Terms - Online Business Names and ABN Registrations

I authorise Registration to lodge the business name renewal and make all the necessary declarations to ASIC on my behalf. I accept the Registration Terms and Conditions including the automatic renewal terms and conditions.

I declare that I am the applicant, or I am authorised to lodge this application on behalf of the applicant and 1) submit this application under the terms and conditions of the ASIC Electronic Lodgement Protocol (further details regarding eligibility to hold a business name are available here ); and 2) make each of the declarations below on the applicants behalf after having made all due and proper enquiries.

I am not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001; and within the last 5 years I have not been convicted of, or released from prison after being convicted of, and serving a term of imprisonment for, any of the criminal offences referred to in section 32(1) (c) or (d) of the Business Names Registration Act 2011.

This application is submitted under, and is compliant with the terms and conditions of the ASIC Electronic Lodgement Protocol. To the best of my knowledge, the information supplied in this application is complete and accurate (it is an offence to provide false or misleading information to ASIC). ASIC may contact the applicant or the lodging party (if any) if there are any questions regarding this renewal of a business name. *

I give consent to be contacted in regards to related business services that can help my business.

Terms and Conditions – Business Names

Thank you for visiting our website, located at applyforanabn.com.au (the ‘Website’). The Website is owned and operated by Ideal Business ‘Registration’, ‘us’, ‘we’ or ‘our’). We provide business name and domain name registration and renewal services (‘Services’). We are a privately-owned, third-party business name and domain name registration and renewal service provider.

By accessing and/or using the Website or paying to use any of our Services, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, which include our Privacy Policy (together, the ‘Terms’). If you do not agree with the Terms, you must immediately cease using our Website, and must not make any payment to use our Services.

In these Terms, any reference to ‘you’ or ‘your’ means you, a user of the Website.

Nature of our Services

By entering your reference number from our renewal Notification Letter into our Website, you acknowledge and represent to us that you understand:

the Services offered through the Website by Registration are retail business name renewal services which are independent of ASIC;

our Letter Notification prices display a discounted price for paying early before the discount expiry date and may be more expensive than shown on the notification letter if paid outside the discount expiry date.

you will not pay two seperate ASIC Registered Agents, or ASIC directly, once you have paid us to perform your business name renewal. Doing so can cause your renewal to be blocked by the ASIC system, not allowing us to perform the final stage of the renewal service you engaged us to perform.

The Renewal Date displayed on our Notification Letter sent to you is your “Commencement Date”. The “Commencement Date” is the date we will perform your business name renewal on the ASIC system as your ASIC Registered Agent.

We send you your Business Name Renewal Notification Letter through Australia Post with enough time to ensure you receive it within one month of your “Commencement Date”. We can not control exactly when Australia Post physically deliver your Notification Letter. If you receive your Notification Letter earlier than one month before your “Commencement Date”, we require that you do not make your payment until at least one month before your “Commencement Date”;

You will receive your Record of Registration via email and stored in your account with us within 7 business days of your “Commencement Date” (and no longer than 14 business days) as long as the ASIC system allows us to register or renew your business name;

if we are not able to renew your business name with ASIC, we have still provided a partial service to you by sending a notification letter to you, and by checking and confirming your business name is/was due to be renewed for another 1 or 3 years, and on receiving your payment, we will attempt, and we will continue to attempt, to renew your business name for up to 30 days past your renewal date as part of our services;

if you do not receive your Business Name Record of Registration ‘RoR’ within 31 days of your commencement date, you acknowledge it is your responsibility to login to your account and check on the status of your business name renewal, and contact us requesting your ‘RoR’;

By making your Renewal payment with us, you grant us consent to receive your Record of Registration for you and store it in your Registration account as a digital record and offer to send a physical copy to you for an additional fee and change your contact information on ASIC’s records;

ApplyforanABN.com.au is not a government organisation, but is a private third-party provider of business name renewal services;

ApplyforanABN.com.au is not affiliated with ASIC; and

Business Name Registrations and Renewals

Before Registering or Renewing your business name, you will check for any state or territory business licences that may be required.

By making any payment in connection with one of our Services, you grant us the authorisations, and make the declarations, contained in this clause 2.

You authorise ApplyforanABN.com.au to lodge your application for registration or renewal of a business name and make all declarations contained in clause 2.4 to ASIC on your behalf.

You declare and represent to us that:

you are the applicant for registration or renewal of the business name; or

you are lodging the application for registration or renewal of the business name on behalf of the applicant with the applicant’s permission, in which case you are authorised to:

submit an application for registration or renewal of the business name on behalf of the applicant under the terms and conditions of the ASIC Electronic Lodgement Protocol (further details regarding eligibility to hold a business name are available here); and

make each of the declarations in paragraph 2.4 on the applicant’s behalf after having made all due and proper enquiries.

You declare and represent to us that you, together with each person involved in the management of the applicant for registration or renewal of the business name if the applicant is an entity (and, where you are lodging the application on behalf of the applicant, the applicant, together with each person involved in the management of the applicant if the applicant is an entity):

are not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001 (Cth); and

within the last 5 years have not been convicted of, or released from prison after being convicted of and serving a term of imprisonment for, any of the criminal offences referred to in sections 32(1)(c) or (d) of the Business Names Registration Act 2011 (Cth).

You agree, and authorise us to agree on your behalf, to the terms of the ASIC Electronic Lodgement Protocol (available here) in connection with the application for registration or renewal of the business name.

You acknowledge that:

it is an offence to provide false or misleading information to ASIC; and

ASIC may contact you, the applicant, or us if it has any questions regarding the application for registration or renewal of the business name.

You declare that, to the best of your knowledge, the information you have supplied to us via the Website in connection with your application is complete and accurate.

You acknowledge that if ASIC has already received a separate application for registration or renewal of your business name from a party other than us, we may not be able to process your application, which may lead to delays, may interrupt the automatic processes, and/or result in further costs being incurred. To prevent this, after you have ordered a business name registration or renewal through one of our Services, you must not lodge (whether directly or via another third party) any other application for registration or renewal of the same business name.

You authorise us to perform all steps reasonably necessary to provide the Services, including the following:

you appoint us as your ASIC registered agent for the purpose of managing all of your business names which are registered or renewed using one of our Services until such time as you provide us with written notice of cancellation;

you authorise us to change the contact email of your business name renewal notification with ASIC to our own or one of our ASIC Registered Agent partner services so we can receive future business name correspondence from ASIC on your behalf in the future;

subject to the pre-payment by you of all relevant fees, you authorise us to contact ASIC on your behalf, lodge your application for application or renewal of your business name on your behalf, access your ASIC corporate key, communicate with ASIC and attend to renewal of any business name registered or renewed through one of our Services to prevent the cancellation of your Business Name.

If your contact details change, you must notify us of such changes through our Website.

You acknowledge that submission of a business name registration or renewal application through this Website does not guarantee that you will successfully obtain the registration or renewal of that business name, and Registration does not make any warranties as to the successful registration or renewal of your business name.

You acknowledge it is your responsibility, once you have made your payment to us, to periodically log into your account and check your business name has been successfully renewed and you have received your ‘Record of Registration’ within 7 days of your ‘Renewal Date’, as shown in the ‘My Renewals’ section of your account with us. If you have not received your Record of Registration within 7 days of your ‘Renewal Date’ you must contact us so we can investigate if you paid two different companies to perform your renewal, or if their were technical glitches with the ASIC renewal system.

If you request us to send you paper documents by snail mail, you acknowledge this is an extra service cost and understand we are forwarding you printout copies of ASIC documents that we receive on your behalf as your ASIC Registered Agent.

Ongoing Business Name Renewal Services

You acknowledge and agree that if you have used our Services to register or renew a business name:

subject to clause 3.2, we may transfer the ongoing management of your business name (including any renewal services) to one of our preferred partners or associated services prior to the expiry date of your business name registration;

when your business name registration is due for renewal, either Registration or one of its preferred partners or associated services will contact you in regard to performing future business name renewal services for you, unless you have chosen one of our auto-renew options.

You acknowledge and agree that if you have chosen our auto renew option to register or renew a business name:

we won’t contact you before renewing your business name, we will renew it for you automatically as soon as ASIC allows us to as ASIC Registered Agents.

you will contact us at least 33 days before your next renewal date if you wish to cancel our renewal services.

if we have billed you for the auto-renewal, and you did not contact us 33 days before your next renewal, there will be no refund, unless we are not able to perform your renewal.

When we transfer the ongoing management of your business name (including any renewal services) to one of our preferred partners or associated services:

we will only effect such transfer where the preferred partner or associated services is an ASIC Registered Agent or has provided evidence to us that it has an agreement with an ASIC Registered Agent who can lodge business name renewals;

we will transfer to the preferred partner or associated services all available information (including your contact information, ASIC corporate key, and business name registration details) which is necessary to enable that partner or service to provide you with the business name renewal service;

our preferred partner or associated service will contact you regarding the service before initiating the renewal by your email address or phone number provided by you to us through the Website.

Fees and Payment

Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you upon entering your reference number in our Website and/or by your submission of the business name registration application or renewal form.

Payment must be made strictly by credit card or BPAY immediately upon confirmation of your order.

We will not lodge your application for business name registration or renewal with ASIC until you pay all relevant fees and charges.

Unless otherwise stated, all fees and charges are in Australian dollars. The fees are inclusive of goods and services tax (GST) where applicable.

You understand that while the base renewal fee on the ASIC Connect website may be cheaper than our fee, our total fee includes a service fee which covers the notification letter you were sent, the management of your renewal process, ensures timely handling of your business name registration, a paper Record of Registration option to be posted out to you, and digital storage of your Record of Registration in your account for you to access whenever you like.

Refund Policy

If you are a first-time customer, we offer a 48-hour partial-refund money back guarantee (We retain $22 for our payment gateway fee that we incur), as long as we have not performed your business name registration or renewal service with ASIC on your behalf as at your commencement date (mentioned in “1. Nature Of Services” above). If you wish to seek a refund before we have provided our renewal service to you, and before your “commencement date” and within 48 hours of first making payment, please phone us on 1300 060 066 or visit our Contact Page and follow the LIVE CHAT instructions and we will explain our refund process to you within 2 business days.

Renewals: “Change-of-mind” refunds after 48 hours, but within 30 days, will incur a $55 admin and bookkeeping fee. This means, we will withhold $50 from your refund, if your refund is requested within 30 days. However, no refund will be issued if we have already performed your business name renewal.

Registrations: “Change-of-mind” refunds, at any time, will incur a $55 admin and bookkeeping fee. This means, we will withhold $55 from your refund. However, no refund will be issued if we have already performed your business name registration.

Auto-Renewals: We can not refund auto-renewals if you didn’t give us 33 days notice to cancel before your next auto-renewal was due, as mentioned in the terms above. If we have not yet performed your renewal, we can offer you a partial refund, minus $55 administration and partial service fee.

The “Service has been completely performed” if our renewal systems have engaged the ASIC system on your “commencement date”. Your commencement date was and is clearly displayed on your Reference Letter and/or email notification that we send you when you business name has been successfully renewed or registered.

You acknowledge and agree that a full or partial refund under clause 5.1 is only available if you request it within 30-days of your initial payment, and we have not yet performed the renewal service, and you understand the refund amount will not include any third party fees (including ASIC registration or renewal fees) which we have incurred on your behalf, and will not include our $55 admin and bookkeeping fee.

If you request your refund after 30-days, but we have not delivered your Record Of Registration ‘RoR’ (ASIC Business Certificate) to you, we will refund you what you paid us minus $55 for our administration and partial service fees. The ‘partial service fees’ include our ‘notification, registration, admin and bookkeeping services’ as explained in “1. Nature of our Services” above.

We can only refund you to the original credit card you initially used to pay us when you engaged our renewal services. We can not refund you via any other method.

If you are unhappy with our refund process, please email us at “help@ApplyforanABN.com.au ” with “Complaint” in the subject header so you can make a formal complaint in writing. We will reply to you within 2 business days.

Your Privacy and Security of your Personal Information, Opt-In Marketing Material.

Our privacy notice (ApplyforanABN.com.au /privacy) explains how we collect and disseminate the information provided in this application.We collect personal and business-related data and information about you in relation to your business that is publicly available on the internet. We do this to offer you a premium business renewal service to save you the time and hassle of performing this task yourself.

When you engage us to perform a Service, we collect personal information about you in order to respond to your enquiries, provide you with more information about our products and for purposes otherwise set out in our Privacy Policy.

We may disclose the information that you provide to us to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia in accordance with our Privacy Policy.

We may provide some of your basic contact information (including name, phone number and email address) to our preferred partners or associated services in connection with other business services if, when you last made a payment to us for our Services, you ticked the box that states “Yes, please let me know about other related business service offerings”.

Other than as disclosed in these Terms, we will not disclose any of your stored or collected information to any party other than ASIC unless you instruct us to do so or we are otherwise required permitted by law.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information;

(ii) how you can lodge a complaint regarding the handling of your personal information; and

(iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us via email us at help@ApplyforanABN.com.au

Opt-In Marketing Emails from our Partners and Affiliates

When you renewed your business name, in the Declaration tick-box section, you were given to option to opt-in to receive email or phone calls in regards to business services or promotional material that could help your business. If you ticked the marketing material box, or left the box ticked, our partners and affiliates will send you emails from time to time to offer you business services that can help your business.

Some of our partners and affiliates include; Business Funding Services, Drop Catcher Services.

If our partners or affiliates send email messages to you, they will do so manually, individually and directly because you conspicuously allowed your email address to be used for our partners and affiliates to contact you. You gave or infered your consent that you would wish to be emailed. You may choose to click on the Unsubscribe link in the footer of the email if you don’t want that particular partner or affiliate to contact you again at that particular email address in the future. All our partners and affiliates take unsubscription requests seriously. Please note, if you unsubscribe, that particular partner or affiliate will no longer notify you of any business services options in the future.

SMS Terms and Conditions

– By engaging our services, you understand you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include a response to an inquiry, real-time texts to ask and answer questions about our services and pricing, and account updates.

– Opt-out: You can cancel the SMS service at any time. You need to submit a support ticket from our CONTACT PAGE. We will reply to your support ticket when we have actioned your Opt-out request.

– Interruption: We and our Phone Carriers are not liable for delayed or undelivered messages.

– Cost: As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

– Privacy: If you have any questions regarding privacy, please read our privacy policy.

Disclaimer

Whilst we endeavour to ensure that your information is accurate and error-free, you acknowledge that we will not be held responsible for any inaccuracy, omission, defect or error in your information. We will not be liable for any loss or damage, however arising, which may be caused by use of this information.

Accuracy, completeness and timeliness of information

We make no warranty in regard to the accuracy or completeness of the information on this Website.

We are not liable to you or to any third party in the event of interference with, or damage to, your computer systems or networks in connection with the use of this Website or a linked website.

Registration reserves the right to review and change any of the Terms from time to time and without notice at its sole discretion, in which event we will use reasonable endeavours to provide you with notice of the updated Terms. Any changes to the Terms take immediate effect from the date of their publication.

Linked sites

Our Website may contain links to third-party websites. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated, Registration does not endorse and is not responsible for the content on those third-party linked websites and has no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise stated, Registration owns or licenses all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio, and software) made available on or via this website (‘Content’).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this website or the Content.

All other use, copying, or reproduction of this Website, the Content, or any part thereof is prohibited, except to the extent permitted by law.

Unacceptable activity

You must not do any act or thing that we would deem to be inappropriate, is unlawful or is prohibited by any laws relating to our Website, including but not limited to:

any act that would constitute a breach of the privacy (including uploading personal information without the consent of the individual to which the information relates) or any other of the legal rights of individuals;

using this website to defame or libel Registration, our employees or other individuals;

uploading files that contain viruses that may cause damage to Registrations systems or property or the systems or property of other individuals;

engaging in any activity that interferes with or disrupts the operation of the Website or its services in any way (whether directly or indirectly) or use the Website in a manner that adversely affects its availability to others;

transmitting to this Website any unauthorised material, including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If Registration allows you to post any information to our Website, you acknowledge and agree that we have the right to take down this information at our sole discretion and without notice.

Disclaimer and indemnity

You acknowledge and agree that Registration:

provides a private, commercial, non-government online renewal and application Service and is a computer program (albeit sometimes with manual and/or human review);

is not ASIC, an accountant, a tax agent, a solicitor, an accounting firm, or legal firm;

does not give, nor purport to give, legal, accounting or taxation advice.

Despite Registration’s best efforts to explain relevant matters and instructions clearly on its support telephone lines, support emails and marketing material, you acknowledge and agree that:

you may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available at the bottom of marketing material); and

Registration will not be liable in respect of any such misconstructions or omissions.

Registration’s sole purpose is to assist you to renew or register a business name or to do the data input work to renew or apply for a business name. You agree not to use Registration if it is imperative that the proposed business name be registered, renewed, transferred, restored or cancelled by a particular time or date. You agree not to use Registration to renew your business name if it has already been cancelled by ASIC.

Although every effort has been made to take account of every combination of circumstances, Registration, being a computer program and an online renewal automation software tool, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances.

If your business name renewal on the ASIC online system has been renewed with the assistance of Registration, Registration will have entirely (and will be deemed to have entirely) fulfilled its purpose, and as such you will have no claim whatsoever against Registration.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You indemnify us from and against any losses or claims arising out of, or as a consequence of, your negligent, wrongful, unlawful or incorrect reading of our marketing material.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it (including any information relating to medical or healthcare matters), or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

In these Terms, any reference to ‘you’ or ‘your’ means you, a user of the Website.

Nature of our Services

By entering your reference number from our Company Review Notification Letter into our Website, you acknowledge and represent to us that you understand:

the Services offered through the Website by ApplyforanABN are retail annual Company Review services which are independent of ASIC;

have read and understand our Annual Company Review Service Protocol (our ‘Services’).

the ASIC statutory price for an annual Company Review is $321 (as at April 2025). We charge additional service fees on top of the ASIC statutory price to perform your Review and securely archive your documents in your account with us.

our Letter Notification prices display a discounted price off our service fee only (not from the ASIC statutory price) for paying early before the discount expiry date and may be more expensive than shown on the notification letter if paid outside the discount expiry date.

you will not pay two seperate ASIC Registered Agents, or ASIC directly, once you have paid us to perform your annual Company Review service. Doing so can cause your Review to be blocked by the ASIC system, or will cause you to “double-pay” unnecessarily, and could cause the Company Review service to malfunction.

The Review Date displayed on our Notification Letter sent to you is your “Review Date”. The “Review Date” is the date we will perform your annual Company Review on the ASIC system as your ASIC Registered Agent.

We send you your Company Review Notification Letter through Australia Post with enough time to ensure you receive it within one month of your “Commencement Date”. We can not control exactly when Australia Post physically deliver your Notification Letter. If you receive your Notification Letter earlier than one month before your “Commencement Date”, we require that you do not make your payment until at least one month before your “Review Date”;

You will receive your Company Corporate Key and Signed Resolution of Sole Director document via email and stored in your account with us within 7 business days of us renewing your annual Company Review (and no longer than 14 business days) as long as the ASIC system allows us to perform your Company Review.

if we are not able to perform your Company Review with ASIC, due to ASIC blocking our access, or the ASIC system malfunctioning, we have still provided a partial service to you by sending a notification letter to you, and by checking and confirming your company name is/was due to be Reviewed for another year, and on receiving your payment, we will attempt, and we will continue to attempt, to perform your Review Fee payment for up to 30 days past your review date as part of our services;

if we have informed you that you have LATE FEES with ASIC, our minimum charge for this service is $66 inc GST. If you have engaged our services to perform your Company Review and request a refund, you acknowledge we will withhold $66 for our “Late Fee Notification Service”.

you acknowledge it is your responsibility to login to your account and check on the status of your annual Company Review, and contact us if your review has not successfully completed within 30 days of the Review Date;

By making your Company Review payment with us, you appoint us to act as your ASIC Registered Agents and receive your ASIC Corporate Key and Company Statement for you and store it in your ApplyforanABN account as a digital record and offer to send a physical copy to you for an additional fee and change your contact information on ASIC’s records on your behalf;

ApplyforanABN is not a government organisation, but is a private third-party provider of business name renewal services;

RegistrApplyforanABN is not affiliated with ASIC; and

Company Name Registrations and annual Company Review

I declare that I am the authorising office holder and the information I provided is true and correct and I submit this Company Review under the terms and conditions of the ASIC Electronic Lodgement Protocol and understand the eligibility criteria to hold a company name. *

I authorise and appoint ApplyforanABN to be my ASIC Registered Agent and lodge and pay my annual Company Review and make all the necessary declarations to ASIC on my behalf and receive notifications from ASIC and amend the registered Company Contact Address, Responsible Person and Contact Person with ASIC. *

I accept the ApplyforanABN Terms and Conditions including the automatic annual Company Review terms. *

I understand I will receive my SOLVENCY RESOLUTION on my Review Date and will execute it where indicated and within 2 months of receiving it. A solvency resolution is a resolution made by a majority of directors of a company as to whether or not, in their opinion, the company will be able to pay back its debts when they are due. The resolution must be passed within 2 months after the company’s review date and the resolution must be kept by the company. *

Before Registering or Reviewing your company name, you will check for any state or territory business licences that may be required.

By making any payment in connection with one of our Services, you grant us the authorisations, and make the declarations, contained in this clause 2.

You authorise ApplyforanABN to lodge your application for ApplyforanABN or review of a company name and make all declarations required to ASIC on your behalf.

You declare and represent to us that:

you are the applicant for ApplyforanABN or review of the company name; or

you are lodging the application for ApplyforanABN or review of the company name on behalf of the applicant with the applicant’s permission, in which case you are authorised to:

submit an application for ApplyforanABN or review of the company name on behalf of the applicant under the terms and conditions of the ASIC Electronic Lodgement Protocol (further details regarding eligibility to hold a company name are available here); and

make each of the declarations in paragraph 2.4 on the applicant’s behalf after having made all due and proper enquiries.

You declare and represent to us that you, together with each person involved in the management of the applicant for ApplyforanABN or review of the company name if the applicant is an entity (and, where you are lodging the application on behalf of the applicant, the applicant, together with each person involved in the management of the applicant if the applicant is an entity):

are not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001 (Cth); and

You acknowledge that:

it is an offence to provide false or misleading information to ASIC; and

ASIC may contact you, the applicant, or us if it has any questions regarding the application for registration or review of the company name.

You declare that, to the best of your knowledge, the information you have supplied to us via the Website in connection with your application is complete and accurate.

You acknowledge that if ASIC has already received a separate application for registration or review of your company name from a party other than us, we may not be able to process your application, which may lead to delays, may interrupt the automatic processes, and/or result in further costs being incurred. To prevent this, after you have ordered a business name registration or review through one of our Services, you must not lodge (whether directly or via another third party) any other application for registration or review of the same company name.

You authorise us to perform all steps reasonably necessary to provide the Services, including the following:

you appoint us as your ASIC registered agent for the purpose of managing all of your company names which are registered or reviewed using one of our Services until such time as you provide us with written notice of cancellation;

if you wish to change your ASIC registered agent to someone other than us, or wish to request a cessation of us as your ASIC Registered Agent, you must inform us in writing by creating a support ticket from your account or filling out this form (ApplyforanABN/cessation). If you do not inform us that you no longer wish us to be your ASIC Registered Agent in writing, you understand we will continue to receive your ASIC documents until you contact us or ASIC.

you authorise us to change the contact email of your company review notification with ASIC to our own or one of our ASIC Registered Agent partner services so we can receive future company name correspondence from ASIC on your behalf in the future;

subject to the pre-payment by you of all relevant fees, you authorise us to contact ASIC on your behalf, lodge your application for application or review of your company name on your behalf, access your ASIC corporate key, communicate with ASIC and attend to the Company Review of any company name registered or reviewed through one of our Services to prevent the cancellation of your Company Name.

If your contact details change, you must notify us of such changes through our Website.

You acknowledge that submission of a company name registration or review application through this Website does not guarantee that you will successfully obtain the registration or review of that company name, and ApplyforanABN does not make any warranties as to the successful registration or review of your company name.

You acknowledge it is your responsibility, once you have made your payment to us, to periodically log into your account and check your company name has been successfully reviewed and you have received your ‘Company Review’ and “Company Statement” within 7-14 days of your ‘Review Date’, as shown in the ‘Companies’ section of your account with us. If you have not received your “Company Statement” within 31 days of your ‘Review Date’ you must contact us so we can investigate if you paid two different companies to perform your review, or if there were technical glitches with the ASIC system.

If you or your company has any outstanding fees, or late fees with ASIC, you understand we will pass these fees onto you, plus add our own service fee on top, in the way of an invoice that you must pay in full before we can continue any review or registration services for you.

If you do not pay your outstanding fees, or late fees with ASIC, by the due date of your Company Review, you understand we will not perform your Company Review. If you request a refund from us during this time, or after your Company Review was due, we will issue you a partial refund, minus our $66 admin fee.

Ongoing annual Company Review services

You acknowledge and agree that if you have used our Services to register or review a company name:

subject to clause 3.2, we may transfer the ongoing management of your company name (including any review services) to one of our preferred partners or associated services prior to the expiry date of your Company Review;

when your Company Review is due for processing, either ApplyforanABN.com.au or one of its preferred partners or associated services may contact you in regard to performing future company or services for you, unless you have chosen one of our auto-renew options.

You acknowledge and agree that if you have chosen our auto renew option to register or review a company name:

we won’t contact you before reviewing your company name, we will review it for you automatically as soon as ASIC allows us to as ASIC Registered Agents.

you will contact us at least 60 days before your next Company Review date if you wish to cancel our review services.

if we have billed you for the auto-renewal, and you did not contact us 60 days before your next review, there will be no refund, unless we are not able to perform your Company Review.

When we transfer the ongoing management of your company name (including any review services) to one of our preferred partners or associated services:

we will transfer to the preferred partner or associated services all available information (including your contact information, ASIC corporate key, and company name registration details) which is necessary to enable that partner or service to provide you with the Company Review service;

our preferred partner or associated service will contact you regarding the service before initiating the review by your email address or phone number provided by you to us through the Website.

Our Fees, Payments and Late Fee Notifications

Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you upon entering your Reference Number in our Website and/or by your submission of the company name registration application or review form.

Payment must be made strictly by credit card immediately upon confirmation of your order.

We will not lodge your application for company name registration or Company Review with ASIC until you pay all relevant fees and charges, including any ASIC Outstanding Fees on your ASIC Debtor Report.

Unless otherwise stated, all fees and charges are in Australian dollars. The fees are inclusive of goods and services tax (GST) where applicable.

You will not pay ASIC directly to perform your Company Review once you have engaged us, or pay any other company or entity to perform your Company Review, unless you have advised us in writing that you no longer want us to be your ASIC Registered Agents. You understand that we can not perform your Company Review if you have engaged other parties to attempt to perform your review, and we will not be liable for any late fees you accrue from ASIC in this regard and it is your responsibility to change the Appointment of your ASIC Registered Agent if you request a refund from us or request to cancel your service or double-pay an alternate service.

Late Fees: if you have any ASIC Outstanding Fees on your Debtors Report with ASIC, we charge an additional service fee, on top of ASIC’s “outstanding fees” to process and reinstate your Company Name if you wish for us to review it.

Late Fees: if you or your company has any outstanding fees, or late fees with ASIC, you understand we will pass these fees onto you, plus add our own service fee on top, in the way of an invoice that you must pay in full before we can continue processing any review or registration services for you.

Refund Policy

We can only issue partial or full refunds to the original credit card you initially engaged our services with. Our secure payment gateway service provider states we can not issue refunds any other way. This is due to in case of a bank dispute, where they will need to see the amount refunded back to the original card in file.

If you are a first-time customer, we offer a 48-hour partial-refund money back guarantee (we retain $33 for our payment-gateway refund fees that we incur), as long as we have not performed your company name registration or Company Review service with ASIC on your behalf (mentioned in “1. Nature Of Services” above). If you wish to seek a refund before your “Review Date”, and before we have provided our review service to you, and within 48 hours of making initial payment, please send us a support ticket request entitled “Refund” to “help@ApplyforanABN ” or fill out this form (https://ApplyforanABN /refund-form) and we will explain our refund process to you within 2 business days.

Renewals: “Change-of-mind” refunds after 48 hours, but within 30 days, will incur a $66 admin and bookkeeping fee. This means, we will withhold $66 from your refund, if your refund is requested within 30 days of initial payment. However, no refund will be issued if we have already performed your Company Review on or after your “Review Date”.

Registrations: “Change-of-mind” refunds, at any time, will incur a $66 admin and bookkeeping fee. This means, we will withhold $66 from your refund. However, no refund will be issued if we have already performed your company name registration.

Auto-Annual-Reviews: We can not refund ‘auto-annual-reviews’ if you didn’t give us 60 days notice to cancel before your next auto-review was due, as mentioned in the terms above. If we have not yet performed your Company Review, we can offer you a partial-refund, minus $66 administration and partial-service fee.

The “Service has been completely performed” if our review systems have engaged the ASIC system on or after your “Review Date”. Your Review Date was and is clearly displayed on your Reference Notification Letter and/or email notification that we send you when your Company Review has been successfully reviewed or registered.

You acknowledge and agree that a full or partial refund under clause 5.1 is only available if you request it within 30-days of your initial payment, and we have not yet performed the Company Review service, is before your “Review Date” and you understand the refund amount will not include any third party fees (including ASIC registration or review fees) which we have incurred on your behalf, and will not include our $66 admin, software system service and bookkeeping fee.

If you request your refund after 30-days, but we have not delivered your Company Statement and Corporate Key to you, we will refund you what you paid us minus $66 for our administration and partial service fees. The ‘partial service fees’ include our ‘notification, registration, review, admin, gateway refund fees and bookkeeping services’ as explained in “1. Nature of our Services” above.

We can only refund you to the original credit card you initially used to pay us when you engaged our renewal services. We can not refund you via any other method.

If you are unhappy with our refund process, please submit a support ticket from your account or on our contact page with “Complaint” in the subject header (to: help@ApplyforanABN.com.au) so you can make a formal complaint in writing. We will reply to you within 2 business days.

If we provide you with a partial or full refund, it is your own responsibility to contact ASIC directly, or to arrange for someone to contact ASIC on your behalf, to check on the status of your Company Review and to request for us to cease being appointed as your ASIC Registered Agent, and/or to change your appointment to someone else, and to update your own contact details and request your own ASIC documents going forward.

Late Fees: We can not refund late fees that have already been paid to ASIC.

Late Fees: if we have informed you that you have LATE FEES with ASIC, our minimum charge for this service is $66 inc GST. If you have engaged our services to perform your Company Review and request a refund, you acknowledge we will withhold $66 as a “Late Fee Notification Service”.

Cessation as Agent: if you or another person or bookkeeper or accountant changes the appointment of us as your ASIC Registered Agent to someone else, or requests a cessation of us as your agent, you acknowledge we will not be able to perform your Company Review and you will only be entitled to a partial refund, minus $66 admin fee, if you request a refund.

If you discuss a “bank dispute” with your bank, or cancel your credit card, it is not possible for us to refund you, and you must continue dealing with your bank.

Bank Dispute

If you file a bank dispute, or mention that you have contacted your bank about a bank dispute, we can not refund you due to the policy of our secure payment gateway provider stating that we can only refund to the original card on file, to prove in a bank dispute that we have already refunded some or all of the initial payment. We can never refund you to a bank account other than the original card you initially engaged us with. In this case, you must continue dealing with your bank.

If you file a bank dispute to claw back your payment to us, and if you wrongly succeed in your bank dispute, if we have successfully paid your statutory annual Review Fees and performed our ‘services’ (as above), we will issue you a new invoice at the same rate as our previous invoice, plus charge an additional $66 administration fee on top. If you do not pay the additional invoice within 7 days of its creation, you give us permission to automatically process the second invoice, as a full payment to make us whole, with your credit card on file.

Your Privacy and Security of your Personal Information, Opt-In Marketing Material.

Our privacy notice (ApplyforanABN.com.au/privacy) explains how we collect and disseminate the information provided in this application.We collect personal and company-related data and information about you in relation to your company that is publicly available on the internet. We do this to offer you a premium Company Review service to save you the time and hassle of performing this task yourself.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information;

(ii) how you can lodge a complaint regarding the handling of your personal information; and

(iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us during business hours on 1300 060 066 or email us at help@ApplyforanABN.com.au

Opt-In Marketing Emails from our Partners and Affiliates

When you engage us to perform your Company Review, in the Declaration tick-box section, you were given to option to opt-in to receive email or phone calls in regards to business services or promotional material that could help your company. If you ticked the marketing material box, or left the box ticked, our partners and affiliates will send you emails from time to time to offer you business services that can help your company.

Some of our partners and affiliates include; Business Funding Services, Drop Catcher Services, Business Renewal Services, General Business Services, Bookkeeping Services.

If our partners or affiliates send email messages to you, they will do so manually, individually and directly because you conspicuously allowed your email address to be used for our partners and affiliates to contact you. You gave or inferred your consent that you would wish to be emailed. You may choose to click on the Unsubscribe link in the footer of the email if you don’t want that particular partner or affiliate to contact you again at that particular email address in the future. All our partners and affiliates take unsubscription requests seriously. Please note, if you unsubscribe, that particular partner or affiliate will no longer notify you of any business services options in the future.

SMS Terms and Conditions

– Opt-out: You can cancel the SMS service at any time. You need to submit a support ticket from our CONTACT PAGE. We will reply to your support ticket when we have actioned your Opt-out request.

– Interruption: We and our Phone Carriers are not liable for delayed or undelivered messages.

– Privacy: If you have any questions regarding privacy, please read our privacy policy.

Disclaimer

Accuracy, completeness and timeliness of information

We make no warranty in regard to the accuracy or completeness of the information on this Website.

We are not liable to you or to any third party in the event of interference with, or damage to, your computer systems or networks in connection with the use of this Website or a linked website.

ApplyforanABN.com.au reserves the right to review and change any of the Terms from time to time and without notice at its sole discretion, in which event we will use reasonable endeavours to provide you with notice of the updated Terms. Any changes to the Terms take immediate effect from the date of their publication.

Linked sites

Our Website may contain links to third-party websites. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated, ApplyforanABN.com.au does not endorse and is not responsible for the content on those third-party linked websites and has no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise stated, ApplyforanABN.com.au owns or licenses all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio, and software) made available on or via this website (‘Content’).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this website or the Content.

All other use, copying, or reproduction of this Website, the Content, or any part thereof is prohibited, except to the extent permitted by law.

Unacceptable activity

You must not do any act or thing that we would deem to be inappropriate, is unlawful or is prohibited by any laws relating to our Website, including but not limited to:

using this website to defame or libel ApplyforanABN.com.au our employees or other individuals;

uploading files that contain viruses that may cause damage to ApplyforanABN.com.au systems or property or the systems or property of other individuals;

If ApplyforanABN.com.au allows you to post any information to our Website, you acknowledge and agree that we have the right to take down this information at our sole discretion and without notice.

Disclaimer and indemnity

You acknowledge and agree that ApplyforanABN.com.au

provides a private, commercial, non-government online renewal and application Service and is a computer program (albeit sometimes with manual and/or human review);

is not ASIC, an accountant, a tax agent, a solicitor, an accounting firm, a bookkeeping service or legal firm;

does not give, nor purport to give, legal, accounting or taxation advice.

Despite ApplyforanABN.com.au best efforts to explain relevant matters and instructions clearly on its support telephone lines, support emails and marketing material, you acknowledge and agree that:

you may misconstrue such explanations and instructions or omit to read them (including offered guidance and information shown or available at the bottom of marketing material); and

ApplyforanABN.com.au will not be liable in respect of any such misconstructions or omissions.

ApplyforanABN.com.au ’s sole purpose is to assist you to review or register a company name or to do the data input work to review or apply for a company name. You agree not to use ApplyforanABN.com.au if it is imperative that the proposed company name be registered, reviewed, transferred, restored or cancelled by a particular time or date. You agree not to use ApplyforanABN.com.au to perform your Company Review if it has already been cancelled by ASIC.

Although every effort has been made to take account of every combination of circumstances, ApplyforanABN.com.au being a computer program and an online review automation software tool, may not have been written in such a way so as to foresee and take into account every combination of unusual circumstances.

If your Company Review on the ASIC online system has been reviewed with the assistance of ApplyforanABN.com.au ApplyforanABN.com.au will have entirely (and will be deemed to have entirely) fulfilled its purpose, and as such you will have no claim whatsoever against ApplyforanABN.com.au

To the maximum extent permitted by law, including the Australian Consumer Law, we make no ApplyforanABN.com.au or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

You indemnify us from and against any losses or claims arising out of, or as a consequence of, your negligent, wrongful, unlawful or incorrect reading of our marketing material.

Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Online Business Registration Services is a Privately operated website. We are not ASIC. To visit ASIC’s website please go to asic.gov.au