Terms of Use

1. About these terms

These terms are an agreement between you and Beemur Pty Ltd (ABN 49 644 811 405) of Suite 329/98-100 Elizabeth Street, Melbourne VIC 3000, which runs Billbook ("we", "us"). They cover the Billbook website, the business app, the practice app for accountants and bookkeepers, the client app, our mobile and email services, and anything else we provide under the Billbook name (together, "the service").

By creating an account or using the service you agree to these terms. If you use it for a business or a practice, you confirm you're allowed to agree on its behalf, and "you" includes that business or practice.

These documents also form part of the agreement, and apply where relevant: the Privacy Policy, Acceptable Use Policy, Billing and Refunds terms, AI Terms, Payment and Payroll Terms, API and Developer Terms, and (for practices) the Practice Terms. If one of them conflicts with these terms on its specific subject, that document wins on that subject.

2. Words we use

• Subscriber: the person or organisation that holds an account (a business or a practice) and controls who can use it.
• User: anyone the subscriber lets use the account, including staff, employees using the employee app, an accountant or bookkeeper, and clients using the client app.
• Your data: the information you or your users put into the service, or that comes in from apps you connect.
• Plan: the Free plan or a paid plan, as described on our pricing page.

3. Accounts and users

You must be at least 18 and able to make a binding contract to hold an account. Give us accurate details and keep them up to date.

Keep your sign-in details secure and don't share them. Use the security options we offer, such as two-step sign-in where available. Tell us straight away if you think someone has got into your account.

The subscriber decides who can use the account and what each user can do, and can remove access at any time. The subscriber is responsible for what its users do in the account, as if it had done those things itself.

If you're invited into someone else's account (for example as their accountant, bookkeeper, employee or client), the subscriber of that account controls your access to it.

4. Plans, fees and GST

The Free plan costs nothing. It has the features and monthly allowances shown on our pricing page. Paid plans cost what the pricing page shows at the time you subscribe, plus any add-ons you choose.

Prices are in Australian dollars and include GST. How and when we charge you is set out in the Billing and Refunds terms.

We may change our prices or plan allowances. We'll give you at least 30 days' notice before a price rise or a reduction in your plan's allowances takes effect for you, and the change won't apply to a period you've already paid for. If you don't want to keep going on the new terms, you can cancel before the change starts.

5. Your data

You own your data. You give us permission to store, copy, process and display it only as needed to run the service for you, to keep it secure, to meet our legal obligations and to give you support. This permission ends when your data is deleted, except for copies we must keep by law.

We don't sell your data and we don't use it to show you ads. We may use data that has been combined and de-identified so it can't reasonably identify you or your business (for example, overall usage numbers) to understand and improve the service.

You can export your data at any time using the export tools in the service.

You're responsible for your data: that it's accurate, that you're allowed to put it into the service, and that you've told the people it's about (such as your employees, customers or clients) what you need to under privacy law.

We keep backups and work to protect your data, but you're responsible for keeping your own copies of anything you can't afford to lose, such as by exporting reports and records you need to keep.

If we become aware of a security incident that affects your data, we'll tell you without undue delay and do what's reasonable to contain it.

6. Our software and brand

The service, its software, design and content, and the Billbook name and logo belong to us or our licensors. While you hold an account and follow these terms, we give you a non-exclusive, non-transferable right to use the service for your own business or practice.

Don't copy, change, reverse engineer, resell or build a competing product from the service, except where the law says you can.

If you send us ideas or feedback, we can use them without owing you anything.

7. Using the service properly

You must follow our Acceptable Use Policy. In short: don't use the service to break the law, harm others, send spam, get into accounts or data you're not allowed to, or interfere with how the service runs.

8. Apps and services you connect

You can connect other apps and services to the service (for example an online store, a point-of-sale system, a payments provider or a bank). Their own terms and privacy policies apply to them. They aren't ours, we don't control them and, to the extent the law allows, we aren't responsible for them.

When you connect one, you tell us to send it and receive from it the data needed for the connection to work. You can disconnect it at any time.

9. Not professional advice

Billbook is software. It isn't a tax agent, BAS agent, accountant, financial adviser or lawyer, and nothing in it is personal advice.

Calculations, due dates, suggestions and reports are worked out from the information you and your users enter and the rules built into the service at the time. Check them before you rely on them. You (or your adviser) are responsible for your lodgements, payments, payroll, records and compliance.

10. Availability, support and changes

We work to keep the service available and running well, but it may sometimes be unavailable, including for maintenance. Where we can, we'll schedule maintenance for quiet times and give notice of planned downtime.

We keep improving the service, which means features change. If we make a change that materially reduces a feature of a paid plan you're on, we'll give you reasonable notice first.

We offer support by phone and email. We aim to help quickly but can't promise a particular response time.

11. Coming soon and early features

Some features are marked "coming soon" or offered early before they're finished. Coming soon features aren't available until we say so. Early features may change, have limits or be withdrawn, and to the extent the law allows they're provided as they are.

12. Your consumer rights

Under the Australian Consumer Law you have guarantees that can't be excluded, such as that services are provided with due care and skill and are fit for their purpose. Nothing in these terms excludes, restricts or changes those rights.

Where the law lets us limit our liability for failing to meet a guarantee, and the service isn't of a kind ordinarily acquired for personal, domestic or household use, our liability is limited to supplying the service again or paying the cost of having it supplied again.

13. Limits on liability

To the extent the law allows, and except for your rights described in "Your consumer rights":

• we aren't liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data, however it's caused;
• we aren't liable for loss caused by your data being wrong, by what you or your users do, by apps you connect, or by events outside our reasonable control; and
• our total liability to you for all claims in any 12 months is limited to the greater of the fees you paid us in those 12 months and A$100.

These limits don't apply to liability that can't be limited by law, or to loss caused by our fraud or wilful misconduct.

14. Indemnity

You agree to cover us for loss, cost (including reasonable legal costs) and liability arising from a third party's claim that results from your breach of these terms, your data, or your or your users' unlawful use of the service, except to the extent we caused it.

15. Suspension and ending the agreement

You can close your account at any time from inside the service or by contacting us. Paid plans run month to month; closing stops future charges as set out in the Billing and Refunds terms.

We can suspend or restrict an account, or any user, if: a payment is overdue; you or a user seriously or repeatedly breach these terms; it's needed to protect the service, other customers or the public; or the law requires it. We'll tell you why, and give you a chance to fix the problem first, unless it's urgent or we're not allowed to.

We can end the agreement if you seriously breach these terms and don't fix it within 14 days of us asking, or by giving you at least 30 days' notice for any other reason. If we end it for a reason other than your breach, we'll refund any fees you've paid for time after it ends.

16. After an account closes

Before you close an account, export what you want to keep. For at least 30 days after an account closes, you can ask us for a copy of your data and we'll provide it in a common format.

After that we delete your data or de-identify it, except where the law requires us to keep it longer (for example records we must keep under tax, anti-money laundering or other laws), or where it's in backups that are overwritten on a regular cycle.

Data in a business's own books belongs to that business. If a practice closes its account, the businesses it worked with keep their own books.

17. Privacy

Our Privacy Policy explains how we handle personal information. It forms part of these terms.

18. Confidentiality

Each of us will keep the other's confidential information confidential and only use it for the purposes of this agreement, except where it's already public, was rightfully known before, or must be disclosed by law. Your data is your confidential information.

19. Changes to these terms

We may update these terms. If a change materially affects you, we'll tell you by email or in the service at least 30 days before it takes effect, unless it's needed sooner for legal or security reasons. If you keep using the service after the change takes effect, the new terms apply. If you don't agree, you can close your account before then.

The date and version of these terms are at the top of this page, with earlier versions listed below.

20. Notices

We'll send notices to the email address on your account, or show them in the service. You can send notices to us at legal@billbook.com.au.

21. If something goes wrong

Talk to us first: ring us on 0489 996 331 or email support@billbook.com.au. Most things get sorted quickly.

If we can't sort it out within 30 days, either of us can suggest mediation in Melbourne, sharing the mediator's costs equally. Nothing stops either of us going to court for urgent relief, or you going to a consumer or industry body.

22. Governing law

These terms are governed by the law of Victoria, Australia. Each of us accepts the non-exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them.

23. General

• If a part of these terms can't be enforced, the rest still applies.
• If we don't enforce a right straight away, we haven't given it up.
• You can't transfer this agreement without our written agreement. We can transfer it to a business that takes over the service, and we'll tell you if we do.
• Neither of us is responsible for delays or failures caused by events outside our reasonable control.
• These terms, and the documents they refer to, are the whole agreement between us about the service.