These Terms & Conditions apply to the ozBeanz Pty Ltd MYOB Hosted Service (the "Service"). Please read these conditions before using the Service in whole or in part. In these conditions, "We" or "Us" relates to ozBeanz Pty Ltd or our Agents and Providers and "You" or "Your" relates to the person(s) or organisation receiving the Service. Also acknowledge that these Terms & Conditions may vary from time to time. Notification will be provided, unless variations were made due to a change in law or regulation.
When you request ozBeanz Pty Ltd ABN 52 662 325 071 of Unit 2, 84 Brisbane Road LABRADOR QLD, Australia to host your MYOB data files, on ozBeanz Pty Ltd servers, you should be aware of certain obligations and conditions once the Application Form is received by ozBeanz Pty Ltd.
Firstly, please be aware that when you submit the application form you are signing to say that you acknowledge and accept the ozBeanz Pty Ltd standard Terms & Conditions Agreement. You should take the time to read and understand it and call us if you would like any help interpreting these documents.
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU—NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY OZBEANZ PTY LTD.
For the purposes of this Agreement, the following terms shall be defined as set out hereafter:
•You / Your shall mean the business or person set out in the Client Schedule of this Agreement.
•ozBeanz can mean ozBeanz Hosting or ozBeanz Pty Ltd.
•Connection Date shall mean the date we activate your account .
•Fees shall mean the rates and fees set out in the Client Schedule of this Agreement.
•MYOB - can mean MYOB Australia Pty Ltd or MYOB Group or any of the associated entities within the MYOB Group
ozBeanz does not guarantee or warrant that any content you may have in your account will not be subject to inadvertent damage, corruption or destruction. Unless otherwise expressly provided in the Terms & Conditions of any service offered as a host, ozBeanz will not be responsible for any archiving or backup of any such information. If any data, messages, images or other content in your account and stored on the ozBeanz servers is damaged, lost or corrupted in any way, ozBeanz will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular software. Your hosting account covers storage of up to 2 gigabytes of data. Files and data in access of 2 gigabytes may attract additional storage and use charges.
ozBeanz will provide access to your hosted MYOB data files during the Term (see Section 5 below for Term conditions) in respect of:
•service availability of the hosted Services
•service availability and contact information for ozBeanz Customer Support services;
•access by you to your data held by ozBeanz in the event that ozBeanz ceases to provide the Services;
•ozBeanz will only setup and issue access to the hosting service once we have proof of the Supplementary Software Service License issued by MYOB to you. The MYOB Supplementary Software Service License is annually renewable and ozBeanz must be in possession of a valid copy of the renewal before services are resumed after the renewal date
For the removal of doubt, ozBeanz will request copies of the MYOB Supplementary Software Service License directly from you. If ozBeanz becomes aware or is notified by MYOB that a Customer’s MYOB Supplementary Software Service License is no longer in force, then ozBeanz must cease to provide the Services to you. ozBeanz shall promptly inform you in writing that you may access your data for a period of 30 days following cessation of Services and shall reconfirm that information to you at least 5 Business Days before expiry of the 30 day period. ozBeanz reserves the right to charge a fee for downloading your data to CD and securely returning that data to you. Any such fee will be payable by you prior to the release of any data.
•ozBeanz is not under any obligation whatsoever to provide PC or laptop support for any issues that relate to your inability to access the service or features of the service where the issue is identified as belonging to your own desktop PC or laptop computer (You may however purchase support from ozBeanz and will be advised of the cost at the time of negotiation)
This agreement is for 12 months from the date you sign on the Application Form however, this term will be extended indefinitely should you wish to continue to use the service at the end of the initial 12 month period for the payment of the monthly hosting fee. The initial payment includes the first month of hosting and setup fee. Subsequent months will be part of the Direct Debit process to your nominated bank account or credit card if this is the payment option selected by you.
These Terms & Conditions set out the full extent of our obligations and liabilities in respect of the supply of the Service and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these Terms & Conditions. Any warranty, condition or other term concerning the Services which might otherwise be implied into or incorporated in these Terms & Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
Notwithstanding the above conditions, nothing in the Terms & Conditions excludes, restricts or modifies any condition, warranty, right or liability implied in this document (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of these Terms & Conditions void. Subject to the conditions above, we will not be liable under the Terms & Conditions for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Your ozBeanz account may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing content that could subject ozBeanz to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If ozBeanz elects to terminate your right to use its service as a result of any illegal or prohibited conduct, ozBeanz may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
•Planning illegal activity, such as building a bomb or counterfeiting money
•Posting obscene Content (including child pornography)
•Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), another ozBeanz user, an ozBeanz employee, or a civic or government leader; ozBeanz reserves the right to reject or block any client user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity
•Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
•Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
•Using false statements to get, or to attempt to get, account information or other private information from ozBeanz users
•If you believe that illegal or other prohibited Content is being transmitted through the ozBeanz service, you may report it by contacting the Administrator of ozBeanz. ozBeanz reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, ozBeanz reserves the right to comply with any civil court orders and/or subpoenas. If ozBeanz decides to investigate or resolve possible misuse involving you or anything you do on the ozBeanz server, ozBeanz is entitled, except to the extent prohibited by applicable law, to disclose any information about you in ozBeanz’ possession in connection with your use of it as a host and anything you do with ozBeanz to law enforcement or other government officials, as ozBeanz in its sole discretion believes to be necessary or appropriate. By your acceptance of this Terms & Conditions and your use of ozBeanz as a host, you authorise ozBeanz to take any such actions.
The setup and license fee of $187 (inc GST) for each user account plus the first month hosting fee of $55.00 (inc GST) must be paid at the signing of the Application Form.
Please note - ozBeanz will not refund the set up fee if the applicant terminates the contract at any time after the 30 day money back period. The setup fee is a once only up front payment for each user account.
The ozBeanz service is normally provisioned and activated no later than 48 hours from receipt of duly completed Application Form. Subsequent direct debits for the monthly service fee will commence a minimum of 30 days thereafter or on the 1st or 15th of the next calendar month in line with ozBeanz billing schedule.
ozBeanz reserves the right to change prices or to institute new charges for its services or any portion of the Terms & Conditions at any time, upon prior written notice of 30 (thirty) days. Price changes and the institution of new charges implemented during your subscription period will apply to subsequent subscription periods and to all new ozBeanz users after the effective date of the change. All pricing changes will be emailed to you, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted and emailed so that you have notice of such changes. Your continued use of ozBeanz or your failure to terminate your subscription, after any such changes are emailed (or made effective) will constitute your acceptance of the prices. ozBeanz will charge the usage fee and/or its services to the credit card or bank account provided by you. You also agree that ozBeanz may automatically charge your credit card or debit your bank account for continued usage without further authorisation from you, unless and until you provide ozBeanz with at least thirty (30) days written prior notice that you do not wish to continue your subscription to ozBeanz or that you wish to change your previously designated bank credit card account. You will be required to provide notice that you do not wish to continue your subscription with ozBeanz by suitably worded email followed by a phone call.
If you elect not to continue your subscription with ozBeanz, all hosted data files created by you and stored using ozBeanz will be returned to you via CD and certified mail or may be downloaded by you from the ozBeanz servers. A small handling and postage fee may be charged for posting a CD containing your data.
If ozBeanz does not receive payment from your bank or credit card issuer or its agents, you agree to pay all amounts due under the terms of this document upon demand by ozBeanz.
To access your MYOB Approved Hosting account with ozBeanz, a valid MYOB Supplementary Software License Agreement has to be provided by MYOB with an agreement on the provisions relating to the software license. Nothing in these Conditions of Use, however, supersedes any terms of any end-user license for software provided or any separate software application provided to you as part of ozBeanz Pty Ltd.
ozBeanz provides you with a limited license to use the MYOB Application files provided you agree to do so in accordance with these rules.
As part of hosting your MYOB data files, you will be able to email data and other information directly from the hosted environment. Use of our email service will only be for the purpose of sending your accounting related data such as invoices or copies of your accounts information. Use of this service for promotions, invitations, spam or any other purpose will place you in direct breach of these Terms & Conditions. ozBeanz will monitor email use and may contact you if we feel your use is deemed unacceptable. You may be asked to show cause in writing why the deemed excessive email use is necessary.
We strongly encourage you to password protect your MYOB data files. This is done within the MYOB Application. ozBeanz takes no responsibility for management of password security of your data. Should you grant a third party person(s) (such as your Bookkeeper or Accountant) access to your data this access should be secured by a strong password. If you wish to withdraw access to this third party person, you should change their login password immediately.
Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through our site, or for our customers level of compliance with our code.
What Information Do We Collect?
ozBeanz collects different information about you at different times. There are 4 broad categories of information that we collect from you:
•When you first sign up or contract with ozBeanz for our services, or when you make an inquiry about our services, we request information such as your name, address, telephone number, email details of your primary and secondary contacts, bank or credit card details (if you are paying online or via direct debit). We may also ask for your age and gender.
•We may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our service to you.
•Other demographic information. If you respond voluntarily to our surveys or other interactive communications, we collect the responses and use the information to improve the quality and range of ozBeanz products and services.
ozBeanz will have personal information stored on our servers due to the fact that we host online services of other organisations. This information, whether voluntarily provided or not, will not be used or released by ozBeanz in any manner, and will be kept strictly confidential, unless we are required to release the information by law.
We collect and use your personal information to operate and deliver our services to you. We will use your personal information to provide you with technical support, billing and credit control, sales support, product upgrades and information.
When you contract with ozBeanz for our services or make enquiries of our services, you will be requested to provide your consent to us to send promotional material to you. If you consent to receipt of promotional material, we will use your personal information to provide you with promotional material. You may stop the delivery or "opt out" of future promotional email or postings from ozBeanz by following the specific instructions in the email or posting you receive. These instructions will tell you how to remove your name from our promotional list.
•contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), newsletters, surveys, and individual service audits. We may give extracts of our customer lists containing personal information to third party contractors to do this on our behalf. We will ensure that those contractors are bound to protect your personal information to the same standard we do;
•monitor and address complaints, other feedback, and to resolve disputes;
•in the case of credit cards, to bill you for services;
•in the case of ABNs, to verify your identity;
•in the case of our partners who are IT professionals, to ascertain your areas of specialty and to refer prospective customers to you;
•maintain a technical and account history of your dealings with us, and to re-establish your account with us where you rejoin as a customer within 6 months after having terminated your account;
•monitor your compliance with our Terms & Conditions;
•comply with our reporting and other obligations to third party licensors (such as reporting to software suppliers the number and identity of software licenses we have issued as part of our products).
•we will treat all information we collect from you as strictly confidential. ozBeanz does not rent or lease its customer lists to third parties. We will not reveal, disclose, sell, distribute, rent, licence, share or pass onto any third party (other than those who are contracted or supply services to ozBeanz including of spam filter operators) any personal information that you may have provided to us unless we have your express consent to do so, other than in the circumstances set out in the next paragraph.
We will disclose your personal information, without notice or your consent, only:
•if we are required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on us in relation to our business or web site;
•to protect and defend the rights or property of ozBeanz;
•if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
•to contractors providing licensed collections services, credit card payment processing and CRM services, who comply with our privacy and security policies;
•if we sell our business or part of it; and
•in extreme circumstances, to protect the personal safety of users of the ozBeanz services, its web site, our staff or the public
ozBeanz has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the Internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.
If you have a complaint about any aspect of our Privacy procedures, please contact us. We will deal promptly with your complaint. If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.
•YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE OZBEANZ SERVICES IS AT YOUR SOLE RISK. OZBEANZ SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
•ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
•OZBEANZ HOSTING DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH OZBEANZ WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. OZBEANZ ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES PROVIDED BY OZBEANZ SHALL BE CANCELLATION OF YOUR ACCOUNT.
•IN NO CASE SHALL OZBEANZ PTY LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OZBEANZ OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE OZBEANZ SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OZBEANZ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
•EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, OZBEANZ DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OZBEANZ AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH OZBEANZ
•YOU HEREBY RELEASE OZBEANZ PTY LTD FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS