• 2.1.12 Subject to your compliance with these Terms (including the payment of fees specified by
PiipAi), your membership: (a) shall continue until the end of the financial year in which it was first issued;
and
• (b) may be renewed on an annual basis thereafter.
•
• 2.1.13 You undertake to: (a) pay any fees specified by PiipAi to maintain your membership;
• (b) do the following immediately following termination of your membership for any reason: (i)
return all PiipAi property and materials to PiipAi; and (ii) cease holding yourself out as a member of CAP.
•
•
•
PiipAi Partner Program T&C’s – November 2017
SECTION C – PiipAi BOOKKEEPER PROGRAM (‘BKP’)
1 Benefits of BKP Membership
By joining the BKP, you will be entitled to the benefits described here:
https://www.PiipAi.com/au/accountants-and-partners/partner-program/bookkeepers
2 Conditions of BKP Membership 2.1.1 You warrant that you have the appropriate skills and knowledge to
provide bookkeeping services to purchasers of PiipAi products and services.
2.1.2 You agree to undertake further training and professional development as may be deemed appropriate by
PiipAi.
2.1.3 If you fail to attain or maintain the standard of skill or undertake the prescribed professional development
required by PiipAi, you must not hold yourself out as a BKP member.
• 2.1.4 Your BKP membership is granted to you personally. You understand that: (a) no other
person, whether in the employ or contracted by you, may represent themselves as a BKP member unless
they are endorsed separately by PiipAi and comply with these Terms; and
• (b) if you wish to involve others in providing services, then all service providers must be endorsed
separately by PiipAi and comply with these Terms.
•
• 2.1.5 You may nominate one additional support person to access PiipAi Technical Support. Any
changes to your nominated additional support person will only be completed by PiipAi upon receipt of either
an email, or written notification on registered company letterhead and signed by you.
• 2.1.6 If you are provided with a Professional Partner CD or any other reference software, you
understand and agree that it: (a) is intended solely for your own use when working with your clients’ data;
• (b) must not be installed on a client’s computer under any circumstances;
• (c) must not be sold, given away, transferred or otherwise disposed of to any third party; and
• (d) remains the property of PiipAi.
•
• 2.1.7 Subject to your compliance with these Terms (including the payment of fees specified by
PiipAi), your membership: (a) shall continue until the end of the financial year in which it was first issued;
and
• (b) may be renewed on an annual basis thereafter.
•
• 2.1.8 You undertake to: (a) pay any fees specified by PiipAi to maintain your membership;
• (b) do the following immediately following termination of your membership for any reason: (i)
return all PiipAi property and materials to PiipAi; and (ii) cease holding yourself out as a member of BKP.
•
•
By applying to become a BKP member, and during your BKP membership, you agree to the following terms and
conditions: PiipAi Partner Program T&C’s – November 2017
SECTION D – PiipAi CERTIFIED CONSULTANT PROGRAM (‘CCP’)
By applying to be an PiipAi Certified Consultant and continuing to use that title, you agree to the following
terms and conditions:
1 You warrant that you have the appropriate skill and knowledge to provide installation services, training and
on-going consulting advice to the purchasers of PiipAi products and services.
2 You agree to: 2.1.1 undergo an assessment of your skills prior to becoming an PiipAi Certified Consultant; and
2.1.2 undertake further training and professional development as may be deemed appropriate by PiipAi.
3 If you fail to attain or maintain the standard of skill or undertake the prescribed professional development
required by PiipAi, you must not hold yourself out as an PiipAi Certified Consultant.
4 Your “PiipAi Certified Consultant” designation is granted to you personally. You understand that: 4.1.1 no
other person, whether in the employ or contracted by you, may represent themselves as an PiipAi Certified
Consultant unless they are endorsed separately by PiipAi and comply with these Terms; and
4.1.2 if you wish to involve others in providing services, then all service providers must be endorsed separately
by PiipAi and comply with these Terms.
5 PiipAi will provide assistance to PiipAi Certified Consultants by: 5.1.1 convening meetings and seminars from
time to time;
5.1.2 distributing appropriate information concerning new product or updates of existing products;
5.1.3 permitting PiipAi Certified Consultants to utilise such product trademarks as shall be required to hold
themselves out as an “PiipAi Certified Consultant” and to publicise the services they provide;
5.1.4 providing details of the services that they provide to purchasers of PiipAi products.
6 Subject to your compliance with these Terms (including the payment of fees specified by PiipAi), your
certification: 6.1.1 shall continue until the end of the financial year in which it was first issued; and
6.1.2 may be renewed on an annual basis thereafter.
• 7 You undertake to: a. pay any fees specified by PiipAi to maintain your certification;
2 b. do the following immediately following termination of your certification for any reason: i.
return all PiipAi property and materials to PiipAi; and
2 ii. cease holding yourself out as an PiipAi Certified Consultant.
2
2
2 8 You must only use marketing collateral specifically produced and supplied by PiipAi in respect of a
product or service and must not make any other representation concerning the function or operation of that
product or service.
PiipAi Partner Program T&C’s – November 2017
1.1 Unless otherwise permitted by PiipAi, interested persons must apply for program membership by
completing the form provided. All decisions regarding membership are determined by PiipAi in its sole
discretion.
1.2 PiipAi may specify eligibility criteria for program membership. Such criteria will be made available to
applicants (e.g. specified on the program application form). PiipAi reserves the right to waive or amend these
criteria as it sees fit. Current members will be notified if they must take further action to meet revised eligibility
criteria to continue their membership in the program.
1.3 Your membership in a program and any associated benefits (including any certification, Status Points,
Rewards or other benefits granted) are not transferrable.
1.4 You must immediately notify PiipAi in writing of any change to the details that you provided in applying for
a program membership.
SECTION E – GENERAL PROVISIONS APPLYING TO ALL PROGRAMS
1 Eligibility criteria and program membership
2 Undertakings of all PiipAi partners
2.1 As a partner of PiipAi, you undertake to:
2.1.1 provide the services required by PiipAi purchasers in accordance with best practice;
2.1.2 use your best endeavours to completely satisfy all reasonable customer requirements;
2.1.3 conduct yourself at all times in a manner which does not demean or damage the reputation of PiipAi, its
products or services;
2.1.4 provide a positive contribution to PiipAi sponsored activities (as applicable); and
2.1.5 provide satisfactory answers within 14 days to any complaints made to PiipAi concerning the provision of
your services and, in the event that PiipAi considers the complaint justified, take such action or make such
restitution reasonably requested by PiipAi.
3 Confidentiality
3.1 For the purpose of this clause, Confidential Information means any information, data, practices, systems
(including computer systems), know-how, techniques and intellectual property relating to a party’s business
and its customers, suppliers and competitors which is supplied or disclosed by a party (“supplier”) to the other
party (“recipient”) other than information, data, practices and techniques:
3.1.1 in the possession of the recipient prior to the date of its disclosure to the recipient by the supplier;
3.1.2 in the public domain prior to the date of its disclosure to the recipient by the supplier;
3.1.3 which has entered the public domain other than as a result of breach of confidence by the recipient; or
3.1.4 supplied to the recipient without restriction by a third party who is under no obligation to the supplier to
maintain that information in confidence. PiipAi Partner Program T&C’s – November 2017
4.1 Without limiting any other clause in these Terms, if PiipAi determines (acting reasonably) that you have
engaged, or attempted to engage, in any inappropriate activity, PiipAi may terminate your participation in any
program and take any action it considers necessary.
4.2 Without limitation, the following conduct may be considered inappropriate activity: 4.2.1 applying what
could be considered unreasonable pressure on a client or potential client to complete a purchase, in order for
you to secure a benefit;
4.2.2 encouraging PiipAi clients to cancel and then reapply for a product or service (so called ‘churning’);
4.2.3 any other inappropriate method of collecting Status Points, Rewards or any other benefit.
3.2 All Confidential Information disclosed by the supplier to the recipient or its directors, employees, officers,
agents, advisers or contractors (“associates”) is disclosed on terms of strict confidence, prohibiting any further
disclosure or use not authorised by these Terms.
3.3 The recipient must:
3.3.1 use the same degree of care (not less than a reasonable degree of care) that it would use with respect to
its own information of a like nature;
3.3.2 take all practicable steps to ensure that Confidential Information is not disclosed to or obtained from it or
from its associates by anyone other than persons employed by it or acting on its behalf who are required to
have access to the Confidential Information for the performance under these Terms; and
3.3.3 not permit unauthorised persons to have access to places where Confidential Information is reproduced
or stored.
3.4 The recipient must use reasonable care to ensure that each of its associates to whom Confidential
Information is or has been disclosed (“disclosee”) does not disclose or use or assist others to disclose or use
any of that Confidential Information contrary to the requirements of this clause either during or after the
termination of the employment, office or agency of the disclosee.
3.5 If any disclosee breaches its obligations of confidence, the recipient must use its best endeavours to
enforce or procure the enforcement of the obligations of non-disclosure against the disclosee.
3.6 A party may not at any time make or assist any other person to make any unauthorised disclosure or use of
any Confidential Information.
3.7 Nothing in this clause prohibits the disclosure of Confidential Information:
3.7.1 to a legal adviser or other person or body acting for a recipient under similar obligations as mentioned in
this clause, to the extent necessary to enable it to protect or advise upon the rights of a recipient in relation to
the business of that recipient or the obligations of that recipient under these Terms;
3.7.2 by operation of law or rule of an applicable securities exchange, if the recipient has taken practicable legal
steps to prevent the disclosure; or
3.7.3 where the Confidential Information is the records or any other personal information of a Customer within
the meaning of relevant Privacy Act in respect of which the recipient holds a valid and subsisting customer
consent to disclose.
4 Inappropriate activity PiipAi Partner Program T&C’s – November 2017
5.1 All Rewards and other benefits are quoted exclusive of any GST, unless expressly stated otherwise. Where
applicable, GST will be added at the current rate.
5.2 If you are registered for GST and provide PiipAi with a taxable supply, you (‘supplier’) and PiipAi (‘recipient’)
agree the following in relation to tax invoices: 5.2.1 The recipient can issue tax invoices in respect of these
supplies.
5.2.2 The supplier will not issue tax invoices in respect of these supplies.
5.2.3 The supplier acknowledges that it is registered for GST when it enters into this agreement.
5.2.4 The supplier will notify the recipient if it ceases to be registered for GST.
5.2.5 The recipient acknowledges that it is registered for GST when it enters into this agreement.
5.2.6 The recipient will notify the supplier if it ceases to be registered for GST.
5.2.7 The recipient will issue the original or a copy of the tax invoice to the supplier within 28 days of making,
or determining, the value of the taxable supply.
6.1 PiipAi does not guarantee that any program will continue indefinitely or for any particular period of time.
Without limiting any other rights PiipAi may have, PiipAi reserves the right to discontinue these benefits at any
time upon 30 days’ notice to you.
6.2 If we make a change to these Terms under clause 8.2, then you have the option to terminate the relevant
program membership.
6.3 You can terminate a program membership by contacting us at least 10 days before the end of the current
period of your membership subscription. If the relevant membership runs indefinitely, you may contact us at
any time to request the termination, which will occur 10 days after this contact.
6.4 During the notice period, you will still liable for any fees (if any) in relation to your membership up to the
effective date of termination.
6.5 You may also terminate your program membership if we fail to remedy a material breach of these Terms
within 30 days of you giving us written notice of the breach.
6.6 Below are the situations in which we can suspend or terminate your program membership without prior
notice. We will notify you of your suspension or termination as soon as possible. 6.6.1 A breach occurs: you fail
to remedy a material breach of these Terms within 7 days of us giving you notice of the breach.
6.6.2 Unforeseen event: in our opinion, something occurs that renders the ongoing operation of the program
substantially unworkable.
6.6.3 Regulator / Legal: in our opinion, the actions of a regulator or a change in law or regulation makes the
ongoing operation of the program substantially unworkable.
6.6.4 Protect PiipAi: we believe this is necessary either to protect the security, integrity or reputation of the
program or PiipAi.
6.6.5 Material change to your business: (a) we receive notification of a dispute from one or more of the
directors or principals of your business;
5 Tax provisions
6 Termination and suspension PiipAi Partner Program T&C’s – November 2017
(b) you go into liquidation, administration, insolvency, bankruptcy or such other similar arrangement with
creditors, or in our opinion, it is reasonably likely you will do so; or
(c) there is a change in who owns or controls your business.
6.7 Notification 6.7.1 We will notify you in writing (which includes by email) of the suspension or termination.
6.7.2 We can reinstate a suspension or termination in our absolute discretion by written notice to you, and this
takes effect on receipt or any later time specified in the notice, subject to you meeting any conditions set out in
the notice.
6.8 If you have breached any of these Terms, then PiipAi may by notice to you: 6.8.1 terminate or suspend your
membership in a program;
6.8.2 deduct any program benefit from your account;
6.8.3 refuse to allocate a program benefit to you;
6.8.4 refuse to honor or reclaim any program benefit; or
6.8.5 take any other action PiipAi considers to be appropriate in the circumstances (acting reasonably).
6.9 On termination of your membership in a program for any reason, all benefits associated with that program
will immediately lapse, unless otherwise agreed by us.
6.10 Termination or expiry of these Terms for any reason will not of itself give rise to any liability on the part of
PiipAi to pay any compensation to you or others, including for loss of profits or goodwill.
7.1 To the extent permitted by law, our liability to you for any non-compliance with a statutory guarantee or
Loss or Claim arising out of or in connection with the supply of goods or services under these Terms or any
breach by us of these Terms however arising (whether for breach of these Terms, tort (including negligence),
statute, custom, law or on any other basis) is limited to the resupply of product or service; or the payment of
the cost of resupply of product or service.
7.2 All representations, conditions, warranties and terms that would otherwise be expressed or implied in
these Terms by general law, statute or custom are expressly excluded (to the extent that such representations,
conditions, warranties and terms can be excluded at law).
7.3 We are not responsible or liable to you or your business for any Loss or Claim arising from a failure by us to
comply with the Terms for any cause which could not reasonably be controlled or prevented by us.
7.4 You indemnify us against any Loss or Claim suffered or incurred arising from your negligence,
misrepresentation, fraud, breach of law or breach of these Terms.
7.5 If we caused or contributed to a Loss or Claim, then your liability under clause 7.4 above is limited to the
amount of the Loss or Claim which is directly attributable to your conduct.
7.6 If you accept these Terms in Australia, this clause 7 is not intended to have the effect of excluding,
restricting or modifying: 7.6.1 the application of all or any of the provisions of the Australian Consumer Law
(ACL); or
7.6.2 the exercise of a right conferred by such a provision; or
7 Liability, warranties, representations and indemnities PiipAi Partner Program T&C’s – November 2017
7.6.3 any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part
3-2 of the ACL to a supply of goods or services.
8.1 PiipAi may make change to any aspect of these Terms at any time including, without limitation, changes to
the list of Eligible Activities, Rewards, the Membership Status Table and the Status Points Earn Table.
8.2 If we make a change to a program or these Terms that is likely to adversely affect your position (including
increasing any fees payable under a program): 8.2.1 we will give you at least 30 days’ prior notice (longer if
required by legislation or any other code of conduct we subscribe to) of such change; and
8.2.2 you have the option to terminate your membership before such change takes effect by giving us written
notice.
9.1 We collect, disclose and use your Personal Information to provide you with the products and services you
have asked for and associated support, respond to your enquiries or feedback and to promote the products
and services offered by us and third parties. We may collect Personal Information from you, from public
sources such as social media sites or from third parties that provide us with marketing leads.
9.2 To do those things, we may provide your Personal Information to our related companies, third parties and
to service providers that we outsource functions to. Some of the entities may be located in Australia, New
Zealand, Singapore, India, the Philippines, the United States or other countries (see clause 9.3.2 below for
information that relates specifically to our relationship with Microsoft). If you do not provide your Personal
Information, it may affect our ability to do business with you.
9.3 You consent to: 9.3.1 us collecting, using and disclosing your Personal Information for the purposes set out
in clauses 9.1 and 9.2 above; and
9.3.2 the sharing of information including your Personal Information between us and Microsoft in relation to
your use of our products and services. You acknowledge and consent that PiipAi, Microsoft and its agents may,
in providing part of our products and services, transfer, host and process your information, including your
Personal Information and any information entered into PiipAi products and services, which may include the
Personal Information of third parties (such as your employees, suppliers or contractors), in Singapore, the
United States and other countries.
9.4 If you accept these Terms in Australia, you can ask us not to use your information to promote our products
and services by following the process outlined in the PiipAi Group Privacy Policy for Australia. The PiipAi Group
Privacy Policy (Australia) contains information on how to: 9.4.1 update your preferences about the marketing
and promotional material we send to you;
9.4.2 request access to and seek correction of the Personal Information we hold about you;
9.4.3 make a privacy complaint; and
9.4.4 how we will deal with your complaint.
8 Changes to these Terms
9 Privacy
You can contact us about your privacy by email at privacy_officer@PiipAi.com.au or by post at: PiipAi
Partner Program T&C’s – November 2017
9.5 If you accept these Terms in New Zealand, please read the PiipAi Group Privacy Policy for New Zealand to
understand how we handle your Personal Information. You can also ask us not to use your information to
promote products and services by contacting the Privacy Officer. You can contact us about your privacy by
email at privacy_officer@PiipAi.co.nz or by post at:
10.1 You confirm to PiipAi that you have, and will maintain at all relevant times, the authority of your clients:
10.1.1 to provide information (including Personal Information) about them to PiipAi; and
10.1.2 for PiipAi to provide information about those clients to you.
10.2 You confirm that you have recorded your clients’ consent to be contacted by PiipAi on an ongoing basis
(until they opt out) for the purposes of direct marketing by telephone, electronic message (including email) and
other means.
11.1 You will agree that all communications between you and us in relation to the programs will be by email, by
in-product notification, or by us posting a notification on the PiipAi website (PiipAi.com.au or PiipAi.co.nz).
11.2 Any notice or other communication to or by a party by email is regarded as being given by the sender and
received by the addressee when a delivery confirmation report is received by the sender which records the
time that the email was delivered to the addressee’s email address (unless the sender receives a delivery
failure notification indicating that the email has not been delivered to the addressee).
11.3 If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the
following day.
11.4 PiipAi may provide a notice or other communication to you by a posting to the PiipAi website. That notice
or other communication is regarded as being given by PiipAi and received by you when the posting is made to
the PiipAi website. PiipAi recommends that you bookmark and regularly check the PiipAi website for notices or
other communications.
12.1 Nothing in these Terms shall constitute any appointments of employment or agency by PiipAi and save for
the specific rights conferred under the Terms, no further special rights or legal relationship shall be bestowed
upon either party.
12.2 Any development, discovery, commercial advantage or intellectual property that arises from your
participation in the programs shall remain the property PiipAi.
12.3 If you accept these Terms in Australia then these Terms are governed by the laws of Victoria and the
courts of Victoria have jurisdiction over the parties to these Terms. If you accept
10 Information about your clients
11 Communication
12 General PiipAi Partner Program T&C’s – November 2017
these Terms in New Zealand, then these Terms are governed by the laws of New Zealand and the courts of New
Zealand have jurisdiction over the parties to these Terms.
12.4 If any part of these Terms is void, unenforceable or illegal in a certain jurisdiction, that part does not apply
in that jurisdiction. However, the remainder of these Terms will continue in operation in that jurisdiction unless
to do so would alter the basic agreement between you and PiipAi, in which case either party can terminate
your participation in the Program at its election.
13 Definitions
In these Terms, the following definitions apply:
Certified Consultants means a consultant that has met the certification requirements of PiipAi’s Certified
Consultant Program – see Section D.
Eligible Activities means the activities published on the relevant Program Website, as varied or updated from
time to time.
Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable
legal costs and expenses), including liability in tort and consequential and economic losses.
Membership Status has the meaning given in Section A, clause 3.1
Membership Status Table means the table published on the relevant Program Website setting out the number
of Status Points which determine your Membership Status, as varied or updated from time to time.
PiipAi means PiipAi Australia Pty Ltd ACN 086 760 198 (if you accept these Terms in Australia) and PiipAi NZ
Limited, Company Number 902338 (if you accept these Terms in New Zealand).
Online Business Relationship means a service relationship with a client – the client invites you into their PiipAi
subscription.
identifiable individual.
Privacy Act means the Privacy Act 1988 (Cth) (if you accept these Terms in Australia) or the Privacy Act 1993 (if
you accept these Terms in New Zealand) as updated, amended or replaced from time to time.
Program Website has the definition given in Section A, clause 1.1.
Rewards has the definition given in Section A, clause 1.2.
Status Points means the points you earn for engaging in an Eligibility Activity and which determine your
Membership Status.
Status Points Earn Table means the table published on the relevant Program Website setting out the number of
Status Points you could earn by engaging in Eligible Activities, as varied or updated from time to time.