LICENCE AGREEMENT
This licence agreement applies to Reckon Accounts Hosted. Please see www.reckononline.com.au or
www.reckononline.co.nz for more details.
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, including data storage space (“the
Services”), available through www.reckononline.com.au or www.reckononline.co.nz hereinafter referred to as the "Website",
you agree to be bound by the terms of this Licence and the application of Reckon’s Privacy Policy www.reckon.com to
information collected from you. The Privacy Policy can also be viewed on the Website. The defined terms and the rules of
interpretation in this Licence are set out in clause 13.
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. For details of the Service,
minimum requirements and functionality, please see the Website.
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 and for full details and to
determine how these terms relate to you.
Please also refer to Reckon’s Privacy Policy at www.reckon.com.
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 your Subscription will be renewed for a further 12 months at the applicable
rates unless otherwise instructed by you. 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. However, an electronic copy of your data as at the date of
termination, stored or backed up by us on your behalf (“Data at Termination) will be
made available for you to download for your subsequent reference. The Data at
Termination would comprise the last version of your data at the date of termination
stored or backed up by us on your behalf using the Data Storage Space included as
part of the Services, comprising: (a) your day to day transaction data; and (b) the last
version of any data backed up by you, if any, using the Data Storage Space included as
part of the Service. Thereafter your data will be destroyed 30 days after the expiry of
your subscription. You remain solely responsible for complying with all applicable
accounting, tax and other laws, especially regarding document retention.
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.
Your Data:
Your data includes the information contained in the files that you or your other
users create, upload, download and access using the Services for yourself or on
RahV2 V1.0
2
the behalf of others. You own the data, or are responsible for the data on behalf
of third parties, and you are solely responsible for the content of the data.
Use of the Services:

You agree only to grant access to the Services for use by you or on your behalf;

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.
BankData
You require a current subscription to Reckon BankData to access bank data feeds.
Your access to the bank data feeds are subject to your bank's terms and conditions
and their acceptance of your application to supply the bank data feeds. This Licence
will entitle you to the number of bank data feed import transactions for you which you
have subscribed and paid. The Reckon BankData licence is transferable between the
Services and the Reckon Accounts desktop products, excluding EasyStart, as specified
on the Website, which may be updated from time to time. You must purchase a
separate licence if you want to import bank data feeds bank feeds into other Reckon
products, such as Reckon One.
Data Collection & Privacy

You acknowledge and agree that Reckon collects information from you when
registering, activating and validating the Services and when you use the
RahV2 V1.0
3
Services including your use of technical support in relation to the Services.

This information is collected to enable you to access and use the Services and
to enable the Services to be provided to you, it is also collected for other
purposes such as to improve our Services to you.

For details on: why, when and how we collect, use, store and to whom we may
disclose your personal information; and how you can contact us if you want to
access or correct
personal information or make a complaint, please refer to Reckon’s Privacy
Statement on our Website.

By activating and using the Services, including technical support, you consent to
Reckon's collection and use of the information collected from you in accordance
with Reckon's then current Privacy Policy.
Third party access to your information:

Reckon may use certain third parties to help Reckon to analyse, provide and
improve the Services (including but not limited to data storage, maintenance
services, database management, web analytics, payment processing, and
improvement of the Service’s features), and some technical support services.

Reckon uses third party hosting services to host some of your information (for
example, customer data) in Australia.

Reckon may also collate your data which has been created or stored using the
Services in unidentified form, for the purpose of disclosing it to third parties, for
example, for benchmarking purposes.
Please refer to Reckon’s Privacy Policy for more details of third party access to
your information.
Third Party Online Services:

The Services may contain access to, or features that interface with, third party
online services ("Third Party Online Services"), such as bank data feeds. 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 and access to the Third Party Online
Services may be terminated if you do not pay the required charges. 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. You are
RahV2 V1.0
4

responsible for determining the most appropriate back-up strategy for your data
to meet yours or your business’ needs. 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.
The Services include Data Storage Space for you to back-up your data created
using the Services (“Your Back-Up Data”). Except as required by the Consumer
Guarantees, you are solely responsible for the set up and use of the Data
Storage Space included in the Services.
Data storage Space:


Your Subscription Fee includes Data Storage Space up to the relevant Data
Storage Limit for your day to day transaction data and for Your Back-Up Data.
If you need to increase the amount of Data Storage Space for either your day to
day transactional data or Your Back-Up Data during your Subscription Period,
you may be required to pay the Additional Data Storage Space Fee as set out on
the Website at the relevant time, for the additional space. If your Subscription for
the Services is cancelled or terminated for any reason you will no longer have
access to your Data Storage Space.

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 subscribers only:

One Accounts Enterprise licence is provided per customer with purchase of first
current Accounts Hosted licence by the customer, regardless of number of
users. Additional licences need to be purchased for multi user sites of Accounts
Hosted. If you wish to use Accounts Enterprise Desktop only, then you may do
so for the remaining period of your Accounts Hosted 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
RahV2 V1.0
5
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 including any bank, will be responsible for
any data submitted, entered or created using the Services or any Third Party Services
(for example, including but not limited to bank data feeds), 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. You are responsible for the
accuracy of all data entered; all output created by you relying on the data entered; and
where relevant, that any data or document lodged is accurate, timely and is compliant
with all relevant laws and regulations, including keeping the required documentation
and records needed to be kept to meet regulatory requirements in relation to the
information or material lodged and any other data retention or compliance
requirements. 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
RahV2 V1.0
6
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:
contact number:
contact email:
1.
2.
Level 12, 65 Berry Street, North Sydney, NSW 2060
1300 784 253
[email protected]
LICENCE
a.
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 12.
b.
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 10.
c.
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.
USE OF THE SERVICES
a.
Single User licence: If you have purchased a Single User Licence it only allows one user of the Services.
b.
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.
c.
Data Storage Space:
i.
d.
The Services include Data Storage Space for:
A.
Your day to day transactions; and
B.
Your Back-Up Data. You are solely responsible for the set up and use of the Data Storage Space
for Your Back-Up Data.
ii.
Your Subscription Fee includes Data Storage Space for your day to day transactions and Your Back-Up
Data.
iii.
If you need to increase the amount of Data Storage Space for either your day to day transactional data or
Your Back-Up Data during your Subscription Period, you may be required to pay the Additional Data Storage
Space Fee.
Access to the Service:
i.
All access to the Services is solely verified by user Login and password;
ii.
You are entirely responsible for maintaining the confidentiality of all your access details (eg user name and
password) and every user on your Account;
iii.
You agree only to grant access to the Services for use by you or on your behalf;
iv.
You are entirely responsible for the access rights that are granted to any person or other users under your
Account;
v.
You are responsible for any and all activities that occur under your Account by any person or persons;
RahV2 V1.0
7
vi.
You are responsible for the accuracy of all information and authorisations provided to Reckon or any third
party service providers, relating to the Services or access to any of the Third Party Online Services, for
example bank data feeds;
vii.
You agree to notify Reckon immediately of any unauthorised use of your Account or any other breach of
security;
viii.
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;
ix.
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; and
x.
Access to your Account may be restricted by user login and passwords
e.
Data: Your data includes the information contained in the files that you or your other users create, upload, download
and access using the Services for yourself or on the behalf of others. You own the data, or are responsible for the
data on behalf of third parties, and you are solely responsible for the content of the data.
f.
BankData: You must have a current subscription to Reckon BankData to have access to bank data feeds. Your
access to the bank data feeds are subject to your bank's terms and conditions and their acceptance of your
application to supply the bank data feeds. This Licence will entitle you to the number of bank data feed import
transactions for you which you have subscribed and paid. The Reckon BankData licence is transferable between the
Services and the Reckon Accounts desktop products, excluding EasyStart, as specified on the Website, which may
be updated from time to time. You must purchase a separate licence if you want to import bank data feeds bank
feeds into other Reckon products, such as Reckon One.
g.
Internet access: You acknowledge and agree:
h.
i.
Use of the Services requires internet access;
ii.
Speed of internet access will vary and may be affected by factors beyond the control of Reckon;
iii.
Any access to the internet involves security risks and new threats to internet security are continually
evolving; and
iv.
You accept responsibility for maintaining your own security regarding access to the internet and protection of
your data.
No unlawful or prohibited use: It is a condition of your use of the Services, that you will not yourself, or allow others:
i.
To use the Services for unlawful purposes or any purpose prohibited by the terms of this Licence;
ii.
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;
iii.
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;
iv.
To obtain or attempt to obtain any materials or information through any means not intentionally made
available through the Services;
v.
To knowingly or recklessly post, link to, install or transmit, or permit third party users to post, link to or to
transmit:
vi.
RahV2 V1.0
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.
To knowingly or recklessly transmit, or permit third party users to transmit unsolicited emails in breach of
8
Australian or New Zealand law.
i.
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:
•Australia - AEST or AEDST
New Zealand - NZT or NZDT
j.
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.
k.
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.
l.
Accounts Enterprise Licence(s) required: One Accounts Enterprise licence is provided per customer with purchase of
first current Accounts Hosted licence by the customer, regardless of number of users. Additional licences need to be
purchased for multi user sites of Accounts Hosted. If you wish to use Accounts Enterprise Desktop only, then you
may do so for the remaining period of your Accounts Hosted (Premium) licence.
m. General restrictions: You must not:
3.
i.
use or rely upon the Services for any purpose or in any manner for which the Services is not warranted;
ii.
copy, reproduce, translate, adapt, vary, merge or modify or create any derivative work based on the
Services;
iii.
reverse engineer, decompile, disassemble, reconfigure or otherwise attempt to discover the source code of
the Services; or
iv.
sell, market, network, transfer, lease, license, sub-license, rent, lend, share or otherwise dispose of or
distribute the Services and/or the relevant Login, password or other access details; or
v.
use the Services to provide bureau, hosting or other services by internet or by any other means.
SECURITY OF YOUR ACCOUNT AND DATA
a.
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.
b.
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.
c.
Back-up: Although Reckon does regular back-ups on its overall infrastructure you should also ensure you conduct
regular backups of your data. You are responsible for determining the most appropriate back-up strategy and
conducting your own back-up of your data to meet yours or your business' needs. Except as required by the
Consumer Guarantees, You are solely responsible for the set up and use of the Data Storage Space or Your BackUp Data.
d.
Data retention requirements: 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.
RahV2 V1.0
9
4.
5.
SERVICES ACTIVATION AND VERIFICATION
a.
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.
b.
Charges for reactivation: Reckon may charge you a fee for technical support if it needs to reset your password.
c.
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. However, an electronic copy of your Data at Termination
will be made available for you to download for your subsequent reference. Thereafter your data will be destroyed 30
days after the expiry of your subscription. You remain solely responsible for complying with all applicable accounting,
tax and other laws, especially regarding document retention.
d.
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.
DATA COLLECTION & PRIVACY
a.
Data collection: You acknowledge and agree that Reckon collects information from you when registering, activating
and validating the Services. Additional information may also be collected in relation to your use of the Services
including your use of technical support in relation to the Services. The information collected may include personal
information. Where you disclose personal information to us about other people, or other data you have created, used
or collected from or about your customers or other third parties using the Services (“Other Personal Information”), by
way of example, details of other authorised users, employees' superannuation details, client accounts or tax details,
you warrant that you have obtained consent to disclose the Other Personal Information to us to be handled, stored
and disclosed in accordance with this Agreement and our Privacy Policy.
b.
Privacy: Reckon handles all personal information in accordance with the Privacy Act 1988 (Cth) and the applicable
Privacy Principles as set out in our Privacy Policy. Please refer to Reckon's Privacy Policy on our Website
www.reckon.com, for details on:
i.
ii.
iii.
6.
why, when and how we collect, use, store and disclose your personal information; and
how you can contact us if you want to access or correct personal information: and/or
make a complaint.
c.
Disclosure of your information: You agree to allow Reckon to use and disclose any personal details provided to, or
collected by Reckon in connection with this Licence in accordance with Reckon's then current privacy policy
displayed on the Website. You acknowledge that we may be required to allow access to your data or Confidential
Information, by law or government agency, including the New Zealand IRD (which will be made available to them free
of charge), for which we will not be liable in any way. We will give you as much notice as reasonably possible if we
are required to allow such access and only give access to such information as is required.
d.
Use of the Services: By activating and using the Services, including technical support:
i.
you agree to allow Reckon to collect, use and disclose any personal information provided to, or collected by,
Reckon in connection with this Licence in accordance with Reckon's then current privacy policy displayed on
the Website; and
ii.
you acknowledge that information you disclose to Reckon in accordance with this Agreement and the
Privacy Policy, may also include Other Personal Information you hold about other people, and you agree
that:
A.
you comply with the Privacy Laws in relation to any Other Personal Information including its
disclosure to Reckon and its use by Reckon in accordance with this Agreement and its Privacy
Policy; and
B.
you are responsible and liable for any such use of Other Personal Information by Reckon and will
indemnify Reckon for any complaint, loss or damage relating to Reckon’s use of Other Personal
Information disclosed by you to Reckon.
TECHNICAL SUPPORT
RahV2 V1.0
10
a.
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.
b.
You are also entitled to extended hours of technical support. Currently the hours are Monday to Friday, 8.30am to
7:00pm (AEST).
c.
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.
d.
We also reserve the right at any time to change the hours of operation of technical support for the Services.
e.
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:
f.
7.
8.
i.
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);
ii.
provision of telephone help desk support services;
iii.
access to technical information about the Services contained on the Website.
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.)
THIRD PARTY ONLINE SERVICES
a.
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, bank data feeds 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.
b.
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. You should check with the relevant third party provider
as to the terms and conditions of use. You are responsible for all information and authorisations provided to access
and use any such Third Party Online Services and for any data, form or other output relying on the use of the Third
Party Online Services and/or the Services. In some cases Reckon may be the provider. 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.
c.
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.
LIMITED WARRANTY
This clause 8 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.
RahV2 V1.0
11
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.
a.
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.
b.
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:
c.
9.
i.
the Services will work on all computer hardware platforms or configurations; or
ii.
the Services will be error free; or
iii.
that its use will be uninterrupted.
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.
LIABILITY
a.
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 9, and the limited warranties
provided in clause 8, 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.
b.
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.
c.
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.
d.
General exclusion and limitation: Other than as set out in clauses 9(b) and 9(c), and as required by the Consumer
Guarantees:
i.
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, bank data feeds, 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
ii.
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.
RahV2 V1.0
12
10.
e.
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, including any breaches of the Privacy Laws as a result of your use of the Services
(including any claims made against Reckon (or its authorised distributors) by third parties.
f.
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.
g.
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.
h.
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.
i.
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 bank data feeds, Postec services) the responsibility for which rests with the relevant provider of such Third Party
Online Services or such hardware.
j.
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 any data submitted,
entered or created using the Services or any Third Party Services (for example, including but not limited to bank data
feeds), 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. You are responsible for the accuracy of all data entered; all output created by you
relying on the data entered; and where relevant, that any data or document lodged is accurate, timely and is
compliant with all relevant laws and regulations, including keeping the required documentation and records needed to
be kept to meet regulatory requirements in relation to the information or material lodged and any other data retention
or compliance requirements. 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.
TERM AND TERMINATION OF LICENCE
a.
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 11.
b.
Termination by Reckon for breach: Reckon may terminate this Licence if you are in breach of its terms, including but
not limited to non-payment of the Subscription Fee by the due date, or your use of the Services is not done in good
faith as reasonably determined by Reckon; or you or your business become insolvent or your business goes into
liquidation or becomes subject to any insolvency event or arrangement in any jurisdiction; or as otherwise set out in
this Licence, or as otherwise set out in this Licence.
c.
Early termination (i) (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 11.e; and (ii) You
acknowledge that there is no refund of Subscription Fees for early termination or cancellation of the Subscription of
the Services for the relevant period in which the Subscription was cancelled, terminated or changed. (iii) 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..
RahV2 V1.0
13
11.
d.
Effect of Termination: Upon termination, Services will be discontinued and you will not have access to the Services.
We will make available for your download an electronic copy of your Data at Termination for your subsequent
reference. Thereafter your data will be destroyed after 30 days from the expiry of your subscription.
e.
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.
f.
Survival: Clauses 2, 3, 7, 8, 9 and this clause 10 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.
SUBSCRIPTION TERMS
a.
Reckon Website Facility: All transactions relating to your Subscription, are to be conducted by way of the Reckon
Website Facility.
b.
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 the advance payment of the Subscription Fee in accordance with clause 11(e) and is not linked to
the dates of release, registration or provision by Reckon of any upgrades and/or updates.
c.
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.
d.
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.
e.
Payment: All payments are in advance and calculated according to the Subscription Fees as set out on the Website,
at the time of the relevant purchase or renewal.
i.
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 is non-refundable. After the initial Subscription Period
you may renew your Subscription in accordance with sub-clause (d) (iii) below).
ii.
This Subscription 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 10. 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, for clarity this includes the Data Storage Space, regardless of whether you have paid
an Additional Data Storage Space Fee. If you renew and have paid upfront annual fees for the full 12 month
period, that fee is non-refundable.
iii.
The Subscription can be automatically renewed upon payment of the Subscription Fee on or before the
termination of the expiring Subscription Period for the Services. You will be required to pay the Subscription
Fee for either an annual Subscription with an upfront payment of the then current annual Subscription Fee;
or as a monthly subscription and pay the applicable monthly Subscription Fee in advance on the first
business day of each month. The monthly Subscription Fee may vary subject to 30 days notice to you. You
authorise Reckon to direct debit your monthly Subscription Fee from the bank account nominated by you,
until such time as this Licence is terminated pursuant to this Agreement. You may withdraw or change your
authorisation for payment by way of the Reckon Website Facility with respect to an advance payment or
future renewals of the Services.
iv.
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.
v.
You will be liable for any penalty charges incurred by Reckon by reason of the dishonour or reversal of any
payments made by you.
vi.
All payments remain payable for the entire nominated Subscription Period, whether or not you use the
Services while the subscription remains active.
vii.
If you do not pay the subscription fee as required, this Licence will be terminated in accordance with clause
10 and you will no longer have access to the Services.
RahV2 V1.0
14
12.
TRIAL USE OF THE SERVICES
If you have elected to access the Services as a trial and upon payment of the Evaluation Fee, the terms in this clause
12 also apply to your use of the Services:
a.
b.
13.
Licence: Your licence to use the Services:
i.
permits you to evaluate the Service’s functionality and suitability for your requirements;
ii.
is subject to the provisions of clauses 2, 3, 4, 7, 8 and 9;
iii.
is for 30 Days (Evaluation Period);
iv.
all payments for the Services are non-refundable, even in the event of cancellation, suspension or
termination.
Duration: You acknowledge that your licence to use the Services will only apply for the Evaluation Period. At the end
of the Evaluation Period:
i.
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
ii.
if you wish to use the Services you must pay the Subscription Fee.
c.
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.
d.
Liability: You acknowledge that subject to clauses 9(b) and 9(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 12.
GENERAL
a.
Accounts Enterprise: The current version of Accounts Enterprise Desktop software also known as “Accounts
Enterprise” or “Enterprise”.
b.
Additional Data Storage Space Fee means, where applicable, the monthly fee paid for additional storage space
above the Data Storage Limit.
c.
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.
d.
Confidential Information all information of, or used by a party relating to that party’s transactions, operations and
affairs or that of their clients; (b) all other information treated by the party as confidential; (c) all information the
receiving party knows, or reasonably ought to know is confidential; (d) all copies (whether or not in tangible form) of
the information, notes, reports and other records based on, incorporating or derived from information referred to in
paragraphs (a) to (d); and (e) including the terms of this Agreement as amended; that is not public knowledge, or
required to be disclosed under law, including ASX Listing Rules or Government Agency or otherwise within the
knowledge of the other party (otherwise than as a result of a breach of a confidentiality obligation of that party);
e.
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.
f.
Data at Termination means the electronic copy of your data which may be returned to you on termination in
accordance with the terms of this Licence. The Data at Termination would be the last version of data stored or backed
up by us on your behalf and comprises (a) your day to day transaction data; and (b),the last version of Your Back-Up
Data.
RahV2 V1.0
15
g.
Data Storage Space-means the storage space offered by us as part of the Services up to the Data Storage Limit for the day to day
transactions and for Your Back-Up Data, if any.
h.
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.
i.
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.
j.
Headings: Clause headings are for ease of reference only and do not affect the meaning of this Licence.
k.
Privacy Laws: Privacy Act 1988 (Cth) and the Australian Privacy Principles (“the Privacy Principles”), as amended
from time to time.
l.
Reckon Website or Website: means Reckon's company websites www.reckononline.com.au or
www.reckononline.com.nz
m. Reckon Website facility or Website facility: means the facility accessed via the Website, through which all
transactions and details relating to the Services are conducted, including purchase, renewal and cancellation
Subscriptions.
n.
Subscription Fee: The fee set out on the pricing page of the Website at the relevant time for use of the Services and
is paid in advance for the relevant Subscription Period. The annual Subscription Fee is paid in advance of the
relevant 12 month period. The monthly Subscription Fee can vary with 30 days’ notice to you and is paid monthly in
advance.
o.
Subscription Period: The period for which you have paid the Subscription Fee in accordance with clause 11(d), for
example, for a 12 month period or monthly.
p.
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 10.
q.
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.
r.
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.
s.
Waiver: Any failure to enforce any rights under this Licence by Reckon is not to be taken as a waiver of those rights.
t.
Your Back-Up Data – means the data created by using the Services which you choose to back-up and store using the
Data Storage Space included as part of the Services.
Reckon's Contact details:
business address:
postal address:
contact number:
contact email:
website:
Level 2, ITC Building, 9 City Road, Auckland, New Zealand
Reckon NZ Limited, PO Box 331534, Takapuna, Auckland, New Zealand
0800 RECKON (Toll-free 0800 732 566) +64 9 302 0978
[email protected]
www.reckon.co.nz
Reckon, Reckon logo, Reckon Accounts, R logos, Reckon Online and Reckon Online logo are trademarks of Reckon
Limited. Accounts Hosted software © 2014, Intuit Inc. All rights reserved.
RahV2 V1.0