(s).

5.5 Your rights if we make changes

(a) Without limiting your rights under 7.2(a), if we make changes under sections 5.1, 5.2(b), 5.3, 5.4, you have a right to terminate your Subscription Plan before the changes take effect. Termination will take effect at the end of your current subscription period (or on another date agreed with you). If you exercise your right to terminate or cancel your Subscription Plan in accordance with this section 5.5(a), you will be entitled to receive a refund for any Fees you prepaid for the period after the termination or cancellation takes effect.

(b) If you continue to use Solo by MYOB after being notified of changes to these Terms under section 5.1, you are bound by the updated Terms from the effective date of the updated Terms.

6. Fees and payment

6.1 Fees payable under your Subscription Plan

When you select your Subscription Plan, you will be informed of the pricing, product inclusions and limitations which are relevant to your Subscription Plan.

You will be required to pay a monthly subscription Fee for access to a base subscription. Fees payable for the base subscription will be charged in advance of the applicable subscription period.

Additional fees and charges apply if you elect to use Premium Features. Use of Premium Features may be subject to additional terms and conditions and different payment terms. For example, Fees may be charged in arrears and/or net settled.

6.2 Free Trial

We may make Solo by MYOB available to new subscribers for a free trial period (Trial). Unless otherwise stated, Premium Features are not included in the Trial offer. If you use Premium Features during your Trial, Fees may apply to those Premium Features. Unless you terminate or cancel your Subscription Plan during the Trial, it will automatically rollover to a paid Subscription Plan at the end of your Trial and you will be required to pay us the Fees described in the Subscription Plan while your subscription remains active. By providing us with your credit or debit card or bank account details and signing electronically to confirm that you agree to the Direct Debit Authority, you authorise us to deduct the Fees payable to us in respect of your use of Solo by MYOB after the end of the Trial.

6.3 Payment Terms

You must provide us with a direct debit authority in accordance with section 6.5 and pay Fees by the due date stated on the relevant invoice (unless otherwise agreed with us). Fees for your base subscription are payable in advance of the relevant subscription period, within 7 days of receipt of your invoice. Different payment terms apply to the use of Premium Features and will be specified in the relevant product terms and conditions.

6.4 Direct Debit

(a) Direct Debit Authority

You authorise us to deduct the Fees payable to us by providing us with your credit or debit card or bank account details and signing electronically to confirm that you agree to the Direct Debit Authority. If your Direct Debit Authority is cancelled or withdrawn, you must provide us with a replacement direct debit authority (unless we agree to another payment method).

(b) Recurring Payments

When you purchase a Subscription Plan, you agree that you are authorising recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until the end of the month in which termination or cancellation of your Subscription Plan takes effect.

(c) Processing Fee payments

  • Debiting of Fees will ordinarily occur on the invoice due date (but may occur at other times if permitted under your Direct Debit Authority).

  • It is your responsibility to ensure that you have sufficient funds available to cover Fees that are due, and that your credit or debit card or bank account details are up to date.

  • If we cannot debit your Fees from your credit or debit card or bank account, the direct debit is considered to be dishonoured and we will notify you that your account has fallen into arrears.

  • You are responsible for paying any dishonour fee(s) charged by your financial institution.

  • You can update your payment details by following these instructions. Following any update, you authorise us to charge the new applicable credit or debit card or bank account, including for any outstanding Fees accrued by you in connection with your use of Solo by MYOB.

(d) Late payment

If undisputed Fees remain unpaid for a period of 7 days after you receive a written notice from us requiring you to pay the outstanding Fees, we may suspend your Subscription Plan.

If undisputed Fees remain unpaid for a period of 30 days after you receive a written notice from us requiring you to pay the outstanding Fees, we may terminate your Subscription Plan.

Suspension or termination of your Subscription Plan will be in accordance with section 7.2(b).

(e) If there has been a problem

If you believe there has been an error in debiting your credit or debit card or bank account, you should notify us immediately at accounts@myob.com so that we can resolve your query promptly. If your credit or debit card or bank account has been incorrectly debited by more than it should have been, we will arrange an appropriate refund. If there is a genuine dispute about an amount that was debited, and you have notified us about the dispute, we will hold the amount on trust for you pending the outcome of a dispute resolution process. If there is a genuine dispute about an amount due for payment that has not been debited yet, and you have notified us about the dispute, we will not debit the disputed amount until after the outcome of a dispute resolution process.

6.5 GST

All Fees are subject to GST. If a Fee is stated as being GST inclusive, then it already includes the GST. If a Fee does not say it is GST inclusive, then we will add GST to the amount.

7. Term and Termination

7.1 Automatic renewal

Your Subscription Plan will automatically renew at the end of each month for a further one month period, unless your Subscription Plan is terminated in accordance with these Terms.

You are required to give us notice at least 10 days before the end of your current subscription period if you do not want to renew your Subscription Plan, to give us sufficient time to process your request.

7.2 Termination

(a) How can you terminate or cancel your Subscription Plan?

  • For any reason
    You can terminate or cancel your Subscription Plan for any reason, or no reason, by notifying us at least 10 days before the end of the subscription period, to ensure we have sufficient time to process your request. This can be done within the “My Products” page of your “My Account” dashboard or by contacting our customer support team. The effective date of termination or cancellation will be the last day of the month (or, if you notify us less than 10 days before the end of the month, the last day of the following month). If your Subscription Plan is terminated or cancelled, you will continue to have access to Solo by MYOB until the end of the subscription period.
    We do not provide refunds or credits for any partial subscription periods unless expressly set out in these Terms, where otherwise required under Applicable Law or otherwise agreed with you.

  • For our breach
    You can terminate or cancel your Subscription Plan by providing notice if we fail to remedy a material breach of these Terms within 10 days of you giving us notice of the breach in writing.

  • If we make changes
    Section 5.5(a) sets out the right you have to terminate or cancel your Subscription Plan if we notify you that we intend to make changes to these Terms, your Fees, Solo by MYOB or your Subscription Plan.

  • If we suspend performance of our obligations
    If we suspend performance of our obligations under these Terms, you have a right, during the period of suspension, to terminate or cancel your Subscription Plan immediately upon notice to us.

(b) How can we suspend, terminate or cancel your Subscription?

  • For any reason
    We can terminate or cancel your Subscription Plan for any reason by providing you with at least 60 days’ written notice.

  • For your breach
    We can suspend your Subscription Plan if you fail to remedy a material breach of these Terms within 7 days after we give you written notice of the breach, including where Fees are overdue.
    We can terminate or cancel your Subscription Plan if you fail to remedy a material breach of these Terms within 30 days after we give you written notice of the breach, including where Fees are overdue.

  • Immediately
    We can suspend your Subscription Plan immediately upon written notice to you if we believe it is reasonably necessary either to protect the security of Solo by MYOB or the Subscriber Data or any critical product functionality. We will lift the suspension as soon as we reasonably can after resolution of the issue(s) giving rise to the suspension.
    We can also suspend, terminate or cancel your Subscription Plan immediately upon written notice to you if:

    • you cease to be able to pay all your debts as they fall due, become insolvent, go into liquidation or administration, bankruptcy or such other similar arrangement with creditors, or cease to carry on business (subject to any stay requirements under Applicable Law);

    • there is a change in who owns or controls your business where we were not notified in advance about the change in ownership or control, or the new owners have failed to satisfy our reasonable identity and credit check requirements or failed to provide information that we reasonably require to make changes to your account;

    • the actions of a regulator or a change in Applicable Law or regulation makes the ongoing operation of Solo by MYOB substantially unworkable or non-functional; or

    • a change to any Third Party arrangement necessary for Solo by MYOB renders the ongoing operation of Solo by MYOB substantially unworkable or non-functional, despite us making reasonable efforts to ensure its ongoing operation.

7.3 What happens on Termination or cancellation of your Subscription Plan?

(a) End of your Subscription Plan

Unless otherwise specified in these Terms or mutually agreed with you in writing, termination or cancellation of your Subscription Plan is effective on the last date of your current subscription period. After termination or cancellation of your Subscription Plan is effective, you must cease use of Solo by MYOB.

(b) Payment of Fees still owing

After termination or cancellation of your Subscription Plan, you must pay any Fees that are due and payable to us.

(c) Continuation of limitations on liability

Any limitations on liability which apply under these Terms continue after termination or cancellation of your Subscription Plan.

(d) Accessing archived Subscriber Data after termination or cancellation of your Subscription Plan

We strongly recommend that you extract your Subscriber Data for compliance and archive purposes prior to termination or cancellation of your Subscription Plan. Failure to extract and retain your Subscriber Data may result in you being unable to comply with your record retention obligations under Applicable Law (including Tax Law).

If you need to access your archived Subscriber Data records after termination or cancellation of your Subscription Plan, contact us. Access to archived Subscriber Data may be subject to additional fees and charges and require that you have an active Subscription Plan to view the records. We cannot guarantee that we will be able to recover your historical Subscriber Data, which is why you should keep your own records and copies of it. Subscriber Data will be deleted after termination or cancellation of your Subscription Plan in accordance with our data retention policies.

8. Liability, Warranties and Indemnities

8.1 Limits to our liability

Our liability to you for any breach by us of these Terms is, if permitted by the Australian Consumer Law, limited to:

  • the resupply of Solo by MYOB or the service (as applicable); or

  • the cost of re-supplying Solo by MYOB or the service (as applicable),

in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by Applicable Law.

8.2 Where the Australian Consumer Law applies

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and

  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(b) These Terms do not exclude, restrict or modify the application of any part of the Australian Consumer Law, or the exercise of any right or remedy conferred by the Australian Consumer Law.

8.3 When we will not be liable to you

To the maximum extent permitted under Applicable Law and subject to section 8.2, we are not responsible or liable to you for:

  • the contents of the Subscriber Data;

  • any Loss or Claim relating to provision or use of the Subscriber Data, Imported Data, Exported Data or system data made available through Solo by MYOB;

  • any Loss or Claim relating to the operation of Third Party applications or the actions or inaction of Third Parties, or other persons (including those which may be negligent or unauthorised) relating to Solo by MYOB; or

  • any Loss or Claim arising from a failure by you to maintain archive records of your Subscriber Data;

except to the extent caused or contributed to by a breach of Applicable Law or breach of these Terms by us or any Third Party acting on our instructions.

8.4 We indemnify you for IP Claims

Subject to you complying with this section 8.4, we indemnify you from and against any Loss or Claim incurred by you arising directly from or in direct connection with a claim by a third party that Solo by MYOB or its use infringes the Intellectual Property Rights of that third party (“IP Claim”). If an IP Claim is made against you, you must promptly notify us of the IP Claim and give us the right to defend and settle the IP Claim. We will not settle an IP Claim without your prior consent (such consent not to be unreasonably withheld or delayed). You must provide reasonable assistance with our defence of the IP claim. The indemnity in this section 8.4 will not apply to the extent that the IP Claim arises or results from your access or use of Solo by MYOB in a manner prohibited by us in writing or in breach of these Terms.

8.5 You indemnify us for third party claims relating to your use of Solo by MYOB

You indemnify us against any Loss or Claim we incur directly from or in direct connection with a third party claim or action against us relating to your use of Solo by MYOB.

8.6 Limitation of Liability

(a) Liability cap

In no event will either party’s aggregate cumulative liability (whether in contract, tort, negligence, statute or otherwise) exceed an amount equal to the Fees paid by you to us during the 12 month period preceding the event or occurrence giving rise to such liability.

This limitation does not apply to liability:

  • that cannot be excluded or limited under Applicable Law;

  • arising out of or in connection with sections 8.2 and 8.4—8.5; or

  • arising out of or in connection with a party’s gross negligence, fraud or wilful misconduct.

(b) Consequential loss excluded

In no event will either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, loss of data, lost business, loss of revenue or lost profits) even if it has been advised of the possibility of such damages.

8.7 Proportionate liability

To the extent permissible under Applicable Law, each party’s liability under these Terms (including under an indemnity) is reduced proportionately to the extent that such liability is caused or contributed to by the breach of these Terms or the wrongful, unlawful or negligent act or omission of the other party or its directors, officers, employees, agents or subcontractors.

8.8 Duty to mitigate

Each party must use all reasonable endeavours to mitigate its Losses.

9. General terms

9.1 Notices

Where we are required to give you written notice under these Terms, we can give notice either via email or in-product notification.

9.2 Entire agreement

These Terms and the documents incorporated by reference, including any Fee increases notified to you, supersede any previous written agreements between us in connection with Solo by MYOB.

9.3 What happens if some of these Terms can’t operate?

If any part of these Terms is void or unenforceable for any reason, then it will be severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms will not be affected.

9.4 No waiver

If a party does not insist on strict performance of any part of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach of these Terms.

9.5 Assignment by you

You can assign, novate and otherwise transfer your rights and/or obligations under these Terms to an affiliated entity, subject to your account being up to date and the incoming subscriber completing such transfer forms as we may reasonably require (including completing any necessary identity or verification checks). If you wish to transfer your Subscription Plan and Subscriber Data to someone else, contact our customer support team and we will guide you through the process of having your Subscription Plan and Subscriber Data transferred. Any purported assignment, novation or transfer that does not follow our prescribed process is invalid and you remain responsible for your obligations under these Terms.

9.6 Assignment by us

We may assign, novate or otherwise transfer our rights and/or obligations under these Terms to any of our affiliated entities, or to any entity that acquires all or substantially all of our business or assets related to Solo by MYOB, and we will give you written notice of any such assignment, novation or transfer.

9.7 Which laws apply to the Terms?

These Terms are governed and construed by the laws of the state of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.

9.8 Disputes and Customer Complaints

If you have any questions, complaints or claims that you wish to raise with us you can contact us. Most disagreements can be resolved informally and efficiently with our customer resolutions team.

10. Glossary

10.1 Definitions

The following expressions have the following meaning:

  • App means the Solo by MYOB application.

  • Applicable Law means all laws, rules and regulations in force from time to time in Australia.

  • Confidential Information means, in respect of a party, information belonging or relating to that party that is submitted or disclosed by that party to the other party in connection with your use of Solo by MYOB that is not generally available to the public (other than by reason of a breach of these Terms by the other party) and:
    (i) at the time of disclosure, is identified by the first party as being confidential; or
    (ii) which the other party knows, or ought reasonably to be expected to know, is confidential to that first party.

  • Data Supplier means an organisation authorised by you to supply us with Imported Data. This might include your bank, accredited data recipient, supplier, customer or third-party software provider.

  • Direct Debit Authority means the direct debit authority signed by you for payment of the Fees.

  • Eligible Data Breach means that term as defined in the Privacy Act.

  • Exported Data means data exported, extracted or transmitted from Solo by MYOB to a storage destination or organisation nominated by you. It includes data transmitted to third party applications and exported data files.

  • Fees means those fees relating to your Subscription Plan; including any changes to those fees as communicated to you in accordance with these Terms.
    Fees include base subscription fees and any additional fees and charges that apply if you elect to use Premium Features.
    These fees and charges apply for Tap to Pay.
    These fees and charges apply for Online Payments.

  • Imported Data means data that is imported or transmitted into Solo by MYOB from a Data Supplier or a third party application.

  • Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know how and moral rights.

  • 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.

  • Personal Information means that term as defined in the Privacy Act. This includes information about an identifiable individual.

  • Premium Features means any Premium Features we make available from time to time, as described on our website, including Tap to Pay and Online Payments.

  • Privacy Act means the Privacy Act 1988 (Cth) as amended or replaced from time to time.

  • Security Breach means unauthorised access to or alteration of the Subscriber Data.

  • Solo by MYOB means any and all of the services, features and functionality comprising the product ‘Solo by MYOB’ which we make available from time to time. This includes the specific Solo by MYOB base product and app, any Premium Features and data feeds used within Solo by MYOB.

  • Subscriber means the sole trader or business that subscribes to Solo by MYOB. A Subscriber may be a sole trader, partnership, company, trustee acting on behalf of a trust or another type of organisation or entity.

  • Subscriber Data means data, information, text, graphics, images or works of authorship of any kind (including Imported Data), information (including Personal Information) and other materials entered or uploaded by you, your bank or an accredited data recipient into Solo by MYOB.

  • Subscription Plan means any Subscription Plan for Solo by MYOB we make available from time to time, as described on our website.

  • Tax Laws means A New Tax System (Goods and Services) Act 1999 (Cth) and the Taxation Administration Act 1953 (Cth) or similar laws and any binding regulation, ruling or direction issued by the Australian Taxation Office as amended or replaced from time to time.

  • Third Party means any person we have engaged to help us provide Solo by MYOB. This includes any other service providers engaged by us to assist in the delivery, maintenance and administration of Solo by MYOB. In the case of bank feeds or data feeds, any bank or accredited data recipient that you authorise to provide Imported Data to us is also a Third Party under these Terms.

  • We, us and our means MYOB Australia Pty Ltd (ABN 12 086 760 198) of Level 3, 168 Cremorne Street, Cremorne, VIC 3121, Australia.

  • You and your means you, as the Subscriber.

Last updated: November 2024