Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions (Terms) govern your access to the Jet Convert website and Jet Convert providing data conversion, migration and related services (Services). In these Terms, Jet Convert, we, us or our means the Jet Convert Pty Ltd ABN 70149977784.

The Services are supplied on a business-to-business basis and are not intended for personal, domestic or household use. The version of these Terms in force when you place an order applies to that order unless we agree otherwise with you in writing.

1. READING AND ACCEPTING THESE TERMS
   1. By ticking an acceptance box, submitting an order through our website, paying any fee, providing a file for conversion, confirming an order by telephone or email, or otherwise instructing us to commence the Services, you agree to be bound by these Terms.
   2. If an order is placed by telephone or another offline channel, we may send you a written order confirmation linking or attaching these Terms. If you then instruct us to proceed, provide the relevant file, or otherwise accept the benefit of the Services, you will be taken to have accepted these Terms.
   3. We may maintain records of the version of these Terms accepted or otherwise applicable to an order, including by storing the version published on the order date, an order confirmation, or an audit record of acceptance.
2. ORDERS, AUTHORITY AND CLIENT WARRANTIES
   1. When placing an order, you warrant and represent that all information you provide to us is true, correct, complete and not misleading.
   2. You warrant and represent that you have all rights, authorities, licences, consents and permissions necessary to provide, upload, disclose, transfer and authorise us to access, process, store, convert and use the Client Data for the purposes of providing the Services, including any permissions required from your client, personnel, end users or any other relevant person.
   3. You are responsible for giving any notices and obtaining any consents required under applicable law in connection with the Client Data, including any personal information contained in the Client Data and any international disclosure or processing of that data as contemplated by these Terms and our Privacy Policy.
   4. If you upload a file for conversion, you warrant and represent that the file was created and activated by a properly licensed user, is lawfully provided to us, does not infringe any third-party rights, and is free from malicious code, ransomware, spyware, viruses and other harmful components.
   5. You indemnify us against any loss, liability, claim, damage, cost or expense (including reasonable legal costs) arising out of or in connection with your breach of this clause, except to the extent that the relevant loss was caused by our breach of these Terms, negligence, fraud or wilful misconduct.
3. XERO SUBSIDISED TRANSACTIONAL HISTORY
   1. Where Xero subsidises a conversion, the subsidy ordinarily covers the current and previous financial year, with current financial year determined by the applicable taxation authority rather than the financial year setting within the source file.
   2. Depending on when the conversion commences, this will usually result in approximately 12 to 24 months of transactional history being converted. If you require a different scope, reduced history or balances-only conversion, you must raise that with us before the Services commence and additional fees may apply.
4. DELIVERY TIME
   1. For files under 350MB, our target turnaround time is 3 Business Days for MYOB Desktop conversions and 5 Business Days for other conversion types. Many conversions are completed sooner, including within 24 hours, but stated timeframes are targets only and are not guaranteed service levels.
   2. Turnaround times may vary depending on file size, complexity, data quality, system issues, third-party platform availability, unsupported content, required manual review, or any issue outside our reasonable control.
5. SERVICES, SCOPE AND CONVERSION ASSUMPTIONS
   1. We perform quality assurance checks throughout the conversion process to help maintain the accuracy and integrity of converted data. However, because accounting platforms, data structures and reporting logic differ, we do not guarantee that all data, reports, balances, coding, fields, metadata or functionality will convert or display identically across systems.
   2. We convert Client Data as it exists in the source file at the time we commence the conversion. Unless expressly agreed otherwise in writing, we do not audit, reconcile, verify, cleanse, remediate, reclassify or correct the underlying accounting records in the source system.
   3. We are entitled to rely on the Client Data as supplied. We are not responsible for omissions, corruption, pre-existing errors, misclassifications, unsupported fields, unsupported platform features, system-specific functionality, display differences, API limitations, import rules, subscription limitations, or other limitations imposed by the source system or any Third-Party Platform.
   4. A Conversion Issue means a material error directly caused by our conversion process causing converted data to materially fail to reflect the source data within the agreed scope of the Services. A Conversion Issue does not include a display difference, source-data issue, unsupported feature, post-conversion user action, client preference issue, reporting methodology difference, or any issue caused by a Third-Party Platform.
   5. We provide data conversion services only. We do not provide accounting, audit, tax, financial, legal or other professional advice, and you are responsible for obtaining your own independent advice where required.
   6. While most files can be successfully converted using our standard process, some files may require reduced transaction history, balances-only conversion, additional remediation work or may not be supported due to source file structure, quality or platform limitations. 
6. DELIVERY, REVIEW AND ACCEPTANCE
   1. Delivery occurs when we send you the converted file, migration completion notice, access credentials, or other notice that the converted data is available for your review.
   2. You must review and verify the converted data promptly after Delivery and before relying on it for operational, financial, reporting or business purposes. Your review must be undertaken by reference to the source file, agreed reports, and any other reasonable validation criteria relevant to the agreed scope of the Services.
   3. If you believe there is a Conversion Issue, you must notify us in writing within 14 days after Delivery and provide reasonable particulars of the issue, including the affected data, the nature of the alleged discrepancy and any supporting evidence we reasonably request.
   4. If you do not notify us of a Conversion Issue in accordance with this clause within 14 days after Delivery, the Services will be taken to have been accepted by you, subject only to any rights or remedies that cannot lawfully be excluded.
   5. Post-Delivery changes by you or any third party, including new transactions, bank feeds, reconciliations, journal entries, mapping changes, user edits or platform updates, may affect our ability to investigate, reproduce or remedy any alleged issue. Because of ongoing activity in converted files, we are not obliged to investigate conversion queries raised more than 2 months after Delivery.
7. THIRD-PARTY PLATFORMS
   1. Our Services involve Third-Party Platforms, including Xero, QuickBooks, MYOB and other software providers. We are not responsible for the functionality, availability, outages, security, pricing, subscription requirements, file structures, APIs, import rules, display logic, reporting logic or changes made by any Third-Party Platform.
   2. We are not liable for any delay, failure, discrepancy or limitation arising from a Third-Party Platform, including where a platform changes its requirements, rejects imported data, limits available fields, or alters the way converted data is displayed after Delivery.
8. FEES, RE-CONVERSIONS AND REFUNDS
   1. Where the structure or quality of the source data prevents us from delivering the Services within the agreed scope, we may recommend a reduced transaction history, balances-only conversion, additional preparatory work, or cancellation of the order.
   2. If services requested by you fall outside the scope of our standard automated conversion process, additional fees may apply. We may provide you with a quote, and we may suspend the relevant work until you approve the additional scope and fees.
   3. Where a re-conversion is required because Pre-Conversion File Preparation was not completed, a re-conversion fee of $250 may apply. Where Xero subsidises a conversion, only one subsidised conversion is ordinarily available per file.
   4. We may charge for professional services or advice requested by you in relation to interpretation of historical data in the source file, changes made after conversion, out-of-scope analysis, or misunderstandings about how data converts between systems.
   5. If the same entity or materially the same file is reloaded within 30 days due to your request, your failure to complete Pre-Conversion File Preparation, or changes made outside our control, we may charge the applicable conversion fee or re-conversion fee.
   6. If a Conversion Issue is notified in accordance with these Terms, our primary remedy is to investigate and, where we determine that a Conversion Issue exists, correct, re-perform or re-convert the affected part of the Services at no additional charge.
   7. If we determine that a notified Conversion Issue cannot be remedied by correction, re-performance or re-conversion, we may provide a refund or credit for the affected service fee to the extent appropriate in the circumstances or as required by law. Refunds will not be issued unless we have first been given a reasonable opportunity to investigate the issue.
   8. Where a refund relates to a subsidised conversion, we may require any associated Xero subscription, subsidy benefit or similar credit to be returned, reversed or relinquished before the refund is processed, to the extent permitted by the relevant subsidy arrangement.
9. SUSPENSION, REFUSAL AND CANCELLATION
   1. We may refuse, suspend or cancel the Services immediately if we reasonably consider that the uploaded file or your instructions are corrupted, unlawful, incomplete, unsupported, misleading, unsafe to process, likely to infringe a third party’s rights, or inconsistent with these Terms or applicable law.
   2. We may also suspend or cancel the Services where you fail to provide information reasonably required for the Services, fail to approve additional fees, breach these Terms, or where we reasonably suspect unauthorised access, insufficient authority, privacy non-compliance or misuse of the Services.
   3. If we cancel the Services because the source data structure, quality or legal status prevents us from providing the Services, we may provide a refund, partial refund or credit to the extent we reasonably determine is appropriate having regard to work already performed and any non-recoverable costs, subject to any rights that cannot lawfully be excluded.
10. INTELLECTUAL PROPERTY
    1. You retain ownership of your Client Data. We retain ownership of all rights, title and interest in our website, software, scripts, tools, conversion methodology, know-how, templates, processes and any materials developed or used by us in providing the Services.
    2. Subject to your compliance with these Terms and payment of any applicable fees, we grant you a non-exclusive, non-transferable licence to use the converted output delivered by us for your internal business purposes.
11. CONFIDENTIALITY AND SECURITY
    1. Each party must keep confidential and must not disclose the other party’s Confidential Information except to the extent required to perform these Terms, comply with law, enforce rights under these Terms, or with the other party’s prior written consent.
    2. We will implement and maintain reasonable administrative, technical and organisational safeguards designed to protect Client Data and other Confidential Information from unauthorised access, use, disclosure, alteration or loss. We maintain an ISO 27001 certified information security management system and are committed to maintaining strong information security controls and practices. 
    3. Each party must promptly notify the other if it becomes aware of any actual unauthorised access to, or disclosure of, the other party’s Confidential Information in its possession or control, to the extent notification is reasonably practicable and permitted by law.
12. PRIVACY AND CLIENT DATA
    1. We handle personal information in accordance with applicable privacy laws and our Privacy Policy, as updated from time to time. Our Privacy Policy provides additional information about how we collect, use, store and disclose personal information in connection with the Services.
    2. You acknowledge and agree that, in providing the Services, we may use hosting providers, subcontractors, subprocessors, support providers and Third-Party Platforms, including providers located outside Australia, New Zealand or the jurisdiction in which the Client Data originated.
    3. You remain responsible for ensuring that your disclosure of Client Data to us, and our contemplated handling of that Client Data for the Services, is authorised and lawful, including any required notices, consents or contractual permissions relating to offshore disclosure or processing.
    4. We may retain Client Data for as long as reasonably required to provide the Services, maintain backups, meet legal, regulatory, insurance and audit obligations, investigate issues, resolve disputes and enforce these Terms, after which we may delete, destroy or de-identify it in the ordinary course of business.
    5. Your contact name and email address may be used by us to send product updates, service notices and educational or marketing communications. You may opt out of marketing communications at any time using the unsubscribe facility or by contacting us, but you will continue to receive essential service communications where required for the Services.
13. LIABILITY AND REMEDIES
    1. To the maximum extent permitted by law, your sole and exclusive remedies in connection with the Services are the correction, re-performance, re-conversion, refund or credit rights expressly set out in these Terms.
    2. To the maximum extent permitted by law, we are not liable for any loss, damage, cost or expense arising from or in connection with source-data defects, unsupported features or fields, display differences, post-conversion changes by you or any third party, your failure to review and verify the converted data, business decisions made in reliance on converted data before your verification, or delays, outages or failures of any Third-Party Platform.
    3. Except as expressly set out in these Terms and to the maximum extent permitted by law, all representations, warranties, guarantees and conditions relating to the Services are excluded. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
    4. Where a non-excludable guarantee applies, our liability for breach of that guarantee is limited, to the extent permitted by law, to supplying the Services again or paying the cost of having the Services supplied again.
    5. To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence), equity, statute or otherwise, is limited to the total amount paid by you to us for the relevant Services that gave rise to the claim. This cap applies to all claims, including claims relating to confidentiality, privacy, data handling and security, except to the extent liability cannot lawfully be limited or excluded.
    6. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, exemplary or consequential loss, or any loss of profits, revenue, business, goodwill, opportunity, anticipated savings, use, production, contracts or data.
14. GOVERNING LAW AND JURISDICTION
    1. These Terms and the Services are governed by the laws of Queensland, Australia. Subject to any mandatory law which applies despite this clause, the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to hear appeals from those courts.
    2. If a mandatory law of another jurisdiction applies and cannot lawfully be excluded, these Terms operate subject to that law to the minimum extent required, and otherwise remain in full force and effect.
15. CHANGES TO TERMS
    1. We may update these Terms from time to time by publishing an updated version on our website. Any updated version will apply to orders placed after the updated version is published, unless we state otherwise.
    2. The version of these Terms accepted or otherwise applying when an order is placed continues to govern that order and the related Services, unless we notify you of a proposed change for that order and you agree to the change.
16. GENERAL
    1. A notice or other communication under these Terms must be in writing and may be given by email to the address used by the parties for the relevant order or account communications.
    2. We are not liable for any delay or failure to perform our obligations to the extent caused by events beyond our reasonable control, including outages of Third-Party Platforms, cyber incidents affecting third-party infrastructure, telecommunications failures, industrial action, natural disasters, acts of government or other force majeure events.
    3. These Terms constitute the entire agreement between the parties in relation to their subject matter and supersede all prior discussions and representations in relation to that subject matter, except for any fraud or any express written agreement signed by the parties.
    4. If any provision of these Terms is invalid, illegal or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
    5. You must not assign, novate or otherwise transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms as part of a restructure, sale of business or transfer of the Services.

DEFINITIONS