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Under new management

When buying or selling a business, consider the ownership of the computers and/or software.

It is not so simple as the business is likely running the software under a license that grants them the right to use the software, however, they probably do not own it. So they will have conditions attached to their use. Find out what they are! We provide on request the details, a change of ownership form and account details to prospective buyers on request, provided that the old owner agrees. 

 There can be other issues too.

- The new owner may experience problems due to privacy laws, so the software supplier cannot often help the new owner if there are problems until it confirms the new ownership. If the changeover is done at the weekend, this can be a real problem. 

- Is the system under subscription? If so, what the new owner is buying is nothing but a legal obligation to pay. 

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POS SOFTWARE

I was upset over what a competitor of ours stated in what seems to attack us. 

The background is that in Victoria now, as in most of Australia from the 30th April, in public places, you must use to track people for COVID, an automated system linked into the VIC state medical system. This means that manual and many backyard systems are no longer acceptable. I notified VANA on Friday to advise them that they should tell their members that many of their COVID tracking Forms on their windows in the front need changing. The system which I recommend that their members use is guesttracker. This is because it is approved. In practice, it has proven easy to use. Plus, it is free. It also has a growth path if they want to pay a small fee with some handy functions. However, my competitor immediately released a notification that retailers can take down their COVID tracking notice off the front window because it is not required in Victoria for retailers. I think this advice they gave is probably wrong.

Firstly I want to say here that the enemy is not the State Government, nor the health inspectors but COVID.  We are all in this together. 

Okay, the relevant document they quoted is here which is from the Chief Health Officer of Victoria operating under his emergency power.

In this document, it states bluntly that.

So anyone in your shop for more than 15 minutes except as stated in clause (9) must be recorded. Note where it states customers, and maintenance and delivery workers. {emphasis added}

Now clause (9) states.

 

 

So only when there are customers, only where it is not practical to do so {emphasis added} are you exempt under 7. 

A customer in your shop where they rule it is practical to do so must be registered. Also the maintenance and delivery workers above have to be registered. So would say a sales rep from a card company if they came in for 15 minutes to say hello.

Failing to do this, for a person in Victoria, can get you 120 penalty points which is about a $20,000 fine. If you run your shop as a company, you can be up for about $100,000. 

I believe that this situation is similar in the rest of Australia too.  

So our advice is to keep your COVID QR tracking sheets up but make sure you use an approved system for your state.

 

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POS SOFTWARE

If you in the Tyro outage and have suffered a financial pact. I urge you to register with Tyro your complaint if you have not done so yet. This is even if you have registered with someone else your claim. 

Tyro is now attempting to rectify the issue.

What you will then need to do first is a guestimate of the damage you have suffered. If you think it's low and most will be low as most of our affected clients got new terminals reasonably quickly then you may want to consider doing a quick settlement. This is a little more than clicking a button and signing a form.

The advantage of doing this is you get finality and fast compensation.

If you think you should get more than this, you will need proof. Then you will need to fill out a bit of documentation. This probably needs an accountant to review your losses and fill out the details.   If so, include in these costs the accountant's fees. 

If you are not happy with either of these solutions and want more options, please let me know.

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POS SOFTWARE


 

Business Interruption Insurance pandemic

Many insurance policies now have a business interruption clause. They sell it to cover a business if it has to close because it cannot function, e.g. fire or flood. Many people thought it covered their business over COVID with this clause. Well, it appears that some insurance companies dispute whether COVID is covered here. A meeting was held by newsagents, to which I was invited about the knock backs on claims by insurance companies on their business claim here. This problem, of course, is not only affecting newsagents. I would say almost all retail was affected. 

The situation now is unclear. We had a case on this in the NSW High Court. The insurance company lost, but it was both a narrow claim and it probably will be appealed to the High Court. The problem is that many insurance policies contain several exclusions. In particular, here for infectious diseases and the question of whether COVID is a *quarantinable* disease. This is yet to be finalised in court. Considering the cost to the insurance companies, I am sure they will test every bit of it.

The other issue is that onus on proving the value of your loss will rest with you. I hope you have your financial figures and documents in order.

Still, if you operated a business covered then under business interruption insurance policy, you have a valid claim even if the insurance company has knocked it back.

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POS SOFTWARE

MOTO payments are EFTPOS transactions where the payment card used is not present. It is often used for payments made over the phone.

 

 

For many of my clients, this is a major source of income.

Besides having higher fees than regular credit card transactions, they can also be trouble as yesterday one of my clients found out. As the card was not there when the transaction occurred when the customer complained, it was my client's responsibility to prove that the actual cardholder authorised this transaction, This was impossible to do. A chargeback was done. The transaction cancelled. The goods sent are lost.

The problem is that for many of my clients there is no alternation but to accept MOTO payments

If so here are some tips that the bank sent, that might help by giving you some warning signs, so I thought I would share them here:

  1. If the delivery address does not look right
  2. Overseas orders
  3. Orders from people claiming that they cannot be contacted
  4. If a transaction is big or has orders for large quantities of the same item that do not seem to fit.
  5. If the same person starts giving you in a short time many orders
  6. If the orders are required urgently

What can I say but be careful? Accepting MOTO payments is a business decision.

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POS SOFTWARE

You may be responsible for libellous comments that people make on your shop Facebook page.  You can be in trouble as it is on your page, the Supreme Court New South Wales has decided here.

Actionable tips

Set up Blocking Words

When people include a word you've blocked in a post or comment on your Page, it won't appear on your Page.

a) To block words:

  1. Click Settings at the top of your Page.
  2. From General, click Page Moderation.
  3. Type the words you want to block, separated by commas. You'll need to add both the singular and plural forms of the word you want to block.

You use what I do this list here and import it as a CSV. 

Now Save Changes.

 

b) Profanity Filter

You can block different degrees of profanity from appearing on your Page. Facebook will then block the many reported offensive words and phrases by its community.

  1. Click Settings at the top of your Page.

  2. From General, click Profanity Filter.

  3. Select Strong.

Now Save Changes.

c) Now if such comments still come on your Facebook, then go into your Facebook page ASAP and delete them. According to the Supreme Court New South Wales, it must be done ASAP.

 

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POS SOFTWARE

 

Here is the ATO requirements for JobKeeper [Link was removed]

For most of you, the big issue is the turnover test. You need to be 30% down on the same period last year. There appears to be no pattern, some of our clients are way over last years figures, and some are way down.

But if you are eligible, then you will need to set it up in your payroll system. Here are some useful links from the most popular payroll programs used by our clients.

MYOB

QUICKBOOKS

XERO

 

 

 

 

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POS SOFTWARE

 

Currently, like everyone else we are monitoring the situation, from what we understand only schools, aged care homes, pubs, restaurants, cafes, casinos, sporting venues and cinemas will shut down across Australia. All other businesses are not affected only the ones directly listed.

This has already affected many of our clients in:

In one centre, several of our clients were told to close in particular

Fishing and outdoors businesses
Bike shops


Some were allowed to remain open just for trade only.

Garden centres
Plumbers supplies
Produce and farm supply businesses

 

Some like our client in the same complex in Health Food Shop were allowed to remain open unrestricted.

 

 

As far as we are concerned here, we are open for business.

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It is a modern business nightmare. You put all this effort and money into your business, and suddenly you find your hard-earned reputation is attacked by some anonymous person online. 

We have had this problem. We were selected in the newsagency industry to do the trials of the new Australian government social security cards. Out of the blue, a whole lot of people suddenly attacked us clearly who were not clients of ours for what we are sure is political purposes.  Unfortunately, there is not a lot you can do here, this was my experience when I complained to google and yahoo on one of our competitors

So what do you do if a negative review appears that you consider false and damaging to your business reputation of the business?  

Well my advice is 

1) Is assume that they could be real and answer their complaint and state *nicely* that you do not know that person and you have doubts about the review and that you are more ready than ready to address and fix the problem.  

2) Ask Google to delete it which they probably will not.

There is a third alternative go to court.

Generally, I think it is a long shot as you need to get the actual identity of the reviewer and then you can sue them to get them to take it down and for damages. This I am sure will take a long time, be very expensive and by the time it gets to court who will care about a matter years old anyway.

However this is what one dentist in Northcote in Melbourne did, he took Google to the Federal court to get the name of the anonymous negative reviewer and won (maybe?) 

Google the court ruled has to give him the name of that person but it remains to be seen if Google will or can do this. Today with public WiFi, it may be impossible. Even if he gets what google thinks is the name, it may be impossible to sue the person. A case in Holland, I read about the courts let a person off as although he admited it was his account, what he claimed is that he did not do it and that someone else must have hacked into his account. 

I do believe that this matter needs to be addressed by Australian Law.

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I have seen this happen a few times when a big organisation and a small business collide. When the big organisation is the government, they sometimes talk a bit nicer (although not always sometimes they are incredibly rough). If you have not followed the story about "Better mac" what happened is a small burger shop "Burger head." released a burger that they called "Better mac."

It looks like an excellent burger which I am sure is very tasty.

Still, as you can see above, McDonald's did not like the name.

Although it could be argued that the name 'better mac' is different McDonald's burgers name, eg 'big mac'. Also that there is nothing deceptive about the name since I doubt that anyone could be tricked into buying a "better mac" thinking that they were buying a McDonald's burgers, still the burger shop decided in a smart move to cash in on the publicity and comply in changing the name.

I said smart as the amount of money now need for court action is huge and the problem is that in a big organisation, the guy that authorises the legal action does not pay for it. So if you are not careful, you could easily get into court. Once in a court system, it is like medical and doctors bills, it is very hard to get out. 

It is not just the financial hit of litigation that can be very damaging to a small business. There is also the matter of their legal fees if you lose plus there is also the time and energy that it takes off.

The other problem is that if you win, what do you win? Do you like doing business with companies that take people to court? Of course, if you lose, it can harm your business’s reputation too.

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