Summary
For any contracts or renewals commencing on or after 28 April 2025, the Terms and Conditions available below shall apply and be binding. Organisations whose contracts commenced before this date will remain subject to the former Terms and Conditions
1. Agreement
- These terms and conditions create a contract between you and MyHR Australia Pty Ltd (ACN 620 586 003) (we, our, us) in relation to your access and use of our MyHR Payroll Platform (Platform).
- By using or agreeing to access our Platform in any way, you agree to be bound by
- these terms and conditions;
- our Privacy Policy (https://app.myhr.works/privacy);
- the MyHR Terms and Conditions (https://app.myhr.works/terms-and-conditions); and
- the End User Terms (https://www.keypay.com.au/terms-and-conditions), each as may be amended or updated from time to time.
- If you are a Managed Payroll Service user
- the Admin Army End User Terms INSERT LINK)
1.3 In the event of inconsistency, the order of priority is the order listed in clause 1.2, with these terms and conditions taking precedence.
1.4 If you do not agree to these terms, please do not use or access or use our Platform.
1.5 Following the initial contract term, we reserve the right to update and change these terms from time to time on 30 days’ notice. By continuing to access the Platform after this notice period expires, you agree to be bound by the updated or changed terms. If you do not agree to the updated or changed terms, you may terminate the Service (without incurring any termination charge) at any time in accordance with section 12.4 of these terms.
2. Registration and Use
2.1 Registration is required to access the Platform.
2.2 When registering, you must:
- provide accurate, current information; and
- keep registration credentials confidential.
2.3 You are responsible for any use of the Platform under your credentials.
2.4 While using the Platform, you must not:
- submit false or infringing information;
- use the Platform unlawfully or inappropriately;
- breach privacy or proprietary rights of others;
- introduce viruses, malware, or harmful code;
- use bots, scrapers, or automated access;
- violate usage policies or procedures;
- misuse personal or confidential information;
- access other users’ data or services;
- send unsolicited or offensive content.
3. Service Inclusions
3.1 Software Troubleshooting (Included in all plans):
- Adjusting company settings, award and role adjustments (excluding initial setup), system configuration, and user access queries.
3.2 Payroll Specific Support (up to 3 hours/month):
- Pay rate amendments, termination pay processing, open pay period reviews, taxable earnings, award application, EOFY support, and post-implementation journal help.
4. Service Plan Features
|
Feature |
Payroll Basic |
Payroll Premium |
|
Software Troubleshooting |
Unlimited |
Unlimited |
|
Payroll Specific Support |
3 hours per month |
3 hours per month |
|
Online ATO Forms |
✔ |
✔ |
|
Superannuation |
✘ |
✘ |
|
Super Processing Fee |
$0.15 per employee |
$0.15 per employee |
|
Time & Attendance |
✘ |
✔ |
|
Pay Conditions |
✘ |
✔ |
|
Awards |
✘ |
✔ |
|
Rostering |
✘ |
✔ |
|
Dimensions |
✘ |
✔ |
|
Back Payment Functionality |
✘ |
✔ |
|
AutoPay |
✘ |
✘ |
|
Employee Self-Setup |
✔ |
✔ |
|
Occupational Absence |
✘ |
✔ |
|
Premium Integrations |
✘ |
✔ |
5. Payment
5.1 Subscription and agreed usage fees must be paid via credit card or other approved method. Monthly auto-withdrawals may be initiated.
5.2 Fees are billed monthly and due within 7 days of billing.. Amounts are based on the higher of minimum contractual usage or actual billable employees. SMS fees: $0.15 each.
5.3 Employees are billable if they are included in a finalised pay run, approved for leave or expenses, scheduled for shifts, or submit approved timesheets.
5.4 Overdue amounts bear 12% p.a. interest, compounded monthly from the due date up to and including the date of actual payment of the due amount and all interest.
5.5 You must cover recovery costs for overdue amounts.
5.6 All payments are non-refundable unless agreed or required by law.
5.7 Use of the Platform beyond subscribed limits may result in a 12-month charge at the highest per-employee rate and a $1,200 consultancy fee.
5.8 All charges exclude GST unless otherwise stated.
5.9 Following the initial contract term, our fees are subject to change upon 30 days’ notice from us. The changes to the fees will apply to each month following the expiry of the notice period. If you are unhappy with any modification or price change, you may terminate the access and use of the Platform (without incurring any termination charge) at any time in accordance with clause 12.4 of these terms.
6. Our Platform
6.1 You use the Platform at your own risk. Evaluate content and services for suitability.
6.2 We are not liable for any system damage caused by use of the Platform or linked websites. Use your own virus protection.
6.3 We may update the Platform or these terms at any time. Continued use implies acceptance.
7. Security
7.1 You are responsible for all account activity, keeping credentials secure, and reporting misuse promptly.
7.2 The internet is not secure and interactions may be intercepted.
7.3 We do not guarantee the Platform is free of harmful code and are not liable for security breaches or data loss.
8. Linked Sites
8.1 The Platform may contain links to third-party websites. We do not endorse or control these sites.
8.2 Links are for convenience only and not recommendations.
8.3 We are not liable for loss resulting from use of third-party sites.
9. Third Party Content
9.1 Third Party Content on the Platform does not imply endorsement.
9.2 Use of Third Party Content is at your risk. We are not responsible for third-party actions or errors.
9.3 We do not review or update Third Party Content.
9.4 We do not guarantee use of the Platform won't infringe third-party rights.
10. Intellectual Property
10.1 We or our licensors own all IP rights in the Platform and Content.
10.2 Access does not grant you ownership or rights to Content.
10.3 You may view and use Content for personal, non-commercial purposes only.
10.4 You must not copy, distribute or alter Content without our permission.
10.5 You may download limited copies for personal use, retaining all notices.
10.6 Do not use our name, logos, or branding without written consent.
11. Confidentiality
11.1 You must keep all confidential information accessed via the Platform secure and undisclosed.
11.2 This excludes information that is already public, independently developed by you, or authorised by us for release.
12. Suspension and Termination
12.1 We may suspend access if fees are overdue or a breach is suspected. We will generally endeavour to give you at least 20 days' prior notice of any suspension of access, however we may give a shorter period of notice, or no prior notice, if you have breached these terms, or we consider this necessary to preserve the integrity or security of the Platform and/or the service or to comply with any legal requirement.
12.2 Suspension may be lifted after payment and breach remedy.
12.3 Minimum contract term is 12 months. Subject to 12.4 a), below, no termination by you without cause is permitted during initial term. Notify us before term ends to avoid auto-renewal for a further 12 month period. If no notification is received by us before the end of the initial contract term then the contract between us shall renew for a further 12 month period.
12.4 Either party may terminate:
immediately for insolvency or material breach; and
Following the minimum contract term, with 90 days notice.
12.5 Upon termination:
- Platform access ends;
- Outstanding fees become immediately due;
- You are responsible for exporting your data;
- We will delete Customer Data;
- Prior rights remain enforceable.
12.6 'Customer Data' includes all user-provided data, files, and inputs.
12.7 If we permanently terminate your access to the Platform and, at the time of termination, you are not in breach of these terms, we will provide you with a pro-rata refund of any fees you have previously paid in advance and which relate to a period after the date of termination.
13. Disclaimer
13.1 Access is provided 'as is' and we disclaim warranties of completeness, suitability, or uninterrupted service.
13.2 Our Partner Admin Army provides all MyHR payroll system support—not payroll, tax, or superannuation advice.
13.3 Clients are responsible for compliance with all applicable laws.
13.4 For compliance advice, consult a registered BAS or Tax Agent.
13.5 Admin Army/ MyHR Payroll Support is not acting as a registered BAS Agent for this engagement.
14. Liability and Indemnity
14.1 We are not liable for indirect, consequential or third-party losses, lost data, or errors due to your input.
14.2 We are not liable for failure due to circumstances beyond our reasonable control.
14.3 Our Liability is limited to fees paid by you during the month of the claim.
14.4 You must indemnify us against all claims, costs, damage and loss arising from your breach of any of these terms. If required by us, you must pay us for any costs (including by not limited to legal and debt recovery agent costs) relating to the recovery of any fees that are due but have not been paid by you. We must indemnify you against all claims, costs, damage and loss arising from our breach of any of the terms.
15. General
15.1 These terms are governed by the laws of New South Wales.
15.2 We may seek urgent injunctive relief.
15.3 No waiver applies unless in writing.
15.4 If a clause is invalid, the remainder remains in effect.
15.5 You may not assign your rights without consent.
15.6 These terms are the entire agreement in relation to your access and use of the Platform.
15.7 Clauses relating to fees, IP, confidentiality, liability, and termination survive termination.
15.8 If any provision or part-provision of these terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.