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Terms and Conditions
The service is marketed by CCH, (a registered business of Wolters Kluwer Australia Pty Ltd, ACN 095 325 643) and the service is provided by SmartCorp (a registered business of Company Dynamics Pty Ltd ACN 058 086 169 and called Smartcorp in these terms).
The terms “You”, “Your” and “Yours” mean the entity, organisation, person or firm placing on behalf of a client, an order for a company with Smartcorp, and if more than one, jointly and severally.
The term “CCH” means the company marketing the service and responsible for invoicing the entity, organisation, person or firm placing an order for a company.
Smartcorp is the organisation providing the company service and facilitating ASIC registration and it does so as Your agent.
Each party referred to above is bound by and must comply with these provisions in accordance with these terms.
CCH is appointed as agent for You and in that capacity CCH will receive an invoice from Smartcorp and CCH will invoice You the same amount for which You are liable to pay including the reimbursement of the amounts paid by Smartcorp to the Australian Securities and Investments Commission (“ASIC”). Smartcorp pays CCH a fee for your order.
Smartcorp will be dealing with ASIC as Your agent. Smartcorp will not be incurring liabilities with ASIC as principal, but will be acting as Your agent. You warrant and it is an essential term that You have authority from Your client (being the person for whom you act) to provide the order details to Smartcorp.
Credit terms are 30 days from invoice and You are personally liable to pay CCH for the service as invoiced to you.
The amount CCH will invoice you under paragraph 6, will be an amount that is inclusive of any goods and services tax (“GST”). Any GST that is payable for any taxable supply will be identified. The total amount that CCH invoices may include components incurred by Smartcorp on behalf of Your client upon which no GST liability has arisen.
All invoices to Your account must be paid whether or not You change Your name and whether or not You change the nature of Your legal personality, for example by reconstituting Your partnership or by incorporating or otherwise. These liabilities will only cease when the account has been paid in full or if CCH agree expressly in writing that someone else is responsible to pay and that other person has agreed in writing to do so in a manner that is enforceable by CCH.
These terms are governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New South Wales and You consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement relating to the subject matter and shall not be modified except in writing, signed by the parties.
A specimen of the current form of proposed Constitution is available on the website and has been read by You and You are satisfied and Your client is satisfied, that the company when completed in accordance with the information set out in the company order, will meet all Your and Your client’s requirements. On receipt of the company You and Your client will check it to ensure that it has been completed in accordance with those requirements.
The company Application for Registration is solely based on your Order and these terms. You and the Applicant (the person whose user name and user ID have been entered to access the Smartcorp system) agree that the Applicant having viewed the following declaration (in relation to the form 201, ASIC Application for Registration as an Australian company and any annexures, compiled electronically based on Your order) assents to this declaration and will comply with it: “I apply for the registration of a company on the basis of the information in this form and any attachments. I have the necessary written consents and agreements referred to in this application concerning the members and officeholders and I shall give the consents and agreements to the company after the company becomes registered. The information provided in the application and in any annexures, is true and correct at the time of signing.” Those consents are the officeholders’ consent to act, members’ agreement to take up shares, constitution and, if applicable, consent of occupier to use of registered office, blank copies of which are downloadable from the Smartcorp website.
You acknowledge and agree that; You are solely responsible for ensuring that Your instructions are correct and no other party is under any obligation to verify the correctness of Your instructions. Without limitation, Smartcorp is entitled to provide the requested company without further enquiry and You accept all responsibility and indemnify Smartcorp in respect of all claims by any person or company, including, without limitation, whether in respect of the type of company chosen, its suitability for You or Your client’s purposes or otherwise.
To the maximum extent permitted by applicable law, Smartcorp is not liable for and excludes all liability for loss or damage (including any indirect or consequential loss or damage) arising out of or in relation to any and all delays, errors, or omissions in providing the company; a failure to properly carry out Your instructions; negligence; acts of default or omission of any kind whatsoever and however caused; or any acts of default or omission or any fraud or negligence of any kind whatsoever and however caused whether or not caused by Smartcorp’s employees, agents or contractors. Smartcorp makes no warranties in relation to the company except to the extent that they are implied under any applicable law that cannot be excluded.
If an applicable law does not permit the limitation or exclusion of Smartcorp’s liability as provided in these terms, Smartcorp’s total liability in that event for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise shall not exceed the amount paid, if any, for the relevant company sought by You, however, Smartcorp may instead, at its discretion, re-supply the service or part of the service.
Smartcorp does not ascertain whether a proposed company name is already in use by another entity and accordingly Smartcorp does not accept responsibility for the registration of a name similar to an existing name. You and Your client understand that the onus is not on Smartcorp but on You to have regard to similar names or to names which may possibly be confused with or mistaken for another name. You accept that registration by ASIC does not give any rights to that name.
Smartcorp is not a legal or financial adviser, nor does it act as a legal or financial adviser, nor is it competent or qualified to act in, or in conjunction with, the carrying out of the functions of a legal or financial adviser.
In these terms the singular includes the plural and vice versa.
Every order is subject to the current version of these terms and conditions and every time You order You must accept the terms and conditions which are viewable by You with every order. If You do not accept when ordering, Smartcorp’s ordering system will not permit You to proceed further.
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