Terms for Purchasing Online from MYOB in Australia

Terms for Purchasing Online from MYOB in Australia March 2014

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 Australia Pty Ltd ABN 13 086 760 198 of Level 3, 235 Springvale Road, Glen Waverley, Victoria 3150. Also included in Section 5. and 6. below, 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 if you 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 Cover Terms and Conditions The following terms and conditions apply to all online purchases that include a MYOB Cover membership. Terms, conditions, membership entitlements, pricing, support services and availability are subject to change. 3.1 General: A MYOB Cover membership can be purchased for any of the AccountRight range of products, Just Invoices, AccountEdge, FirstEdge, RetailBasics, RetailReady, RetailManager, RetailHospitality and RetailEnterprise. MYOB Cover provides a range of exclusive benefits and discounts including free software updates and access to MYOB Technical Support. MYOB Cover entitlements only apply to the specific MYOB product serial number for which the membership has been purchased. MYOB Cover 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 Cover 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 Cover membership. 3.3 Subscription Based Memberships: A subscription based MYOB Cover 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 Cover 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 Cover 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 customer_service@myob.com or by phone on 1300 555 151. Recurring payments for MYOB Cover 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: ķ ķ 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. ķ ķ 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. ķ ķ Annual Subscriptions the full annual payment will be pro rated for the remaining days in the current months 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 Cover 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 recurring payment will be adjusted to reflect any change in pricing from the 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 Cover subscription based memberships are also subject to the Direct Debit Request Service Agreement (DDRSA) terms if recurring payments are being debited from a Bank Account or the Credit Card Direct Debit Terms if recurring payments are being debited from a Credit Card. 3.4 MYOB Technical Support: MYOB Cover 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 Cover 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 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, except JustInvoices and FirstEdge, MYOB Cover membership includes an entitlement to software upgrades without charge. Cover membership only entitles you to Technical Support with JustInvoices and FirstEdge. Software upgrades will be made available provided you have an active MYOB Cover 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. 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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 Melbourne. 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. ķ ķ 1 to 4 Business days notice before the course Credit is provided for 50% of the original course cost. ķ ķ 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: ķ ķ 5 or more business days notice before the course transfer to an alternative course is allowed with no administration fee charged. ķ ķ 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. ķ ķ 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: ķ ķ Refunds, Credits or booking transfers of attendees are not available once you have logged into the online training. ķ ķ 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. ķ ķ 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: ķ ķ Guarantee offer is only made to the original person attending a MYOB classroom training course and is not transferable. ķ ķ Attendees returning for a repeat sitting of a course must bring their original manual and materials for use on the day. ķ ķ Booking requests for a repeat sitting of a classroom course are to be sent to MYOB Training via email at training.au@myob.com and are subject to availability. ķ ķ Guarantee offer is valid for 3 months from the date of the original classroom course, after which date it becomes null and void. ķ ķ Offer is only applicable for one repeat sitting of the same course originally attended. 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. Online Direct Debit Request Service Agreement (DDRSA) The following terms and conditions relate to your online Bank Account 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 Australia or the terms and conditions associated with the products and services that relate to your direct debit authority. 5.1 By selecting the Direct Debit from bank account payment method and clicking Finish and Pay you: ķ ķ Acknowledge that you are an authorised signatory of the nominated Bank Account or if debiting a joint account, you confirm all the authorised signatories have authorised the establishment of this direct debit request. ķ ķ Understand and accept your commitments and responsibilities under the direct debit request service agreement set out below. ķ ķ Authorise MYOB Australia Pty Ltd (User ID 184111) to debit funds from your nominated Bank Account through BECS for both Periodic Payments for all contracts and/or products and services with recurring charges; and One Off Payments where direct debit has been selected as the payment method. 5.2 MYOB Australia Pty Ltd will arrange for funds to be debited from your nominated Bank Account, as authorised by you, on the direct debit date shown on your invoices. If the direct debit date falls on a non working day or public holiday the payment will be processed on the next working day. 5.3 A tax invoice confirming the amount of the payment will be issued to you within 1 3 working days of: ķ ķ Periodic Payments the start of a month in which a payment will be made by you. ķ ķ One Off Payments your order being accepted and processed. 5.4 MYOB will advise of any changes to the debit arrangements at least 14 days in advance. 5.5 It is your responsibility to ensure that you have sufficient funds available in your nominated Bank Account to cover your periodic payments and that your Bank Account details are correct. 5.6 Direct Debiting through BECS is not available on all bank accounts. If you are paying by direct debit from your Bank Account, it is your responsibility to ensure that your Bank Account can accept direct debits (your financial institution can confirm this). We also advise that you should check your Bank Account details with your financial institution before completing the Direct Debit Request. 5.7 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. 5.8 Should a response not be received within the 5 working days allowed, MYOB Australia Pty Ltd 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. 5.9 MYOB may suspend your account, subscription or membership until any outstanding payments have been made. 5.10 You may incur fees or charges imposed by MYOB to cover administration fees for the collection of any defaulting payment under this agreement. 5.11 If you believe that there has been an error in debiting your Bank Account you should immediately contact the MYOB Accounts Department by phone on 03 9222 9782 or via email at accounts@myob.com so that we can resolve your query promptly. 5.12 If MYOB concludes, as a result of our investigations, that your Bank Account has been incorrectly debited, MYOB will advise you and arrange a refund of the amount due to you. If MYOB concludes that your account has been debited correctly, we will advise you and provide evidence of our finding. Terms for Purchasing Online from MYOB in Australia 3

5.13 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 9222 9782 or via email at accounts@myob.com. 5.14 Confidentiality all information provided to MYOB is confidential and protected by the MYOB privacy policy. The policy can be viewed at myob.com.au/privacy.html. However, you acknowledge and agree that we will need to provide information to our financial institution to initiate or alter payment arrangements from your Bank Account or to investigate an alleged incorrect or wrongful payment. 5.15 This Authority permits MYOB to change the amount debited from your Bank Account, 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. 6. Online Credit Card Direct Debit Terms and Conditions The following terms and conditions relate to your online 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 Australia or the terms and conditions associated with the products and services that relate to your direct debit authority. 6.1 By selecting the Direct Debit from Credit Card payment method and clicking Finish and Pay you: ķ ķ Acknowledge that you are authorised to establish this direct debit authority. ķ ķ Understand and accept your commitments and responsibilities under the the credit card direct debit terms and conditions set out below. ķ ķ Authorise MYOB Australia Pty Ltd 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. 6.2 MYOB Australia Pty Ltd 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. 6.3 A tax invoice confirming the amount of the payment will be issued to you within 1 3 working days of: ķ ķ Periodic Payments the start of a month in which a payment will be made by you. ķ ķ One Off Payments your order being accepted and processed. 6.4 MYOB will advise of any changes to the direct debit arrangements at least 14 days in advance. 6.5 It is your responsibility to ensure that you have sufficient funds available to cover your payments and that your Credit Card details are correct. 6.6 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. 6.7 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. 6.8 Should a response not be received within the 5 working days allowed, MYOB Australia Pty Ltd 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. 6.9 MYOB may suspend your account, subscription or membership until any outstanding payments have been made. 6.10 You may incur fees or charges imposed by MYOB to cover administration fees for the collection of any defaulting payment under this agreement. 6.11 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 9222 9782 or via email at accounts@myob.com so that we can resolve your query promptly. 6.12 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. 6.13 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 9222 9782 or via email at accounts@myob.com. 6.14 Confidentiality all information provided to MYOB is confidential and protected by the MYOB privacy policy. The policy can be viewed at myob.com.au/privacy.html. 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. 6.15 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. 7. Exclusion and Limitations of Liability 7.1 All MYOB Online purchases are subject to the application of the provisions of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL) and the exercise of any right or remedy conferred by the ACL. Anything contained in herein that would contravene the ACL shall be considered void and of no effect. 7.2 Subject to clause 7.1 and to the extent permitted by law: i. the Publisher s maximum aggregate liability to you: For failure to comply with a consumer guarantee in respect of the Software or Product; and For loss or damage suffered by you as a result of any breach of this Licence Agreement by the Publisher is limited, at the Publisher s option in its sole discretion to: The replacement of the Software (or the particular component of the Software, which caused the failure) or Product, or the supply of equivalent software (or particular component of the Software) or Product; or ķ ķ The payment of the cost of replacing the Software (or the particular component of the Software, which caused the failure) or of acquiring equivalent software (or particular component of the Software) or Product. ii. iii. all representations, conditions, warranties and terms that would otherwise be expressed or implied in this Licence Agreement by general law, statute or custom are expressly excluded. except in relation to personal injury or death, neither the Publisher nor any of the Beneficiaries are liable to you for any other loss or damage of any kind whatsoever (whether direct, indirect or consequential loss or damage or otherwise) suffered by you or liability incurred by you caused by, in connection with, or resulting from anything the Publisher does or does not do, or delays in doing, or any negligence, misrepresentation, or other default by the Publisher or its officers, employees, contractors or agents, whether or not it is contemplated or authorised by this Licence Agreement. This exclusion applies irrespective of what you are claiming, including: Loss of profits or business; ķ ķ Loss of opportunity; iv. Loss, destruction, corruption of data or expenses incurred for reconstructing or rekeying data, and however liability arises or might arise (whether through tort or contract) if it were not for this clause. if the Publisher or any of the Beneficiaries is ever liable (whether for direct, indirect or consequential loss or damage or otherwise) to you and, for any reason, cannot rely on any exclusion of liability set out in this clause, the maximum combined liability of the Publisher and those other Beneficiaries to you is limited to the amount paid by you for the supply of the Software. v. The exclusion and limitations of liability in this clause 2 also apply for the benefit of the Beneficiaries. Beneficiaries means the related companies of the Publisher (including MYOB Australia Pty Ltd) and all officers, employees, contractors or agents of the Publisher and the Beneficiaries. 8 Your Privacy 8.1 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 associated third parties. We may collect personal information from you, from public sources such as social media websites, and from third parties who provide us with marketing leads. 8.2 To do those things, we may provide your personal information to our related companies and to third parties that we outsource functions to. These entities may be located 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. 8.3 You consent to us collecting, using and disclosing your personal information for the purposes set out in section 8.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 (located at myob.com.au/privacy). 8.4 The MYOB Group Privacy Policy contains information on how to: i. update your preferences about the marketing and promotional material we send to you; ii. iii. iv. request access to and seek correction of the personal information we hold about you; make a privacy complaint; and how we will deal with your complaint. 8.5 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 371, Blackburn, Victoria 3130. Terms for Purchasing Online from MYOB in Australia 4

MYOB Australia Pty Ltd ABN 13 086 760 198 Level 3, 235 Springvale Road, Glen Waverley VIC 3150 customer_service@myob.com myob.com.au GEN122302-0214