Date of Publication: 7 March 2014
1 About these terms
These are the terms and conditions for our supply of the MYOB Atlas Service to you, including our obligations to each other (Terms).
Some words in these Terms have particular meanings:
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
Business means the business for which the application is made and accepted for MYOB Atlas. This would include, but is not limited to, sole traders, partnerships, companies and trusts.
Fees means fees and charges relating to the provision of the MYOB Atlas Service.
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 Atlas or MYOB Atlas Service means any of the services, facilities or functionality which form part of MYOB Atlas and which we make available to you from time to time. This includes:
- hosting for your MYOB Atlas website; and
- the website creation software tool you use to create and maintain your MYOB Atlas website.
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.
Third Party means any person we have contracted with to help us provide the MYOB Atlas Service. This includes all service providers engaged by us for the delivery, maintenance and administration of MYOB Atlas.
we, us and our means MYOB Australia Pty Ltd ACN 086 760 198 of Level 3, 235 Springvale Road, Glen Waverley, VIC 3150.
you means the Business.
2 General terms
2.1 Eligibility and other important information
(a) The website you create using MYOB Atlas will have a maximum size of 10MB.
(b) Monthly charges for the pricing plan you select will be applied in accordance with these Terms. Details of the monthly pricing plan for your MYOB Atlas Service can be found by logging into your website and going to My account page.
This monthly charge will be applied in accordance with these Terms.
(c) To maintain your MYOB Atlas Service it is your responsibility to provide your payment information to us. Refer to section 5 below for more information.
(d) You can cancel your MYOB Atlas Service at any time. Refer to section 5 below for more information.
(e) 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
- our liability for a failure to comply with any applicable consumer guarantees where to do so would:
- contravene the ACL; or
- cause any part of these Terms to be void.
2.2 Responsibilities you have as a user of MYOB Atlas
(a) No interference with MYOB Atlas - you will not:
- interfere with the operation of MYOB Atlas or overload the system;
- reverse-engineer, reverse-assemble, decompile, or otherwise attempt to discover source code, formulas or processes in respect of the software behind MYOB Atlas;
- sell, rent, distribute, copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from MYOB Atlas except where we have given you permission; or
- use MYOB Atlas (or allow it to be used) for any purpose other than to set up a website for the promotion of your business.
(b) Cooperation and limited authority in relation to Third Parties - you:
- must do all things we consider appropriate to enable us to fulfil our obligations to Third Parties in relation to MYOB Atlas; and
- authorise us to give a Third Party or other person any authority, consent or instruction in respect of MYOB Atlas, to enable us to provide the MYOB Atlas Service to you.
(c) Providing details to register for MYOB Atlas - Any details which you provide to us as part of the registration process for the MYOB Atlas Service must be correct. You must let us know of any changes to your details, and provide any proof of the change we require.
(d) Comply with laws and regulations - You must not use or permit the use of the MYOB Atlas Service in a way which contravenes any applicable laws or regulations.
2.3 Use of MYOB Atlas and intellectual property
(a) What you can do - Until your use of the MYOB Atlas Service is terminated, you have a non-exclusive and non-transferable right to use the MYOB Atlas Service 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:
- software, documents, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes or methodologies; or
- other intellectual property,
- and you (including your staff, agents or contractors) must not otherwise use, reproduce or modify these intellectual property rights. Without limitation, you must not remove, obscure or amend any copyright or trade mark notices within the MYOB Atlas Service.
(c) You retain your intellectual property rights - These Terms do not give us any intellectual property or other rights in any of any content which you display on, or transmit through, the MYOB Atlas Service. To enable us to provide the MYOB Atlas Service to you, you grant to us a worldwide, non-exclusive and royalty free licence to reproduce, publicly display and distribute any of the content which you display on, or transmit through, the MYOB Atlas Service.
(d) You are responsible for content
- you are solely responsible for the content which you display on, or transmit through, the MYOB Atlas Service;
- you acknowledge that we have the right to review any content on your MYOB Atlas website, which may result in removal of some or all of the content on your MYOB Atlas website;
- you must not use any trademarks, business names, logos, trading styles, or get-up, of any person in any way which is intended, or likely, to cause confusion about the ownership of those trademarks, business names, logos, trading styles, or get-up; and
- you are solely responsible for protecting any intellectual property or other rights which you have in any of any content which you display on, or transmit through, the MYOB Atlas Service.
2.4 Payment of Fees and Credit Card Authority
(a) You must pay us all Fees due to us in relation to your use of MYOB Atlas, on the due date.
(b) By giving you at least 20 Business Days' notice before the change takes effect, we may:
- change the amount of any Fee and introduce a new Fee; and
- change the circumstances in which, or frequency with which, a Fee is payable.
Section 8 tells you about the ways in which we can give you notice.
(c) You authorise us to deduct monthly or annual instalments (as selected by you when you purchase the Service) and any other Fees payable to us in respect of your use of MYOB Atlas. You give us this authority by providing us with your credit card details.
(d) Debiting of Fees will occur in accordance with Terms for Purchasing Online from MYOB in Australia (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 statement/tax invoice detailing the Fees that have been debited.
(e) Upgrading and downgrading:
- 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.
- 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.
(f) It is your responsibility to ensure you have sufficient credit available on your nominated credit card to cover your monthly payment and that your card details are current and correct.
(g) If the debit to your card is declined, we will attempt to re-draw 3 times. If these attempts fail, we will advise you by email of the decline and your MYOB Atlas Service will be suspended.
(h) If you believe there has been an error in debiting your Bank Account or Credit Card, you should immediately contact the MYOB Accounts Department by phone on 03 9222 9782 or via email at email@example.com so that we can resolve your query promptly.
2.5 Goods and services tax (GST)
All payments due to us 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.
3 Domain name service
3.1 .au domain name registrations
(a) You are required to make several statements to us in relation to your domain name application - please read them carefully to ensure that those statements are correct.
(b) You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's published policies (see http://www.auda.org.au).
(c) You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time.
(d) Renewal of your .au domain name licence is your responsibility. If you choose not to renew your .au domain name, your website's address will revert to the myob.net domain name supplied during signup for MYOB Atlas.
(e) The complete terms and conditions of your application for a .au domain name, and if successful, your domain name license are available at http://myobatlas.com/registrant-agreement
3.2 Using a business-name.myob.net address or a pre-existing domain name
(a) Your MYOB Atlas website will automatically be assigned a temporary business-name.myob.net domain name.
(b) You may continue to use the temporary business-name.myob.net domain name.
(c) If you already have one or more domain names that you wish to use with your MYOB Atlas Service, you can do so at no additional cost.
(d) You can purchase additional domain names at your own expense at any time.
4 Availability of the MYOB Atlas Service
The MYOB Atlas Service could be disrupted if systems failure occurs due to technology used by either us or Third Parties involved in providing the MYOB Atlas Service.
The MYOB Atlas Service 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.
Subject to the terms of section 6 below, we are not responsible or liable to the Business for any Loss or Claim arising from the MYOB Atlas Service or any part of it being delayed, disrupted or unavailable.
5.1 How can you end your participation in MYOB Atlas?
(a) You can cancel your participation in MYOB Atlas at any time by giving us written notice. The effective date of termination will be 5 Business Days after you have provided notice. Your participation in MYOB Atlas will cease on the effective date of termination. Refer also to section 5.3 below for important content about what happens on the effective date of termination.
(b) To maintain your MYOB Atlas Service beyond the first 12 months, it is your responsibility to provide your payment information to us. If you do not provide that information to us, then your participation in MYOB Atlas will be terminated. You will have no further access to MYOB Atlas or your data following termination. The data will be deleted from our servers.
(c) You can cancel your paid subscription to MYOB Atlas at any time by giving us at least 5 Business Days written notice before the end of the current month of your subscription. The effective date of termination will be the last day of the current month of your subscription. During the notice period, you are still liable for any Fees in relation to your use of MYOB Atlas up to the effective date of termination. Your participation in MYOB Atlas will cease on the effective date of termination. Refer also to section 5.3 below for important content about what happens on the effective date of termination.
5.2 When we can terminate your participation in MYOB Atlas without prior notice
These are the situations in which we can terminate your participation in MYOB Atlas without prior notice. We will notify you of your suspension or termination as soon as possible.
The situations are:
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; or
Something happens in relation to MYOB Atlas:
- in our opinion, a change to any Third Party arrangement necessary for MYOB Atlas renders the ongoing operation of MYOB Atlas 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 Atlas substantially unworkable or non-functional; or
- we believe this is necessary either to protect the security, integrity or reputation of MYOB Atlas or any MYOB Atlas function, service or facility, or to otherwise protect our interests;
We have concerns about 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
- We will make reasonable attempts to notify you in writing (which includes by email) of the termination.
- 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.
- If you become aware that a circumstance which would permit us to terminate your participation or use under section 5.2(a) has arisen or may arise, you must advise us in writing as soon as possible.
5.3 Termination of MYOB Atlas Business Card subscriptions(a) This section applies to MYOB Atlas participants who have subscribed to our non-paid MYOB Atlas Business Card Service.
(b) We can terminate your participation in MYOB Atlas when your MYOB Atlas Business Card webpage has been activated for 12 months or more, and:
- your MYOB Atlas Business Card webpage has either never had a .com.au domain name attached to it; or
- you have a single .com.au domain name attached to your MYOB Atlas Business Card webpage, which has expired.
(c) We will provide you with at least 20 Business Days prior notice of the termination of your MYOB Atlas Service.
(d) The notification and reinstatement provisions outlined in section 5.2(b) above also apply to this section.
(a) Your cancellation of your MYOB Atlas Service or our termination of your MYOB Atlas Business Card subscription - Should you choose to cancel your MYOB Atlas Service under section 5.1(a) above, or if you are an MYOB Atlas Business Card user who has had your participation in MYOB Atlas terminated under section 5.3 above, you will have no further access to MYOB Atlas or your data after the effective date of termination. The data will be deleted from our servers. We strongly recommend that you extract your data for archive purposes prior to cancellation.
(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 Atlas.
6 Liability, warranties, representations and indemnities
Subject to section 2.1(f) and to the extent permitted by law:
(a) No warranty that MYOB Atlas is suitable for your needs
MYOB Atlas is a generic service and its capabilities are likely to change over time. This means that MYOB Atlas may not be, or may not remain, suitable for your needs.
You must assess the ongoing suitability of MYOB Atlas 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 Atlas.
(b) Liability for other guarantees, conditions or warranties
our maximum aggregate liability to you:
- for failure to comply with a consumer guarantee in respect of the supply, failure to supply or unavailability of the MYOB Atlas Service; and
- for loss or damage suffered by you as a result of any misrepresentation, negligence, default or other breach of these Terms by us
is limited, at MYOB's option in its sole discretion to:
- the resupply of the MYOB Atlas Service; or
- the payment of the cost of resupply of the MYOB Atlas Service; and
- all representations, conditions, warranties and terms (including claims in relation to our performance, the performance of MYOB Atlas or any service associated with MYOB Atlas) that would otherwise be expressed or implied in these Terms, by general law, statute or custom are expressly excluded.
(c) When we and Third Parties will not be liable to you
We and Third Parties are not responsible or liable to you or the Business for:
- any Loss or Claim relating to the provision of data made available through MYOB Atlas, including delays, disruptions, inaccuracies or the loss of data;
- any Loss or Claim relating to your use of, or reliance upon, data provided to you through MYOB Atlas;
- the actions or inaction of Third Parties or other persons (including those which may be negligent or unauthorised) relating to MYOB Atlas;
- 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
- any Loss or Claim arising from a failure by you or the Business to maintain archive records of your data.
(d) Indemnity to us and Third Parties
You indemnify us, our staff and Third Parties (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your action including negligence, misrepresentation, fraud, breach of law or breach of the Terms.
7 Changes to Terms
(a) What can we do? We may change any of the Terms (including the Fees, which are specifically dealt with in section 2.4(b) above).
(b) Prior notice - We'll give you at least 10 Business 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 Atlas.
(c) Urgent changes - However if we need to restore or maintain the security of MYOB Atlas immediately, we may change your use and access to MYOB Atlas without advance notice.
You agree that all communications between you and us in relation to MYOB Atlas will be by email or by us posting a notification on your MYOB Atlas website, unless another method is agreed to by the addressee.
Where these terms refer to you or us providing a notice in writing, this means that we or you can send an email. 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).
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.
We may provide a notice or other communication to you by a posting to your MYOB Atlas website. That notice or other communication is regarded as being given by us and received by you when the posting is made to the MYOB Atlas website. We recommend that you regularly check your MYOB Atlas website for notices or other communications.
You should note a few things about the Terms:
(a) This is our complete agreement - The Terms and the documents incorporated by reference, including your application, contain the whole of the agreement between us and you in relation to MYOB Atlas. Any representations or warranties made by our staff before you are accepted for participation in MYOB Atlas are not effective unless expressly set out in the 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 the 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 Atlas 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? The Terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to the Terms (being you and us).
We collect, disclose and use your Personal Information to provide you with MYOB Atlas and associated services and support, respond to your enquiries or feedback and to promote MYOB Atlas and other 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 or from third parties that provide us with marketing leads.
To do these things, we may provide your Personal Information to our related companies and to service providers that we outsource functions to. These 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.
(a) update your preferences about the marketing and promotional material we send to you;
(b) request access to and seek correction of the Personal Information we hold about you;
(c) make a privacy complaint; and
(d) how we will deal with your complaint. You can contact us about your privacy by email at firstname.lastname@example.org, or by post at "Privacy Officer", MYOB Australia Pty Ltd, PO Box 371, Blackburn Victoria 3130.
MYOB Atlas, Atlas by MYOB, the Atlas logo and the MYOB Atlas & Atlas logo are trade marks of MYOB Technology Pty Ltd