TERMS AND CONDITIONS


When you use, access or browse this website, you acknowledge and agree to being bound by the terms and conditions which are detailed in this document, normally referred to as “our terms”. In addition, you adhere to all of the laws and regulations contained in these Terms and Conditions. The user who is completing the ABN Number form is hereinafter referred to as “the applicant”. The terms “we", “our” and “the company” refer to abn-register.com.au as a complete entity.

GENERAL INFORMATION

The following requirements of information provided by the customer are recorded as personal information in the secure database of this website: name, place of birth, date of birth, passport number, expiry date, date of issue and type of support document, email address, postal address, telephone number, connection log, information about the IP connection, cookies and payment record. For more information regarding this section, visit our privacy policy.

The applicant must never: provide false or incorrect information; omit information that is required on the online application form, or be considered unsuitable to complete the application process or may not comply with the eligibility requirements or otherwise ignoring or changing the registration procedure. If this, or any of its different variables occurs, the company reserves the right to cancel or delete the applicant’s data.

Use of our website

The abn-register.com.au website and any of its related services only applies to personal use. Our company is a private company and does not have any type of affiliation with the Government of Australia. On the other hand, users of this website will respect its property and will not re-use, copy, change or download any of it, in part or fully, for commercial use.

Content of the Service

The applicant agrees with the conditions specified herein. The methods relating to the conditions of supply of this website are solely defined by abn-register.com.au. Bear in mind that the conditions described may be modified, altered or changed at any time for technical reasons, security reasons or those outside the scope of the service.

The service

Our function consists of processing online requests to process the ABN Number. We use an in-house service in which we inform, collect information and present the name of the applicant to the corresponding authorities or bodies. It is clear from this moment, that by providing you a service, you become our customer and therefore the conditions described apply to you. Our responsibility and objective is limited to the receipt, management, help and support in the tax registration and processing and falls short of the decisions of the corresponding governmental authority in relation to the final result of the application.

When you send us your application and it is accepted, you will receive an email in which we will notify you of said acceptance. Given the characteristics of the order, it will be carried out as soon as possible. The request, processing and acquisition of a ABN Number is a fully personalised service for the customer. From this precise moment the contract is formalised between you and ourselves, being a valid, current and binding legal transaction.

Our service consists of processing ABN Number, and is used to request and process the Birth Certificate of Australia for foreign and national citizens. Our expert agents team will help in processing the Birth Certificate of the Government of Australia. Our exclusive services include, amongst other things; a detailed check of all of the answers provided, translation of the information, assistance when completing the form, checking the document is fully complete, and a grammar check.

The governmental authorities are authorised to request additional documentation, if necessary, which we will in turn request from you. This documentation can relate to various factors that are not dependent upon our company, and in our work as agents we will ask you as the customer. You agree to send said additional documentation such as a TFN document to us to be able to complete your ABN Number in the time period stipulated by the government. Otherwise, your application will expire in the next 6 hours after submitting your ABN application form, due to the failure of your obligations as a customer, cancelling the application without possibility of a refund of any of the amounts paid given that there is no error, omission or fault attributable to our company.

Our work will, as far as possible, be to provide you with accurate and clear information to ensure you obtain your ABN Number, in due form and on time. You must bear in mind that the criteria is general and variable, depending on the relevant authority who may change the requirements. Our work will be to inform you promptly of any changes that may occur. Obtaining an ABN Number solely depends on the authority in charge of this function, so we cannot guarantee under any circumstances that it will be issued and on time, so the fees paid to our company are for the processing, management, help and support, and never as an issuer of ABN Number.

Our services

We do not give any advice as to the appropriateness or suitability of the Services for you. We do not give or claim to give legal or financial advice. It is solely your responsibility to ensure that the Services you purchase through our website meet your requirements. If you are unsure about your requirements, you should contact the Australian Securities and Investment Commission (ASIC), Australian Taxation Office (ATO), your accountant or lawyer.

By using our online registration applications, you warrant that the information you supply, including your declaration on submitting the ABN, Business Name or GST registration application is, to the best of your knowledge, accurate, complete and up-to-date. It is an offence to provide false or misleading information to ASIC or the ATO. It is your responsibility to inform us of any changes to that information. You may do this by contacting us by email to [email protected] as soon as possible.

We may at any time request a form of identification to verify your identity, in connection with our Services.

Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you.

This website tries to offer you with information that is both clear and concise. However, if you misinterpret such material, we are not responsible for any resulting misinterpretation. If you have any questions, please contact us.

We endeavour to begin working on your registration applications immediately after you have submitted them to us. For this purpose, you authorise us (through this website) or our nominated representative to act as:
- your ASIC registered agent on your behalf, in your application for a Business Name.
- your registered tax agent on your behalf, in your application for an ABN, if relevant.

Business Name registration services

Business Name availability checks carried out via the Business Name application form on the Website are dependent on the ASIC business names register (ASIC). We are not responsible for any errors or omissions on the ASIC Register or if the ASIC Register or its system is experiencing technical issues, such as downtime or maintenance.

Submission of a Business Name application through the Website does not guarantee that you will successfully obtain the registration of that Business Name. We do not make any warranties as to the registrability of your Business Name.

If your Business Name is not available to you on carrying out the availability check on the Business Name application form, your application will not proceed for that Business Name.

An ABN must be obtained before a person can register a Business Name. If you do not obtain an ABN, then we may not be able to successfully register a Business Name on your behalf.

If the ASIC Register is not available for any reason, we can manually file your Business Name application. If we file your Business Name application manually in such instances, we would be unable to check the ASIC Register to ascertain if your Business Name is available. If your chosen Business Name is unavailable you can either:
- choose another business name;
- obtain a full refund of your application fees from us, less the $49 administration and handling fee (Administration Charge).

If you do not make the election referred to in paragraph above, within 5 days of us notifying you that your Business Name is unavailable, we will just provide you with the refund less the $49 administration and handling fee (Administration Charge).

If your Business Name needs to be reviewed manually by ASIC, then this may delay the registration of your Business Name or result in your Business Name not being successfully registered.

The Business Name availability check on the ASIC Register is carried out on the date that you submit your Business Name application to us.

We try to submit your Business Name application to ASIC as soon as possible after receipt of your Business Name application. If, for any reason, your chosen Business Name is no longer available to you when we submit your Business Name application, we will notify you as soon as possible so that you can select a different Business Name. We are not liable for any direct or indirect loss, costs or damage incurred or suffered by you due to your chosen Business Name not being available for registration.

Registration of a Business Name does not prevent third parties from:
- registering a trade mark identical or similar to your Business Name,
- registering a company or business name, which is similar to your Business Name,
- using an identical or similar name as an unregistered trade mark.

If your Business Name application is rejected or queried by ASIC for any reason, we will contact ASIC on your behalf and attempt to resolve any application problems that may have arisen. We will then advise you of the reason that your application has been rejected and offer possible solutions where it is practicable to do so.

If your application requires manual review by ASIC, we may need further evidence of your right to use certain terms. If you do not provide the requested information within the relevant time period, as notified by us, then your Business Name application may be discontinued.

To seek a review of a decision by ASIC, an objection must be lodged with ASIC within 28 days of the date of the notice from ASIC.

While we will try to overcome objections on your behalf, we do not make any warranty or guarantee that we will be able to do so. If your objection is not successful, we will cancel your Business Name application and refund your application fee in full.

Business Name renewal services

We will send you an automated notification to renew any Business Names registered through the Website prior to the expiry date of your Business Name. This notification will be sent to the email address or phone number by SMS provided by you in your Business Name application form. If your contact details change, you are responsible to notify us of such changes.

It is your responsibility to renew your Business Name and we are not liable for any loss or damage suffered by you due to your failure to renew your Business Name or if you do not receive the informative notification from us. We recommend that you also diarise your Business Name renewal date.

Fees

Fees include the charges for our service, those charged by the competent authority, if a courier service is required it will be paid for by the customer. Our companies’ fees are non-refundable, as are the payments made in your name to the authorities.

Unless otherwise specified in these Terms, any fees and charges payable to us must be paid by you on submission of the Business Name registration application or renewal form or your ABN registration application form. Your registration application or renewal form will not be successfully submitted until you pay all relevant fees and charges.

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

The cost of the management service is $69.00, which will be charged when your application is accepted.

Before making a payment for the ABN application, you will have the opportunity to check all the details you have provided on your screen and make the appropriate changes if necessary. If you have made any errors, it is important that you correct them before proceeding. Once you have confirmed the details, you will be required to proceed with the payment.

By contracting our services, you are accepting this terms and conditions policy and are agreeing to be bound to Merchant of Record Assistant Docs Registration Pty Ltd under the ABN: 46641756514, which is assuming a series of administrative responsibilities and is responsible as the financial institution which processes the applicant’s payments that go through abn-register.com.au, including taxes, compliance risk, refund requests or any other dispute. The Merchant of Record ensures that all digital transactions are encrypted and protected by high-tech firewalls and physical security, managed with precision and in full compliance with Legal Regulations.

Refunds

- To the extent permitted by law, we do not provide any refund of fees paid in connection with the Services except as stated in these Terms, including: - if you notify us that you would like to withdraw your application for a Business Name or ABN before we have initiated the registration process. In such circumstances, we may provide you with a full refund less the Administration Charge ($49). However, as our services are automated and synchronise in real time with the relevant Commonwealth government agency, we generally commence our Services as soon as you complete your application and pay the application fee. The decision whether to provide you with a refund under such circumstances is entirely at our own discretion; or - If an ABN application has been submitted and put on hold and not issued or the ABN number was already active and you then want to withdraw your application, we may provide you with a partial refund of 50% of the ABN application fee ($34.50), at our discretion.

- If we receive any refund from ASIC with respect to any charges paid by you, we will notify you immediately and will refund such money to your chosen account as soon as possible.

- We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.

Chargebacks

Any disputes or chargebacks filed with your bank or credit card company will be considered a violation of the Terms and Conditions. As a result any service that we have performed on your behalf as a tax agent, such as an ABN, Business Name or GST registrations, will be revoked and terminated immediately if this scenario occurs.

Limitation of Liability

The authority issuing the documents will make the decision in relation to the submitted application. As we have already pointed out, additional documentation may be required for the processing of the ABN Number. Likewise, the authority may reject any application with or without a reason given. Our company does not issue ABN Number or travel documents and, consequently, we cannot guarantee these will be obtained. For this reason, we recommend you apply in good time, as well as postponing purchasing tickets or their equivalents until the birth certificate is obtained. Our company takes no responsibility for costs related to these under any circumstances.

The work of our company, and for which every effort will be made in every respect, is the processing of applications ordered by the customer. At no time will it be liable for possible delays, justified or otherwise, by the government authorities in their acceptance of the application. Neither will it be responsible for possible extra costs which may arise from managing the birth certificate application.

Our company will carry out the necessary procedures to obtain your ABN Number or other documentation, always completed under the instructions given by the customer on the questionnaires which are filled in and submitted with the application. Any contractual error, omission, or lack of good faith will not apply to abn-register.com.au under any circumstances.

Lastly, the customer must bear in mind that the refusal of entry for a person by customs or immigration authorities is possible even when in possession of the appropriate documents, given that they have the last word.

The disputes that may arise from this agreement will be governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.

Our company will not be partially or fully responsible for errors, omissions or delays in relation to necessary third parties, such as transport or logistics companies, or for personal delivery to the address of the requested documentation. In the event of any problem or delay, the applicant must settle the dispute directly with the third party, given that our work is to process and send the requested item as far as we are able to and we never respond for third parties outside our company.