Legal

Reckon Annual Subscription Program and Reckon Advantage Membership Program Licence Agreement

This licence agreement applies to the following products and services: Reckon Advantage Membership and Reckon Annual subscription programs.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

RECKON LIMITED. ACN 003 348 730 of Level 2, 100 Pacific Highway, North Sydney, NSW 2060 (“Reckon”) offers the following Subscription Program and/or Reckon Advantage Membership to you on the terms and conditions set out below in respect of the software described in the Reckon Annual Subscription Program Order Form or Reckon Advantage Order Form completed by you (the “Nominated Software”). If you currently already have a valid licence for the latest version of the Nominated Software or you have been referred to Reckon Advantage by a Reckon Partner such as a Professional Partner or Accredited Trainer, provided that the Professional Partner’s name and their Reckon identification number is provided on the order form, then you may choose to become a Reckon Advantage Member for any of the Nominated Software products. For each product you choose to include in the Reckon Advantage Membership program, an annual membership fee is payable (see clause 4 below).

1. Technical Support

Technical Support, except in the case of Reckon Advantage Members, for the Nominated Software is not included in the subscription price. Technical support is available at an additional charge on a 1900 telephone number. The 1900 number is charged at a rate of a maximum of $4.90 per minute and is subject to change without notice. Please check with Reckon for the details of the 1900 telephone number and the latest prices or visit www.reckon.com. For Reckon Advantage members, upon receipt of payment of the annual membership fee you will be entitled to weekday technical support for the duration of your membership in connection with the Nominated Software. On weekends technical support is charged at rate of $4.90 per minute as above. Technical support is provided through a help line. As a Reckon Advantage Member, your call will in most cases be given priority over non-members, (subject to call volumes).
You also should be aware that technical support is to answer technical queries concerning the Nominated Software. 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 Nominated Software) or to resolve any networking or interface computing or 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. Software Upgrade

By joining the subscription program or by becoming a Reckon Advantage member, you will be entitled to upgrades of the Nominated Software without additional charge if such upgrades become available during the term of your subscription. Reckon does not warrant that there will be any upgrades of the Nominated Software during your subscription term. Nothing in these terms and conditions affects any software licence agreement you may be required to enter into to take advantage of the upgrade of the Nominated Software. For Reckon Annual Subscription customers, software upgrades are available as a download from Reckon only.

3. Subscription Term

The term of your subscription and/or membership is for a period of 12 months from the date upon which we receive payment of the subscription prices as cleared funds or accept your credit card authorization for payment of the same. Upon expiry of your subscription period, if you do not renew your subscription, your licence to use the Nominated Software terminates and you may no longer lawfully use the Nominated Software. In the case of Reckon Advantage Members upon expiry of the membership period, continued use of the Nominated Software is permitted but access to all benefits of the Reckon Advantage membership is terminated.

4. Subscription Price

The subscription price for the Reckon Annual Subscription Program or Reckon Advantage membership shown on the Nominated Software Order Form includes GST and is subject to change without notice. Please check with Reckon for latest prices or visit www.reckon.com. Subject to clause 8, the subscription price is non-refundable where you complete the Order Form and pay via our web site or by mailing a signed Order Form to Reckon. Shortly prior to the conclusion of each subscription period, an invoice will be forwarded to you for the cost of a further 12 months subscription at the price then applicable for the Nominated Software. In the event that you choose not to renew your subscription or withdraw from the subscription program, purchases of upgrades of the Nominated Software will only be available to you at the cost of the full retail price of a full version of the Nominated Software. For Reckon Advantage members, you are required in addition to the annual membership price, to pay a joining fee. The joining fee amount shown on the Reckon Advantage Order Form includes GST and is subject to change without notice. Please check with Reckon for the latest figure or visit www.reckon.com. The joining fee covers the administration costs of Reckon in establishing the new membership. The joining fee is payable only once provided that the Reckon Advantage membership is continuous. Where you wish to join the Reckon Advantage program for two or more of the Nominated Software, only one joining fee is payable. If you are an existing member of Reckon Advantage and wish to take out a Reckon Advantage membership for an additional Nominated Software, no joining fee will be payable. The joining fee is non-refundable.

5. Personal Information

Reckon will not use or disclose any information about you, without your consent unless: required by law; where we believe it is reasonably in order to provide requested products or services to you; or to protect the rights or property of Reckon or its affiliates. You consent to Reckon, or a third party who is authorised by Reckon, contacting you by e-mail (or other means) in connection with the Reckon Annual Subscription or Reckon Advantage Membership Program including any services or products that may be offered from time to time to members.
If you do not wish to receive promotional e-mails you may unsubscribe by following the directions in such e-mail or (if there are none) by contacting Reckon Support. We will use reasonable endeavours to act on any such request from you within a reasonable time or as required by law.

6. Limitation of Liability

Except as set out in these terms and conditions, we make no express warranties or representations in connection with the supply of technical support or upgrades of the Nominated Software. Subject to overriding legislation (see below), we: exclude all implied warranties and conditions under statute or
general law as to merchantability, description, quality, suitability or fitness for purpose or otherwise; limit our liability under or in connection with these terms and conditions (however arising,whether contract, tort or otherwise) at our option to one of the following (as applicable): supplying the relevant services again; or
payment of the costs of having relevant services supplied again; replacement of the relevant goods or the supply of equivalent goods; the repair of the relevant goods; the payment of the cost of replacing the relevant goods or acquiring equivalent goods; or the payment of the cost of having the relevant goods repaired; will not be liable for any loss of profit, indirect, consequential or incidental loss, damage or injury under or in connection with these terms and conditions. Nothing in these terms and conditions will exclude, restrict or modify any rights or remedies which you may have under applicable Australian legislation including the Competition and Consumer Act 2010 (Cth) which under such laws cannot be excluded, restricted or modified by agreement. In relation to any supplies of upgrades to Nominated Software, liability in accordance with the terms of the applicable software licence agreement. If there is a physical defect in the CD-ROM upon which the upgrade of the Nominated Software is stored and the software licence agreement gives you the right to return such CD-ROM for a replacement within a time period from the date of purchase, Reckon will honour that commitment for the time period but commencing from the date of delivery to you. Any requirement in such software licence agreement to provide proof of purchase when returning a faulty CD-ROM will not be applicable. In the event that there is any other inconsistency with such software licence agreement and these terms and conditions, the software licence agreement will prevail.

7. Trade Marks

Reckon reserves the right to set requirements for the use of any trademarks and logos for the purpose of promotion of affiliation. Reckon, Reckon logo, R logos, Reckon Advantage and Advantage logo are trademarks of Reckon Limited. You agree not to infringe any Copyright in the form of information or services by copying, retransmitting, or disseminating any Copyright material (except where it is expressly permitted by Reckon). This also applies to any trademark of a third party associated with Reckon.

8. Cooling-Off Period

In the event that you have already joined the Reckon Annual Subscription Program/Reckon Advantage Membership Program over the telephone, without having viewed these terms and conditions, Reckon  grants to you a cooling-off period as provided in this clause 8. If you do not agree with these terms and conditions, you may cancel your subscription but you must notify Reckon in writing of such cancellation within 7 days of receipt of these terms and conditions. Any upgrades which are provided to you before cancellation of your subscription will be charged to you at Reckon’s prevailing rates and  deducted from the subscription fee you have paid and any balance will be refunded to you.

9. Governing Law

These terms and conditions are governed by the laws of New South Wales and both parties submit to the non-exclusive jurisdiction of the courts of this State.

10. Communications

From time to time as part of the products and services that are available to you as a Subscriber to the Reckon Annual Subscription Program or as a member of the Reckon Advantage Membership Program you will receive e-mails from Reckon. For example: notice of an upgrade to the software or notice of updated tax tables. You consent to receive such e-mails unless you specifically request Reckon not to send you the e-mails.

12/07/2013