XERO DESKTOP AMNESTY PROMOTION - TERMS AND CONDITIONS
1. These terms and conditions govern Xero’s Desktop Amnesty promotion (the Promotion). The Promotion is operated by Xero Australia Pty Ltd (Xero).
2. The Promotion is open to participants in Australia only. Participants must be either:
(a) a small or medium sized business (a Business); or
(b) an accountant or bookkeeper who is acting on behalf of a small or medium sized business client (an Accountant/Bookkeeper).
3. The Promotion start date is 5 March 2019. The Promotion ends on the earlier of:
(a) the date that a total of 1,000 qualifying subscriptions have been created under the Promotion;
(b) 31 March 2019, or
(c) such other date as Xero may publicise from time to time on its website www.xero.com;
(the Promotion Term). When the Promotion Term has ended, Xero will state this on a webpage at www.xero.com.
How to participate
5. To participate in the Promotion you must register at the featured Promotion webpage at https://www.xero.com/au/campaigns/convert/ during the Promotion Term (your Registration).
6. In order to participate in the Promotion, the organisation for which the Xero subscription is being created must be a current user of one of the following desktop accounting products only (Convertible Accounting Products):
(a) MYOB AccountRight Live
(b) MYOB AccountRight Standard
(c) MYOB AccountRight Plus
(d) MYOB AccountRight Premier
(e) Reckon Pro
(f) Reckon Premier
(g) Reckon Enterprise.
7. If the organisation is not a user of a Convertible Accounting Product, then you will not be eligible to participate in the Promotion.
8. During the registration process, you must tell us which Convertible Accounting Product the organisation uses. You must also promptly provide evidence of this (for example a photograph), if we ask for it.
9. If you attempt to participate in the Promotion after the Promotion Term has ended, then we will notify you and you will not be deemed to have participated in the Promotion.
Subscriber and Subscription
10. Following your Registration, a conversion must take place which results in the creation of a Xero Standard or Premium subscription for the same organisation (Subscription), within 4 weeks. Please see section 19 below for how this will happen.
11. THE PROMOTION CANNOT BE USED FOR THE CREATION OF ANY XERO SUBSCRIPTION OTHER THAN STANDARD OR PREMIUM. IT CANNOT BE USED FOR THE CREATION OF STARTER OR PARTNER EDITION SUBSCRIPTIONS.
12. The Subscriber is the person who registers to use the Subscription and is then responsible for paying the monthly subscription fee to Xero. The Subscriber is identified by their email address. The Subscriber is usually either:
(a) a representative of the Business; or
(b) a representative of the Accountant/Bookkeeper.
13. If you (acting as Subscriber) participate in the Promotion and enable the creation of a Subscription, and then:
(b) you remain the registered Subscriber for the duration of the 15 Months, such that there is no change to the registered Subscriber (except that if the Subscriber is an Accountant/Bookkeeper, they may transfer the Subscription to another individual who works for the same Accountant/Bookkeeper firm that the Subscriber worked for on the day that the Subscription was created - transfers to a different firm or individual are not permitted);
(c) the Subscription is not suspended for any reason;
(d) you pay the monthly fees for the Subscription each month during the 15 Months; and
(e) you do not downgrade the Subscription to an edition of Xero that has a standard monthly retail price of less than $50;
then at the end of the 15 Months, Xero will refund to you a one-off amount of $500 (the Payment). The Payment will be made as a direct payment into the Subscriber’s nominated, valid Australian bank account. The Payment cannot be made to anybody other than the Subscriber.
14. If you set up more than one Subscription under this Promotion, then Xero will refund a Payment to you for each Subscription that is converted from a Convertible Accounting Product, provided that you have satisfied the requirements of section 13 for each Subscription and complied with all of these Terms.
15. At the time that the Payment is due to be made, Xero will ask you (as Subscriber) for a document to show your valid Australian bank account details. You must promptly provide this document to Xero, in accordance with Xero’s instructions.
IMPORTANT - WHO IS THE PAYMENT MADE TO?
16. THE PAYMENT WILL BE MADE TO THE PERSON WHO REGISTERS AS THE SUBSCRIBER. THE PAYMENT WILL ONLY BE MADE IF THE SUBSCRIBER REMAINS THE SAME PERSON DURING THE WHOLE OF THE 15 MONTHS (EXCEPT THAT IF THE SUBSCRIBER IS AN ACCOUNTANT/BOOKKEEPER, THEY MAY TRANSFER THE SUBSCRIPTION TO ANOTHER INDIVIDUAL WHO WORKS FOR THE SAME ACCOUNTANT/BOOKKEEPER FIRM THAT THE SUBSCRIBER WORKED FOR ON THE DAY THAT THE SUBSCRIPTION WAS CREATED, AND IN THAT CASE XERO WOULD MAKE THE PAYMENT TO THE CURRENT REGISTERED SUBSCRIBER. IF THE SUBSCRIPTION IS TRANSFERRED TO A DIFFERENT FIRM THEN XERO WILL NOT MAKE A PAYMENT).
17. XERO WILL NOT MAKE A PAYMENT IF THE SUBSCRIBER CHANGES AT ANY TIME DURING THE 15 MONTHS (EXCEPT AS REFERRED TO IN SECTION 16 ABOVE).
18. IF YOU FAIL TO MEET ANY PAYMENT FOR YOUR SUBSCRIPTION OR IF YOU DOWNGRADE YOUR SUBSCRIPTION TO A XERO EDITION THAT HAS A STANDARD MONTHLY RETAIL PRICE OF LESS THAN $50, THEN XERO WILL NOT MAKE A PAYMENT.
How to convert from your Convertible Accounting Product
19. A Conversion takes place when the data in your Convertible Accounting Product is converted into a format recognised by the Xero platform. Each Conversion will be performed by a third party company called Jet Convert Pty Ltd or another company selected by Xero in its sole discretion (Conversion Services Provider).
20. Following your Registration you must:
(a) follow the steps requested by Xero and the Conversion Services Provider; and
(b) provide the Conversion Services Provider with all reasonable assistance.
21. The Conversion Services Provider will be responsible for providing any support required in relation to a Conversion.
22. Xero will pay the Conversion Services Provider for standard Conversion. Please note:
(a) in no event is this payment redeemable by you for cash;
(b) if the Conversion Services Provider cannot perform the Conversion following a reasonable attempt (for example if your Convertible Accounting Product contains data that cannot be converted during a standard Conversion) then we will contact you and you will need to arrange and pay for another service provider to perform the Conversion; and
(c) if you ask the Conversion Services Provider to perform any additional or premium services, then you will be invoiced by the Conversion Services Provider for the increased cost relating to the additional or premium service provided and Xero is not responsible for this.
23. The Conversion Service Provider’s services are governed by its terms and conditions. Jet Convert Pty Ltd’s terms and conditions are here: https://jetconvert.com/terms-conditions/
24. Xero does not make any representations or warranties in relation to the Conversion undertaken by the Conversion Services Provider. Xero does not warrant that the Conversion will be completed by a particular date.
25. You are advised to compare the trial balance information in your former desktop accounting platform and in your Subscription and confirm the data that has been converted is indeed what you expect. Furthermore, Xero does not represent or warrant any converted data or the Conversion will meet your requirements or suitability for any particular purpose. All implied conditions, representations or warranties are excluded, to the extent permitted by law, including without limitation warranties of merchantability, fitness for a particular purpose title, and non-infringement.
26. Following the Conversion, the Conversion Services Provider will transfer the Subscription to the Subscriber (and this will not count as a change to the Subscriber for the purpose of section 17 above).
Changes to your Subscription
27. Your Subscription must start off as a Xero Standard or Premium subscription. At any time you can change your Subscription provided that you do not downgrade your Subscription to a Xero edition that has a standard monthly retail price of less than $50.
28. If Xero changes our standard subscription plans, then we will put your Subscription onto the subscription plan that we think is most suitable for you. You can select a different subscription plan instead, provided that you do not downgrade your Subscription to a Xero edition that has a standard monthly retail price of less than $50.
29. ACCOUNTANTS/BOOKKEEPERS: It is your responsibility to make any necessary disclosures to your client about any payment you receive under the Promotion, for example any disclosure obligation that may arise if the payment amounts to a referral fee.
30. You represent and warrant that you have the right to provide data in connection with a Conversion to Xero and the Conversion Services Provider, as applicable, and to otherwise instruct the completion of a Conversion.
31. The Promotion is not available to Xero employees. It is not available in respect of existing Xero subscriptions (including trial subscriptions).
32. The Promotion is not available in conjunction with another offer.
33. Xero may vary or add to these Terms, or impose limitations and exclusions in relation to the Promotion, or any benefits related to the Promotion, at any time in its sole discretion. If Xero varies these Terms, then the varied Terms will apply to all participants, from the date of the variation.
34. Xero reserves the right to vary or terminate the Promotion generally, or its approval of your participation in the Promotion, at any time. Xero may decline any application to register for the Promotion or otherwise participate in the Promotion, without being required to provide reasons.
35. You acknowledge and agree that you will only use your Subscription for your own lawful internal business purposes.
36. If there is any complaint or dispute relating to the Promotion, Xero shall address the complaint or dispute, acting in its sole discretion.
37. All content provided as part of the Promotion is general in nature and should not be taken as professional taxation, financial, business or legal advice. Xero recommends that customers always obtain specific and detailed professional advice about any proposed business activity.
38. To the maximum extent permitted by law, Xero excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Promotion and any Conversion.
39. These Terms are governed by and will be construed in accordance with the laws of Australia and each party irrevocably submits to the exclusive jurisdiction of the courts in Australia.