Terms and Conditions

This Agreement governs the process and rules for Accreditation for Reckon Professional Partners, whether you are an Accountant, Bookkeeper or Consultant. This Agreement is between you and Reckon New Zealand Limited (Co. No.1912154) a wholly owned subsidiary of Reckon Limited (ABN 14 003 348 730) referred to in this Agreement as Reckon. If you are also a reseller then this Agreement covers that part of your relationship with Reckon as well.

1. Application process

You may apply to Reckon to become an Accredited Reckon Professional Partner only if you or your company are Reckon Professional Partners.

You must pay all your applicable fees in advance before you will be appointed as a Reckon Accredited Professional Partner for the year in question.

Reckon is under no obligation to approve an application.

You warrant the truth, completeness and accuracy of all information supplied in the application and as supplied from time to time in connection with the Accredited Professional Partner Program.

2. Membership of professional bodies

Membership of the Accredited Professional Partner Program is available to Accountants in public practice in New Zealand, Independent and contract Bookkeepers in public practice in New Zealand, and as approved by Reckon: Business and IT Consultants authorised or licensed to practice in New Zealand, and Tax Agents only.

All applicants are required to meet the criteria set by Reckon before an application can be processed. Approval is not guaranteed and remains within the discretion of Reckon.

The applicant warrants that relevant membership criteria have been satisfied. Reckon reserves the right to make inquiries of the relevant professional body of which you are a member and the educational institution which issued any of the pre-requisite qualifications, as indicated in your membership application, in order to confirm your membership and qualification status. Other applicants may be accepted as Accredited Professional Partners on a case by case basis.

3. General rules

3.1 To remain accredited, you must comply with all continuing professional development requirements. For a list of these requirements please see the Reckon Partners Program website or contact 0800 447 292.

3.2 As an Accredited Professional Partner, you will be required to meet the criteria outlined on the application form and you must act at a standard consistent with Reckon’s highest principles of professionalism, integrity and honesty and at all times display the appropriate level of knowledge and skills about the products.

3.3 Any service difficulties should be immediately notified to Reckon in writing to The Manager, Professional Partners, Reckon New Zealand Limited, Ground Floor, ITC House, 9 City Road, Auckland City, Auckland.

3.4 You may not claim any relationship with Reckon other than as contained in this agreement and you will at no time represent to any third party that you are a representative, agent or employee of Reckon.

3.5 Nothing in this agreement is intended to constitute a system or marketing plan which is determined, controlled or suggested wholly or partly by Reckon or any other affiliate of Reckon.

4. Incorporation of professional partner terms and conditions

4.1 You or your employer have previously agreed to be bound by the Professional Partner Terms and Conditions (PP Terms). If you are approved by Reckon as an Accredited Professional Partner then the PP Terms will apply to this Agreement with the following modifications:

• All references in the PP Terms to “Professional Partner” are to be interpreted as a reference to an Accredited Professional Partner.
• All references in the PP Terms to “Reckon Professional Partner Program” are to be interpreted as a reference to the Accredited Professional Partner Program.

4.2 In the event of any inconsistency between this Agreement and the PP Terms (as incorporated into this Agreement) the terms of the documents are to apply in the following order of priority (from highest to lowest):

• This Agreement; and
• The PP Terms.

5. Membership benefits and payment of annual subscription

5.1 You understand that, should your annual membership not be paid, you will not be entitled to the continued benefits of membership.

5.2 Benefits of membership are provided according to the category of Accredited Professional Partner into which you fall. These benefits are specified at Reckon Partner Programs.

5.3 Benefits may change from time to time.

5.4 All membership fees must be paid by the due date indicated on your invoice after your application has been accepted, membership then is pending on payment of your fees.

5.5 Whilst we will endeavour to advise you that your subscription is in arrears, it is your responsibility to ensure the membership payment is up to date.

6. Privacy Disclosure

6.1 Under the Privacy Act (Cth) 1988 and pursuant to the Privacy Principles established pursuant to the Australian Privacy Act 1988 (Cth) and the New Zealand Privacy Act 1993, as amended from time to time (“Privacy Principles”), we inform you of the following. The information we ask you to provide as part of the application process is used to assist us in offering you services under the Reckon Professional Partner Program to communicate with you about the Professional Partner Program and Reckon products as well as informing you about product upgrades and important changes to the product and to provide you with details of training programs offered by our network of Accredited Professional Partners this information essentially comprises your name, your company, contact details and high level business details (if appropriate)). We may also use this information to inform you about other Reckon or related products and services and it will be provided to our network of Accredited Professional Partners who may contact you in connection such training programs. Reckon is sensitive to its users’ need for privacy, and retains strict control over the information that it gathers from its users. If you do not provide us with all of the information that we seek as part of the registration process, this may result in Reckon being able to less effectively communicate with you. Under the Privacy Principles, you are able to gain access to any personal information that we hold about you. If you wish to know the procedure in order gain access to the information held about you or wish to see Reckon’s Privacy Policy Statement please refer to our website, or contact us on 1300 732 566.

6.2 You agree and warrant that you will comply with the applicable Privacy Principles and any other relevant law in relation to your collection, use or disclosure of any information or data.

7. Adherence to ethical guidelines

As an Accredited Professional Partner, you agree to adhere to the ethical guidelines as issued by your governing or peak body in New Zealand and any similar guidelines required by Reckon. In particular, you agree to adhere to any guidelines concerning the transfer of clients from one service provider (whether you are an Accountant, Bookkeeper or Consultant) to another. This may be relevant in circumstances where, for example, you have provided training in Reckon products to another service providers’ client.

8. Right to terminate

8.1 You acknowledge that your continued membership as an Accredited Professional Partner is not guaranteed and that Reckon reserves the right to terminate your membership if in its discretion it is deemed necessary to do so.

8.2 In all cases Reckon may terminate your membership on no less than thirty days prior written notice in which case you will be pro-rata refunded your membership fees.

8.3 Reckon may without notice immediately terminate your appointment if you:

• Enter into any arrangement where there is a conflict of interest or potential conflict of interest between yourself and Reckon without Reckon’s prior written consent;
• Act in a unprofessional and unethical manner in your dealings and activities under or in connection with your appointment as an Accredited Professional Partner or do anything that would bring Reckon into disrepute or diminish the reputation or goodwill associated with the Reckon Products; or
• In any way breach the software licensing agreement.

8.4 Without limiting the generality of Reckon’s right to terminate as set out above, Reckon can also terminate without notice if:

• Reckon receives three or more complaints from customers about any matter pertaining to your position as an Accredited Professional Partner in any three month period;
• You criticise Reckon, its subsidiaries, its employees or its products;
• You display, in our sole opinion, a less than adequate knowledge of the products;
• You fail to pay outstanding moneys when due to Reckon for any Accredited and/or Professional Partner Membership, Accreditation or Re-accreditation or for product purchases or for any other debts to Reckon Limited;
• You supply any confidential information about Reckon or any of its products. We may at our sole discretion decide whether any information provided to any competitor of Reckon is confidential information for the purposes of this clause;
• You fail to continually attain re-accreditation as each new software version is released;
• You commit any act which involves any unlawful or illegal acts, or any situation in which you find yourself in bankruptcy or insolvency.

9. Waiver

Failure or neglect by Reckon to enforce any of these terms and conditions shall not be construed as a waiver of Reckon’s rights nor affect Reckon’s rights to take any subsequent action.

10. Severability

If any provision in these terms and conditions is held to be invalid, unlawful or unenforceable, such provision shall be severed from these terms and conditions without affecting the validity and enforceability of the remaining terms and conditions.

 

11. Entire agreement

11.1 This document supersedes and replaces any arrangements, representations, understandings or agreements made or existing between you and Reckon and constitutes the entire agreement relating to the supply of the Products except as otherwise may be agreed in writing.

11.2 To the best of the knowledge and information of Reckon and its representatives, all facts, information and figures contained in this application and attachments are true and accurate at the time of printing. Reckon reserves the right to make any changes in information, membership entitlements and product inclusions, as it may deem necessary, without prior notice.

12. Governing law

These terms and conditions shall be construed in accordance with the laws of New South Wales.

13. Confidentiality

You agree to keep all pricing information provided to you confidential and not share or distribute it to clients or any other person or company.

14. Assignment

It is important to Reckon that we know who we are appointing as Accredited Professional Partners. Your identity is important to us and therefore no part of this agreement may be assigned by you without Reckon’s prior written approval.

15. Definitions

You means the Accountant, Bookkeeper or Consultant or customer as indicated on the application form or invoice on the reverse hereof.