Terms and Conditions
Accessing this Site
1.
This website (Site) is owned and operated by Bizify Pty Ltd (ABN 90 154 072 241) of Level 1, 530 Little Collins St, Melbourne VIC (we, us or our)
2.
These terms and conditions (Terms) govern your access to and use of:
a.
this Site and
b.
the Company, Australian Company Number (ACN), Australian Business Number (ABN), Business Name, GST and PAYG Withholding (PAYG) registration service (Service) provided by us to you through the Site.
3.
If you do not agree with all of these Terms, do not access or otherwise use this Site or our Service. Your use of this Site or our Service means you agree to abide by the Terms.
4.
We will allow you the right to view, download and/or print any Content that we have expressly permitted, on your internet device for your personal use. You agree you will not:
a.
alter or remove any content on this Site
b.
modify the Content or publish or sell the Content.
5.
We may terminate your access to all or any part of this Site or the Service immediately if you commit a breach of any of these Terms or otherwise upon notice.
Information On the Site
1.
This Site aims to provide you with general and succinct information (Content) about the operation and benefits of our Services. However, if you misconstrue or omit to read such information (including offered guidance and information shown or available on the activation of "?" button), we are not liable in any way for any such action.
2.
The information displayed on this Site should not be relied on as your sole source of information for the operation and benefits of our Service.
3.
We do not give any legal or financial advice as to the appropriateness or suitability of the Service for you. It is solely your responsibility to ensure that the Service you purchase through this Site meets your requirements.
4.
If you are unsure whether you need to register a company with an ACN, ABN, GST or PAYG, please contact the Australian Securities Commission (ASIC), Australian Taxation Office (ATO) or your accountant or your lawyer.
5.
Any reliance you place on, or any act done based on or in response to, the Content or this Site will be at your own risk. You indemnify us against any loss or damage of any kind suffered by you in relying on the Content or this Site.
6.
We may link this Site to other websites which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we shall not be responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site
Our acknowledgements
We agree that:
1.
We will lodge an application for an incorporation of a company based on the information you provided on the completed and paid online form of the Site. If applicable we will also lodge an application for the incorporated company’s ABN, TFN, PAYG and/or GST based on the information you provided on the completed and paid online form of the Site.
2.
The application for incorporation will be submitted within 1 business day of obtaining all the correct and necessary information. If the relevant express fee is paid for by you, we will submit the application within 1 business hour. Business hours are 9am to 5pm Monday to Friday but excludes any national or state public holidays.
3.
The application for ABN, TFN, PAYG and/or GST will be submitted within 1 business day of obtaining all the correct and necessary information and the notification of company's incorporation. If the relevant express fee is paid for by you, we will submit the application within 1 business hour.
4.
We do not guarantee a timeframe for the incorporation of the company or the registration of the ABN, TFN, PAYG and/or GST as the final decision lies with the relevant regulator.
5.
Subsequent to incorporation and registration, we will notify you of the relevant registrations and incorporation by email. We don't guarantee a timeframe for the notification.
Use of our Service
1.
Bizify’s sole purpose is to assist you to form a company and its related registration; as such it is not intended that we shall service the ongoing management of the company or ensuring the compliance of the company in accordance with The Corporation Act 2001
2.
You should not use this Site or our Service if it is imperative that the proposed company be formed with a precise structure which is to be ideal or suitable for your specific purpose
3.
You have obtained professional advice as to relevant matters including whether it is appropriate that a company be formed, the appropriate type of company, the appropriate share structure, the appropriate office holders. Alternatively, you have made a conscious decision not to obtain such advice and accepts the risks of not having done so.
4.
The company documentations that we provide you are meant to be generic documents. We cannot and do not warrant the appropriateness of those documents, including the company constitution, to your specific circumstances. The professional advice that you received should advise you whether the documentation is appropriate to your circumstances.
5.
You warrant that the information you supply is, to the best of your knowledge, accurate and complete.
6.
You authorise us or our nominated representative to act on your behalf. You authorise us to act as the proposed company’s registered tax agent and ASIC agent in relation to the incorporation and other registrations.
7.
You certify that you are either an authorised agent of the officeholders or the officeholders of the proposed company and authorise us to act as the tax agent and ASIC agent in relation to incorporation and other registrations.
8.
You agree that:
a.
the state or territory of registration will be the state or territory of the registered address
b.
all the shares of the company are ordinary shares
c.
If the company is involved in importing goods or services, you will inform us the nature of the import business under the question relating to the activities of your business.
d.
The company does not pay royalties, dividend or interest to non-residents
9.
Once submitted, modifications or alterations to an order is at the discretion of Bizify.
10.
Retracting or withdrawing a submitted order is at the discretion of Bizify. You may retract under the following circumstances: .
a.
Duplicate submission can be retracted by sending an email to info@bizify.com and upon agreement with Bizify
b.
Unprocessed submission may also be retracted by sending an email to info@bizify.com.au and upon agreement with Bizify.
11.
There may be a delay in the registration of your company due to manual processing by ASIC, ASIC server issues, manual processing by ATO, ATO server issues, Bizify server issues or other issues outside of our control.
12.
All company formation documents will be provided to you based on the email address submitted with your application.
13.
If your application is deemed fraudulent, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
14.
Bizify does not service the formation of a public company limited by shares, a public company unlimited with a share capital or special companies for self managed superannuation funds.
15.
Although effort has been made to take account of combination of circumstances for the formation of a proprietary company, Bizify may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances;
16.
Bizify does not guarantee or provide any level of assurance that the proposed company name will be available for registration as the final decision lies with the regulatory body.
17.
You agree that:
a.
certain information is included in registration applications as a result of the answers you provide to questions you answer when using our service;
b.
you are fully and solely responsible for the information included in the application as a result of the answers you give to the questions; and
c.
we are not responsible for any mistake that you make in understanding the questions or how to answer them.
How you pay us
1.
Our standard arrangement is for you to pay us online by credit card through through either the nominated credit card online payment system or Paypal within 2 hours of submitting your application
2.
If you do not pay on time, then we may — at our absolute discretion— request your pay through one of the methods as notified to you in our communication.
3.
The government fees component of the price will be held on trust and will be forward on your behalf to the relevant government authority upon incorporation.
Our liability is limited
1.
You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
a.
incorporate a new company
b.
amending the registered details of the incorporated company by submitting the necessary documents with ASIC ;
c.
the payment of the cost of such incorporation or amendment.
2.
You agree that:
a.
to the extent that we are not prohibited by law from limiting our liability, then our liability is limited including in respect of any liability that arises as a consequence of our negligence;
b.
our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
c.
we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
d.
We do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
Refunds
1.
Unless, we have not delivered the Service in accordance with what we have stated on the website,you agree that because of the nature of our Service, we are unlikely to allow any refunds and that we provide refunds at our absolute discretion, in exceptional circumstances.
2.
You agree that to apply for a refund, you must fill out our approved refund online form.
3.
In the event of a refund, you agree that:
a.
An administrative fee will be charged for processing the refund,
b.
you discharge us of any further liability relating to the Service, and
c.
The government fee of incorporating a company cannot be refunded
Privacy
1.
Please refer to our privacy policy which details how we handle and protect your personal information.
Modification to Terms
1.
At any time and in our absolute discretion we may amend these Terms and any other of our policies relating to this Site, the Content or the Service, and we reserve the right to do so without notice. Such amendments will be effective upon their posting on this Site or as otherwise notified. You are responsible for regularly reviewing these Terms. Continued use of this Site after any such amendment shall constitute your consent to such amendment.
General
1.
These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
2.
If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect as if these Terms had been drafted with the invalid or unenforceable portion eliminated.
3.
These Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of the Terms.
Contacting us
If you have any questions about this Site, the Service or these Terms, you can contact us by emailing us at info@bizify.com.au
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