Terms & Conditions

Reckon Accounts Hosted Licence Agreement

This licence agreement applies to the following Reckon Online products and services: Reckon Accounts Hosted. Please see www.reckon.com/au/accounts-hosted or www.reckon.com/nz/accounts-hosted for more details about Reckon Accounts Hosted.

THIS IS AN IMPORTANT DOCUMENT. PLEASE READ THIS CAREFULLY.

This is a contract between Reckon Limited (ACN 003 348 730) (Reckon) and you. By using Reckon Accounts Hosted, the contents and features, related user guides and materials, including all functionalities (“the Services”), available through www.reckon.com/au/accounts-hosted or www.reckon.com/nz/accounts-hosted hereinafter referred to as the “Website”, you agree to be bound by the terms of this Licence. The defined terms and the rules of interpretation in this Licence are set out in clause12.

Important:

Please note the following features of the Services and the terms of use of these Services as detailed in this Licence as outlined below. Please refer to the Licence for full details of the Services and terms of use. (This summary is a guide only and is not intended to cover all references in the Licence agreement, you should review all the terms of the Licence to determine how these terms relate to you.)

Subscription:

This is a subscription to use the Services for a minimum of 12 months. The Subscription Fee for the initial 12 months is non-refundable. After the initial 12 month Subscription you may choose to pay for a further 12 month subscription or monthly subscription at the applicable rates. If after the initial 12 months, you do not renew your subscription or your subscription expires or is terminated, you will no longer have access to the Services, and your data will be destroyed within 30 days from the expiry of your subscription.

Access to the Services:

Use of the Services is solely verified by user login and password. You are entirely responsible for maintaining the confidentiality of all access details of every user of your Account. Reckon does not accept any responsibility for breaches of your security.

Use of the Services:

You will not yourself or allow others to engage in any unlawful or prohibited use. You are responsible for any and all activities that occur under your Account by any person. Reckon will not be liable for any loss that you may incur as a result of unauthorised use. You may be held responsible for losses incurred by Reckon or any third party due to any unauthorised use of your Account.

Internet access, telecommunications networks, firewalls and security:

You acknowledge and agree that use of the Services requires internet access which may be affected by factors beyond the control of Reckon. Any access to the internet and storage of data on servers may involve risks and that while as far as possible Reckon will try to, it cannot guarantee security. Submissions made via email are not protected by encryption and may be vulnerable to interception during transmission. Reckon does not guarantee the uninterrupted availability of the Services, its website, applications hosted by the website, its servers (or the servers of third parties, which Reckon may engage to provide the whole or part of the Services) including connections to its online activation server because these may be dependent upon third party networks and security measures over which Reckon has no control.

Third Party Online Services:

The Services may contain access to, or features that interface with, third party online services (“Third Party Online Services”). Where Third Party Online Services are available, separate terms and conditions with the provider of the Third Party Online Services may apply. Charges may apply for the use of Third Party Online Services. Except as required by the Consumer Guarantees, access to Third Party Online Services may be withdrawn by Reckon at any time. Reckon does not make any recommendations in relation to the Third Party Online Services.

Back up:

You should ensure you conduct regular backups of your data. Except under the Consumer Guarantees, Reckon on behalf of itself and/or any of its distributors and associates, does not assume any liability for loss of data.

Accounts Hosted subscribers only:

Offline access for PC only. A corresponding current version of an Accounts Enterprise licence is required for each user to be able to copy the data file created with the Services and work offline, and charges may apply. Please refer to the terms and conditions of the licence for Accounts Enterprise desktop. The Accounts Hosted online data files may not always be compatible with the corresponding Accounts Enterprise desktop software.

Accounts Hosted (Premium) subscribers only:

One Accounts Enterprise licence is provided per customer with purchase of first current Accounts Hosted Premium licence by the customer, regardless of number of users. Additional licences need to be purchased for multi user sites of Accounts Hosted Premium. If you wish to use Accounts Enterprise Desktop only, then you may do so for the remaining period of your Accounts Hosted (Premium) licence.

Time zone for reports and updates:

All transactions and reports will be recorded in the following relevant time zone to your geographical area:

  • Australia – AEST or AEDST
  • New Zealand – NZT or NZDT

Communication:

Most communication from Reckon to you will be by email. If Reckon needs to contact you quickly, Reckon may communicate to you via SMS. You must opt in to this service to receive service status updates via SMS.

Use of Services is Not Provision of Tax, Accounting or Professional Advice:

  • The information contained in these Services may contain features designed to assist you in complying with the requirements of relevant legislation.
  • In providing you with information which may relate to relevant legislation, Reckon is not engaged in rendering legal, accounting or other professional services and that nothing in the Services constitutes taxation, financial, wealth management, superannuation or other professional advice. Legal, accounting or other relevant professional advice should be obtained before taking any action in reliance on these Services.
  • While relevant reports produced using the Services will be compliant with legal requirements at time of release, as these requirements may change from time to time, you should confirm compliance with your professional adviser.
  • The help contained in these Services are not a substitute for obtaining the appropriate independent professional advice. If legal advice or other expert assistance is required, you should seek the service of the appropriate competent professional.

Disclaimer:

To the maximum extent permitted by any law, including the Consumer Guarantees, neither Reckon or any provider of Third Party Services (“TPS Providers”), including but not limited to any Third Party Online Services or any bank, will be responsible for delays, non-performance, failure to perform, processing errors or any other matter or thing which may be required from any TPS Providers, such as an authority or approval, or any agreement with Reckon or any TPS Providers, as the case may be. Nor will the liability of Reckon, or any TPS Providers, including but not limited to any bank (whether jointly, severally or jointly and severally) include or extend to any special or consequential loss or damage suffered by you, except where required by the Consumer Guarantees.

Limitation of Implied Terms:

In relation to goods or services not ordinarily acquired for personal, domestic or household use, Reckon’s (and its distributors’) liability for breach of any guarantees, implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of Reckon, to repair the goods, or the cost of repairing the goods, to replacing or re-supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again. You acknowledge that this clause, and any reliance on it by Reckon, is fair and reasonable. Reckon’s Contact details:

Business: Address: Level 2, 100 Pacific Highway, North Sydney, NSW 2060
Phone: 1800 732 566
Email: customerservice@reckon.com

1. Licence

  1. Evaluation licence: If Reckon has given you the right to trial the Services upon payment of the Evaluation Fee as set out on the pricing page of the Website, your rights to use the Services are solely as set out in clause 11.
  2. Licence to use: Reckon grants you a personal, non-exclusive, non-transferable, limited licence to use the Services on the terms of this Licence for the period determined in accordance with clause 9.
  3. No transfer of copyright: No transfer of copyright: The Services are licensed not sold, despite any reference to “purchase” or “sale” in this Licence or in any invoice or purchase order for the supply of the Services. Reckon reserves all rights not expressly granted to you. Reckon Limited is the owner of copyright in the Services and retains ownership of the copyright and all other intellectual property rights in the Services and is protected by copyright law and international copyright treaty. LI>

2. Use of the Services

  1. Single User licence: If you have purchased a Single User Licence it only allows one user of the Services.
  2. Multiple User Licence: If you have purchased a Multiple User Licence (“your Account”), you and other simultaneous users who are authorised by you, each have their own login and password to access your Account.
  3. Access to the Service:
    1. All access to the Services is solely verified by user Login and password;
    2. You are entirely responsible for maintaining the confidentiality of all your access details (eg user name and password) and every user on your Account;
    3. You are responsible for any and all activities that occur under your Account by any person or persons;
    4. You agree to notify Reckon immediately of any unauthorised use of your Account or any other breach of security;
    5. Reckon will not be liable for any loss that you may incur as a result of unauthorised use of your Account by any person or persons;
    6. You may be held responsible for losses incurred by Reckon or any third party due to any unauthorised use of your Account by any person or persons;
    7. Access to your Account may be restricted by user login and passwords; and
    8. You are entirely responsible for the access rights that are granted to any person or other users under your Account.
  4. Internet access: You acknowledge and agree:
    1. Use of the Services requires internet access;
    2. Speed of internet access will vary and may be affected by factors beyond the control of Reckon;
    3. Any access to the internet involves security risks and new threats to internet security are continually evolving; and
    4. You accept responsibility for maintaining your own security regarding access to the internet and protection of your data.
  5. No unlawful or prohibited use: It is a condition of your use of the Services, that you will not yourself, or allow others:
    1. To use the Services for unlawful purposes or any purpose prohibited by the terms of this Licence;
    2. To use the Services in any manner that could damage, disable, overburden or impair any Reckon server, or the networks connected to Reckon’s server or otherwise interfere with any other person’s use and enjoyment of the Services;
    3. To gain unauthorised access to any Services or other accounts, computer systems or networks connected to the Reckon server or Services, through hacking, password mining or any other means;
    4. To obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
    5. To knowingly or recklessly post, link to, install or transmit, or permit third party users to post, link to or to transmit: A. Any material that is abusive, threatening, harmful, malicious, defamatory, obscene, pornographic, profane or otherwise unlawful; B. Any material containing a virus or other hostile computer program; C. To post, link to or transmit any material that constitutes or encourages a criminal offence, gives rise to civil liability or infringes the intellectual property rights of any third parties.
    6. To knowingly or recklessly transmit, or permit third party users to transmit unsolicited emails in breach of Australian or New Zealand law.
  6. Time zone for Accounts Hosted reports and updates: You agree that all transactions and reports will be recorded in the following relevant time zone to your geographical area:BR>
    • Australia – AEST or AEDST
    • New Zealand – NZT or NZDT
  7. Communication: Most communication from Reckon to you is by email. It is your responsibility to ensure that Reckon is provided with all your current contact details, including your email address and that you receive and check your emails regularly. Reckon will not be liable to you for any loss that you may incur as a result of not providing us with your current details or not receiving such communication from Reckon. Reckon may also contact you if required urgently via SMS. You must choose to opt into this service via the website before you will receive SMS updates.
  8. Privacy: You agree to allow Reckon to use and disclose any personal details provided to Reckon in connection with this Licence in accordance with Reckon’s then current privacy policy displayed on Reckon’s Website.
  9. Accounts Hosted subscribers only: – Offline access for PC only. The corresponding current version of an Accounts Enterprise is required for each user to be able to copy the data file created with the Services and work offline, and charges may apply. Please refer to the terms and conditions of the licence for Accounts Enterprise. The Accounts Hosted online data files may not always be compatible with the corresponding Accounts Enterprise software,
  10. Accounts Hosted (Premium)subscribers only: One Accounts Enterprise licence is provided per customer with purchase of first current Accounts Hosted (Premium) licence by the customer, regardless of number of users. Additional licences need to be purchased for multi user sites of Accounts Hosted (Premium). If you wish to use Accounts Enterprise Desktop only, then you may do so for the remaining period of your Accounts Hosted (Premium) licence.
  11. General restrictions: You must not:
    1. use or rely upon the Services for any purpose or in any manner for which the Services is not warranted;
    2. copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the Services;
    3. reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of the Services; or
    4. sell, market, network, transfer, lease, license, sub-license, rent, lend or otherwise dispose of or distribute the Services or use the Services to provide any Internet based services, including a bureau or hosting service.

3. Security of your account and data

  1. Security of your data: Reckon will use reasonable precautions to prevent the unauthorised disclosure of your data and will not decrypt your data. We will not, however, be responsible or incur any liability for any matters, including without limitation, any unauthorised access to your data, including by third parties to whom you have intentionally or inadvertently given shared access. In the event that Reckon is served with a subpoena or is otherwise lawfully compelled to provide access to your data, we will, subject to it being lawful, notify you of that fact.
  2. Internet access: Any access to the internet involves security risks and new threats to internet security are continually evolving. Information stored on our servers or the servers of third parties that Reckon use, may be vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and may be vulnerable to interception during transmission.
  3. Back up: Although Reckon does regular back ups on its overall infrastructure you should also ensure you conduct regular backups of your data. In addition, you should confirm your data retention requirements with your professional adviser for tax and compliance purposes. Except under the Consumer Guarantees, Reckon on behalf of itself and/or any of its distributors and associates, does not assume any liability for loss of data.

4. Services activation and verification

  1. Manner of verification: Reckon verifies authorised use of your Account solely on basis of the username and password. Therefore, it is critical that you maintain and protect confidentiality of all access details to your Account.
  2. Charges for reactivation: Reckon may charge you a fee for technical support if it needs to reset your password.
  3. Consequences of non-renewal and failure to verify details: If a subscription is not renewed, Services will be discontinued and you will not have access to the Services. Your data will be destroyed within 30 days from the expiry of your subscription unless arrangements are made by you before that time to transfer your data.
  4. Statutory declaration: In certain circumstances to authorise, reactivate or confirm the Authorised Users, Reckon may require you to provide it with a Statutory Declaration stating the reasons for re-activation or confirming the Authorised Users in a form required by Reckon.

5. Technical support

  1. Period when technical support is available: Reckon will provide technical support for the Services only (and for the avoidance of doubt this does not include support for third party hardware, software services, Third Party Online Services, which remains the responsibility of the relevant third party), at the times detailed below, during the period for which you have paid the relevant Subscription Fee. Our technical support consultants are not available to you to provide general accounting advice or to train you (it is assumed that you are already reasonably familiar with the Services) or to resolve any networking or interface computing or local IT problems that you may have. You agree that the determination of the nature of your query for these purposes may be made by our technical support consultants.
  2. You are also entitled to extended hours of technical support. Currently the hours are Monday to Friday, 8.30am to 7:00pm (AEST).
  3. You acknowledge that Reckon cannot guarantee that you will not experience some delay in having one of our technical support consultants answer your query. You will appreciate that as call volumes fluctuate so too will our response time.
  4. We also reserve the right at any time to change the hours of operation of technical support for the Services.
  5. What is included as part of technical support: Reckon will provide technical support in accordance with its then current technical support policy, which may include:
    1. as contemplated by clause 4, the technical support required to reactivate the Services (for example, when you verify your licence details or renew a subscription);
    2. provision of telephone help desk support services;
    3. access to technical information about the Services contained on Reckon’s website; and
  6. Fees: You may be required to pay charges for all other technical support, including technical support to reactivate your Services (including when you wish to reinstall the Services), in accordance with the then current technical support policy.

6. Third party online services

  1. Interaction with Online Services: The Services may contain access to, or features that interface with, third party online services (“Third Party Online Services”). Examples of Third Party Online Services that may be applicable to the Services are EFTPOS, SBR-enabled services, an online share price download facility, a statement download facility, bill and other payment services, a superannuation choice facility, online backup facility, payroll services and a debt recovery facility, which may or may not be provided at an additional charge on a subscription basis measured for one year from the date of registration.
  2. Terms for Third Party Online Services: Third Party Online Services are only available for the Subscription Period. Charges may apply for the use of Third Party Online Services (in addition to the cost of Internet access levied by your ISP). Reckon may terminate access to the Third Party Online Services if payment of the charges relating to the Third Party Online Services are not paid. Where Third Party Online Services are available, separate terms and conditions with the provider of the Third Party Online Services may apply. In some cases Reckon may be the provider. You should check with the relevant third party provider as to the terms and conditions of use. Except as may be required by the Consumer Guarantees, access to Third Party Online Services may be withdrawn by Reckon at any time. Reckon will not be liable for the withdrawal of access to any Third Party Online Services. Where access is to be withdrawn, Reckon may choose to notify you in advance provided that you have supplied Reckon with a valid and up to date email address.
  3. In some cases you may download other third party applications, for example Google Desktop supplied by Google Inc. In such cases your agreement to be bound by the terms of this Licence will also bind you to the terms of use or other similar agreements required by such third parties for use of their products.

7. Limited warranty

This clause 7 is subject to the consumer guarantees regime as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (also referred to as the Australian Consumer Law), and the Consumer Guarantees Act 1993 (NZ), as amended from time to time, or other similar legislation of a state or territory of Australia or NZ respectively. (“Consumer Guarantees”). In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In New Zealand, these guarantees cannot be modified nor excluded by any contract, except in those circumstances contemplated by section 43(2) of the New Zealand Consumer Guarantees Act.

  1. Services provided on an ‘as is’ basis: Except as required by the Consumer Guarantees, Reckon provides the Services to you on an “as is” basis and without any representations by Reckon or any of its authorised distributors and associates regarding the use, performance or results of the use, of the Services.
  2. No guarantee that Services will be error free or that its use will be uninterrupted: While Reckon has endeavoured to make sure that the Services works substantially as per the specifications published by Reckon from time to time, except as required by the Consumer Guarantees, Reckon does not guarantee or make any warranty that:
    1. the Services will work on all computer hardware platforms or configurations; or
    2. the Services will be error free; or
    3. that its use will be uninterrupted.
  3. Internet access, telecommunications networks, firewalls and security: Except as required by the Consumer Guarantees, Reckon does not guarantee, the uninterrupted availability of the website or applications hosted by the website by Reckon’s servers (or the servers of third parties which Reckon may engage to provide the whole or part of the Services) or connections to its online activation server as these may be dependent upon third party networks and security measures over which Reckon has no control.

8. Liability

  1. Certain rights cannot be excluded: Certain laws, including the Consumer Guarantees, may imply certain guarantees, conditions and warranties into this Licence or impose certain guarantees, conditions and warranties by law and give you certain rights and remedies that cannot be excluded or modified. This clause 8, and the limited warranties provided in clause 7, do not exclude or modify any of those rights if to do so would contravene that law or make any part of this Licence void.
  2. Exclusion of warranties: Except as required by the Consumer Guarantees, Reckon excludes all guarantees, conditions, warranties and rights that may be implied into this Licence or imposed by law. If conditions, warranties or other rights for your benefit are implied in this Licence or otherwise conferred by law and it is not lawful to exclude, restrict or modify them, then those guarantees, conditions, warranties and other rights will (but only to the extent required by law) apply to this Licence.
  3. Limitation of implied terms: In relation to goods or services not ordinarily acquired for personal, domestic or household use, Reckon’s (and its distributors’) liability for breach of any guarantees, implied conditions or warranties that cannot be excluded is limited, to the extent permitted by law and at the option of Reckon, to repair of the goods, or the cost of repairing the goods, to replacing or re-supplying the goods or services or their equivalent again or the payment of the cost of having the goods or services or their equivalent replaced or supplied again. You acknowledge that this clause, and any reliance on it by Reckon, is fair and reasonable.
  4. General exclusion and limitation: Other than as set out in clauses 8(b) and 8(c), and as required by the Consumer Guarantees:
    1. Reckon (and its authorised distributors) will not be liable to you or any other person for any direct or indirect loss, damages, liability, costs or expenses suffered by you or any other person relating to the performance or non-performance of the Services, including but not limited to the availability of the Services, availability of the website or applications hosted by the website, loss of data, or any breach of this Licence or the supply of the Services or in connection with, but not limited to, the Third Party Online Services, the TPS Providers, use of tax tables, use of third party hardware (for example but not limited to Postec services) or provision of technical support (whether by telephone or remote access or other means); and
    2. Reckon’s maximum liability for damages arising in connection with this Licence or the supply of the Services is limited to the amount paid by you for the Services for the year in which any such claim is formally made by you.
    3. Your liability to Reckon: You agree that Reckon (and its authorised distributors) will not be liable, other than as required by the Consumer Guarantees or as expressly set out in this Licence, and that you will indemnify Reckon (and its authorised distributors) from any liability, loss, damage, costs or expenses which Reckon (or its authorised distributors) may suffer or incur as a result of your use of the Services (including any claims made against Reckon (or its authorised distributors) by third parties.
    4. Use of Services is not provision of tax, accounting or other professional advice: The information contained in the Services may contain features designed to assist you in complying with the requirements of the relevant legislation at the time of the release of the Services, which includes for example, but not limited to, superannuation guarantee requirements, tax tables, rates for contributions or deductions calculated using the Services. These compliance requirements may change from time to time. You agree it is your obligation to ensure the details, calculations, reports and any other data or documents produced using the Services, are correct and compliant when created or used by you. Legal, accounting or other relevant professional advice should be obtained before taking any action in reliance on the Services or what is produced by you using the Services. The Services are also not financial product advice. You acknowledge that Reckon is not engaged in rendering legal, accounting or other professional services and nothing in the Services constitutes taxation, financial, wealth management, superannuation or other professional advice in relation to these matters. The help contained in the Services is not a substitute for obtaining the appropriate independent professional advice. If legal advice or other expert assistance is required, you should seek the service of the appropriate competent professional.
    5. Reckon has no responsibility for recommendations: Except as required by the Consumer Guarantees, Reckon, its employees, agents, contractors and the authors disclaim any and all liability and responsibility to any person, whether a user of these Services or not, in respect of anything (including, without limitation, any error in or omission from these Services), and of the consequences of any actions taken or omitted to be taken in reliance, whether wholly or partially, upon all or any part of the content, recommendations or help, contained in these Services.
    6. Corruption of Data and on-line access: Except as required by the Consumer Guarantees, Reckon and its authorised distributors disclaim all liability for any corruption of data, inability to access data, loss of data, breach of privacy, or downtime as a result of or arising from the use of the Services or any online link available between the Services and another server including without limitation in connection with Third Party Online Services.
    7. Third Party On-line services: Except as required by the Consumer Guarantees, Reckon makes no warranty or representation in connection with the Third Party Online Services, or third party hardware (for example but not limited to Postec services) the responsibility for which rests with the relevant provider of such Third Party Online Services or such hardware.
    8. Third Party On-line service Providers (“TPS Providers”): Except as required by the Consumer Guarantees, neither Reckon or any TPS Providers, including but not limited to any bank, will be responsible for delays, non-performance, failure to perform, processing errors or any other matter or thing which may be required from any TPS Providers, such as an authority or approval, or any agreement with Reckon or any TPS Providers, as the case may be. Nor will the liability of Reckon, or any TPS Providers, including but not limited to any bank (whether jointly, severally or jointly and severally) include or extend to any special or consequential loss or damage suffered by you.

9.Term and termination of licence

  1. Licence Term: Unless this Licence is terminated earlier in accordance with its terms, you have the right to use the Services in accordance with this Licence upon payment of the Subscription Fee in accordance with clause 10.
  2. Termination by Reckon for breach: Reckon may terminate this Licence if you are in breach of its terms or as otherwise set out in this Licence.
  3. Early termination (i) If you wish to terminate your Licence early, you must do so by giving Reckon no less than one calendar month notice to that effect. Any refund of Subscription Fees is subject to clause 10 (d). (ii) Early termination for Accounts Hosted ONLY: Subject to clause (c)(i), You will have the option at termination, to request an equivalent number of Accounts Enterprise licences to enable you to work offline for the remainder of the term of the original Licence.
  4. Effect of Termination: Upon termination, Services will be discontinued, you will not have access to the Services and your data will be destroyed within 30 days from the expiry of your subscription unless agreed arrangements have been made by you to transfer your data, BEFORE that time.
  5. Things you must do on termination: Upon termination, it is your sole responsibility to ensure the removal of all data from Reckon’s servers. NO data will be recoverable 30 days after the termination is effective.
  6. Survival: Clauses 2, 3, 6, 7, 8 and this clause 9 will survive the termination of this Licence. Termination of this Licence will not prejudice any right which Reckon may have, or but for the termination may have had, against you for a breach of this Licence.

10. Subscription terms

  1. No extension of Licence term: Your right and entitlement to use the Services concludes at the end of the term of the Licence (subject to payment of an annual Subscription Fee, either as upfront annual or monthly payments as specified in this Licence) and is not linked to the dates of release, registration or provision by Reckon of any Upgrades and/or Updates.
  2. This Licence prevails: If you have purchased these Services to upgrade any other Accounts or Reckon Software, this Licence shall supersede any previous licence agreement.
  3. No obligation on Reckon to upgrade: Upgrades and/or Updates will be developed and included in the Services at Reckon’s sole discretion, and Reckon does not warrant or represent that it will develop or release any Upgrades and/or Updates during the term of the Subscription Period or Licence.
  4. Payment: Payment shall be calculated according to the subscription fees available to you and set out on the pricing page of the Website, subject to variation by Reckon from time to time on 30 days notice to you.
    1. You will be required to pay the Subscription Fees for the initial 12 months Subscription Period before being given access to the Services. The Subscription Fee for the initial 12 months is non-refundable.
    2. This Licence will automatically terminate upon expiry of the subscription period unless it is renewed and you will not have access to the Services in accordance with clause 9. To clarify, if after the initial Subscription Period, payment is made by advance payment monthly Subscription Fees and these monthly payments are not made by the due date, the Licence will automatically terminate and you will no longer have access to the Services. If you renew and have paid upfront annual fees for the full 12 month period, that fee is non-refundable.
    3. This Licence can be automatically renewed upon payment of the Subscription Fee on or before the termination of the expiring Subscription Period. You will be required to pay the Subscription Fee upfront or by monthly payments in advance on the first business day of each month. You authorise Reckon to direct debit your monthly Subscription Fee from the bank account nominated by you.
    4. All payment becoming due and payable by you shall be subject to the Goods and Services Tax (“GST”) at the applicable rate in either Australia or New Zealand depending on your geographic location.
    5. You will be liable for any penalty charges incurred by Reckon by reason of the dishonour or reversal of any payments made by you.
    6. All payments remain payable whether or not you use the Services while the subscription remains active.
    7. If you do not pay the subscription fee as required, this Licence will be terminated in accordance with clause 9 and you will no longer have access to the Services.

11. Trial use of the Service

If you have elected to access the Services as a trial and upon payment of the Evaluation Fee, the terms in this clause 11 also apply to your use of the Services:

  1. Licence: Your licence to use the Services:
    1. permits you to evaluate the Service’s functionality and suitability for your requirements;
    2. is subject to the provisions of clauses 2, 3, 4, 6, 7 and 8;
    3. is for 30 Days (Evaluation Period);
    4. all payments for the Services are non-refundable, even in the event of cancellation,suspension or termination.
  2. Duration: You acknowledge that your licence to use the Services will only apply for the Evaluation Period. At the end of the Evaluation Period:
    1. you must not and will not be able to continue to access the Services, including any data that you have entered during the Evaluation Period; and
    2. if you wish to use the Services you must pay the Subscription Fee.
  3. Entitlements: You may be required to pay for any technical support that you may require in relation to your use of the Services during the Evaluation Period, in accordance with Reckon’s then current charges.
  4. Liability: You acknowledge that subject to clauses 8(b) and 8(c), and other than as required by the Consumer Guarantees, Reckon excludes all liability to you for any loss, including loss of data, damage, liability, costs or expenses suffered by you relating to the performance or non-performance of the Services during the Evaluation Period or any breach of this clause 11.

12.General

  1. Applicable law: This Licence is governed by the laws of the State of New South Wales, Australia and by agreeing to be bound by the terms of this Agreement you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
  2. Consumer Guarantees: Are the consumer guarantees regime as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (also referred to as the Australian Consumer Law), or the Consumer Guarantees Act 1993 (NZ), as amended from time to time, or other similar legislation of a state or territory of Australia or NZ respectively.
  3. Entire Agreement: This Licence contains the entire agreement between Reckon and you in relation to its subject matter and supersedes any prior agreements and understandings, whether written or oral.
  4. Evaluation Fee: The fee set out on the pricing page of the Website at the relevant time to obtain an Evaluation Licence to use the Services on trial.
  5. Headings: Clause headings are for ease of reference only and do not affect the meaning of this Licence.
  6. Accounts Enterprise: The current version of Accounts Enterprise Desktop software also known as “Accounts Enterprise” or “Enterprise”.
  7. Subscription Fee: The fee set out on the pricing page of the Website at the relevant time for use of the Services.
  8. Subscription Period: The period for which you have paid the Subscription Fee in accordance with clause 10(d).
  9. Termination of licence: Upon termination of your licence you will not have access to the Services and your data will be destroyed within 30 days from the expiry of your subscription in accordance with clause 9.
  10. Third Party Applications and Technology: When using the Services, you may access third party applications and technology. The terms of the third party’s Licence will apply to your use of all such third party applications and technology.
  11. Variation: To the extent permitted by law, Reckon may vary any of the terms and conditions of this Licence upon providing you with thirty (30) days notice in writing and a copy of the replacement terms and conditions. No new terms will come into force until the commencement of your renewed Subscription Period. Reckon will display any new terms and conditions on the Website and you should check the website regularly.
  12. Waiver: Any failure to enforce any rights under this Licence by Reckon is not to be taken as a waiver of those rights.
  13. Reckon’s Contact details:
Business Address: Level 2, 100 Pacific Highway, North Sydney, NSW 2060
Phone: 1800 732 566
Email: customerservice@reckon.com

Reckon, Reckon logo, Reckon Accounts, R logos, Reckon Online and Reckon Online logo are trademarks of Reckon Limited. Accounts Hosted software © 2013-2014, Intuit Inc. All rights reserved.

05/07/2013