Terms and Conditions
Cloud Advisor Program
This Agreement governs the relationship between you, a Cloud Advisor, whether you are an Accountant, Bookkeeper or Consultant, and us, 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.
This Agreement also covers the terms according to which we will sell you software as a re-seller.
Membership Conditions For a Cloud Advisor.
- Application & Renewal
You may apply to Reckon to become a Cloud Advisor by completing and correctly signing the application form. 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 Cloud Advisor Program.
Please note that only Accounting practices, Bookkeeping businesses and IT consultancies may apply to become a Cloud Advisor Partner. Reckon is under no obligation to accept you as member of the Cloud Advisor Program or any subsequent renewals of your membership..
You will ensure your employees, contractors or agents are aware of your obligations as a Cloud Advisor and comply with all relevant terms of this Agreement and that you do not allow them to do anything inconsistent or in breach of the terms of this Agreement or any other requirements of the Cloud Advisor Program..
Once accepted as a Cloud Advisor you agree to comply with the terms of this agreement and all requirements of the Cloud Advisor Program. To maintain your membership and continue to be eligible to access the benefits of the Cloud Advisor Program you must ensure the timely renewal of your annual membership via the Reckon Partner portal.
- Cloud Advisor Program – Privacy Disclosure
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 Cloud Advisor Program; to communicate with you about the Cloud Advisor 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 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 may be provided to our network of Accredited Partners who may contact you in connection with 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 this registration process for your membership to the Cloud Advisor Program, this may result in Reckon not being able to effectively communicate with you.
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.
- Use Of Software
You agree that, by accepting any software provided as part of the Cloud Advisor pack, the licence is granted as a privilege of the Cloud Advisor membership and the software may only be installed and used at the place of business registered by the member. You may not sell, rent, lease, or otherwise dispose of or provide that software to any other party (this includes remote systems and bureaux). The number of user licenses shall be determined by Reckon. If you have multiple places of business, each location will require its own membership. You agree that if you are installing software on behalf of your client that you purchase a licence key on their behalf and that you use the download links via the Partner Portal or such other method as agreed by Reckon in writing.The applicant agrees to use its best endeavours and to take all reasonable steps to safeguard this software to ensure that there is no unauthorised use, copying or distribution of the software. You are also bound by the software licence agreement included in the pack as well as the terms relating to your status as a Cloud Advisor set out below in this Agreement and the application form. Any rights to use the software are entirely conditional upon you remaining a current Cloud Advisor.
- Adherence To Ethical Guidelines
As a Cloud Advisor, you agree to adhere to the ethical guidelines as issued by your governing or peak body in New Zealand or 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. You will not represent to any third party that you provide services for which you do not have the relevant expertise or qualifications.
- Confidentiality of Cloud Advisor Membership Program Specific Services
You agree to keep all information provided to you confidential, including but not limited to pricing information, and not share or distribute it to clients or any other person or company. In addition, you understand that the priority telephone, email and web based services for a Cloud Advisor are not to be provided to other parties, as these are made available as a preferential service to a Cloud Advisor only.
- Right to Terminate
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 a Cloud Advisor and do anything that would bring Reckon into disrepute or diminish the reputation or goodwill associated with the Reckon products;
- breach any warranty or term of this agreement;
- in any way breach the software licensing agreement; or Cloud Advisor – Terms and Conditions
- any bankruptcy proceedings, winding-up proceedings, appointment of an administrator or receiver or similar arrangements are made against you or your business or if you are unable pay debts as and when they fall due.
- You acknowledge that your continued membership as a Cloud Advisor is not guaranteed and that Reckon reserves the right to terminate your membership if in its discretion it is deemed necessary to do so.
- In all cases Reckon may terminate your membership on no less than thirty days prior written notice.
All products are sold or supplied on these terms and conditions.
All orders for products must be presented on a Reckon’s online ordering system, or by telephone or by e-mail where approved by Reckon in writing, with a reference number if requested (“order”).
- Products shall be delivered to the email address specified upon placement of the order as the address for delivery.
- All delivery times indicated to you are estimates only. Reckon shall not be liable for any late delivery, including delays caused by unavailability or security systems of networks or Reckon, you or any other party, and will not be liable for any loss or damage or injury (direct or indirect) occasioned as a consequence of any late delivery. You must specify the delivery email address on each online purchase order, or by telephone where approved by Reckon in writing.
Reckon reserves the right to amend the pricing of products and will provide you with prior written notice, which may include e-mail, at the address specified on the application form or as last specified by you in writing, of any amendments. All amounts charged to you will include GST where appropriate. Please note that keeping address details up to date is your responsibility.
- Software Licensing
The terms and conditions of the licence of the products comprising software govern yours or any end user’s use of the software in question. Nothing in the sale or supply of any products to you is to be construed as conferring any rights whatsoever to any intellectual property in such software. The terms and conditions are separately contained on or within the product, or any packages containing that software. The terms and conditions for Reckon software can be viewed on the Reckon website www.reckon.com.au
- Use Of Trademark
- Reckon reserves the right to set requirements for the use of any trademarks, logos, designs, devices, and service marks (“brands”) for the purpose of promotion of affiliation. You must abide by any style guide issued from time to time by Reckon in relation to the use of the brands. Such guidelines may contain conditions of use of the brands owned or used under licence by Reckon, or a third party associated with Reckon, whether or not they are registered. You agree not to infringe any Copyright in the trademarks or products or in the form of information or services by copying, re-transmitting, or disseminating any Copyright material (except where it is expressly permitted by Reckon).
- You may not use the brands or other intellectual property of Reckon Limited unless agreed to in writing by us. We may withhold consent for any reason and without stating a reason.
- The Reckon trademarks including the Cloud Advisor membership logo may only be used in the form approved by Reckon by yourself, TOGETHER WITH YOUR COMPANY NAME, as outlined in the following points:
- You will not use, register or attempt to register a company, business name, trade name or trade mark containing the words Reckon, the R logo, or any other Reckon trademarks, or the former name of products which were owned or sold under licence by Reckon or any words similar thereto, or which may cause confusion to the general public regarding your relationship to Reckon;
- Your use any of Reckon trademarks and/or the Cloud Advisor logo is limited as prescribed in this agreement, provided also that all money owed to Reckon has been paid and will be paid;
- You may only use the trademarks and the Cloud Advisor logo in the same format as supplied to you by us. You may not make any amendments or alterations to the trademarks and the Cloud Advisor logo or the file and you may not disseminate it other than as permitted in this agreement;
- You may use the Cloud Advisor logo on stationery and marketing materials used in connection with your business and with Reckon products as approved in writing by us.
- When using the Cloud Advisor logo:
- It must be clearly displayed, with nothing obscuring the image;
- Must be accompanied by your company name; and
- displayed without competitor information.
- You may not claim any relationship with Reckon other than as contained in the logo and you will at no time represent to any third party that you are acting other than as an independent contractor on your behalf or on behalf of the company that employs you.
- You may not use the Cloud Advisor logo on or in any unlawful or illegal publications or in any publications, which contain hate speech, racial, or sexual or other discriminative material or pornography.
- We may amend or withdraw any consent at any time and you will agree to abide by all such amendments or withdrawal of consent.
Commissions are payable to Reckon Partners for the sale of the software according to the Commission Rules as amended from time to time and which can be viewed via the Partner Portal.
- To the fullest extent permitted by law (and except as specifically provided in these terms and conditions) all express and implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for any purpose or otherwise are expressly excluded and Reckon shall not be liable for any physical or financial injury, loss or damage or for consequential loss or damage arising out of the supply or operation of the products or arising out of Reckon’s negligence or in any other way whatsoever.
- Reckon’s liability for a breach of a condition or warranty which by law is incapable of exclusion is limited (but only to the extent permitted by law) at Reckon’s option to:
- Replacement of the products or the supply of equivalent products; or
- The cost of replacing the products or acquiring equivalent products; and
- In the case of services – to the supplying of the services again or the payment of the costs of having the services supplied again.
- You will indemnify Reckon and its affiliates against all losses, claims, suits and cases against any:
- liability incurred by Reckon;
- loss or damage or diminution of the reputation of Reckon; or
- loss, penalty, fine or expense incurred by Reckon in dealing with any claim against it, including legal costs and expenses on a solicitor/own client basis, excluding consequential loss arising from a breach by you of any of the terms of this agreement or arising from any representations made by you relating to your qualifications and expertise.
- The right of Reckon to be indemnified under this clause is in addition to, and not exclusive of any other right, power or remedy provided by law.
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.
It is important to Reckon that we know who we are appointing as a Cloud Advisor. Your corporate identity is important to us and therefore no part of this agreement may be assigned by you without Reckon’s prior written approval.
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.
- Entire Agreement
- 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.
- 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.
- Governing Law
These terms and conditions shall be construed in accordance with the laws of New South Wales.