1. Using this Website
These terms and conditions (Terms) govern your use of abnfile.com.au (“Website”) supplied by Inter Tax Accounting Pty Ltd ACN 616 270 841, Registered TAX Agent No. 25532505, registered ASIC Agent No. 34374 located at: Levels 5 & 6, 616 Harris Street, Sydney, NSW 2007 (“abnfile.com.au” “Abn File”, “abnfile”, “we”, “us”)
By using abnfile.com.au, you accept and agree to be bound by the Terms, which forms a binding contractual agreement between you and us. We provide services by lodging an application to register Australian Business Number (ABN), Tax File Number (TFN), Business Name (BN) or Goods and Services Tax (GST) on your behalf, based on information provided by you or your representative (“Services”). The Service ordered by you or your representative, directly or indirectly, whether or not provided through or using the medium of this Website, is subject to these terms and conditions. Do not use this Website or order Services from us if you do not agree with these Terms. If you are a professional adviser, you warrant that you are duly authorised by your client to use this Website and order our Services. We accept no responsibility for any loss or damage arising directly or indirectly from failure to obtain proper authorisation. We may change these Terms from time from time by updating this page of the Website, by continuously using the Website, you agree to be bound by the updated Terms .
2. No Tax, Legal or Financial Advice
We do NOT and intend to provide professional tax, legal or financial advice of any kind. All information provided by the Website is generic public information we took from relevant authorities, including information that is:
- provided on the Website;
- being whole or part of our Services; or
- provided by our staff via the Website, email, telephone, or by any other manners of correspondence and communication.
We do NOT provide or intend to provide professional advice in relation to appropriateness or the suitability of your application or Services provided by this Website. It is your sole responsibility to ensure that the Services through the Website are ones that meet your requirements.
Before using this Website, we strongly suggest you obtain legal, financial, investment or other professional advice; or directly contact government agencies, such as Australian Securities and Investment Commission (ASIC), Australian Taxation Office (ATO), etc. (the ‘Authorities’).
By not seeking such advice, you accept the risk that the information on the Website, contained in the Services or provided by our staff may not meet the specific needs of your business. Without seeking professional advice, you may also at your own risk that you may mis-interpret some information on this Website.
During the process of providing our Service, we may lodge application to relevant Authorities on behalf of you. Your application is solely based on information provided by you or your representative.
We will not provide advice or checking service in relation to those information. It is your responsibility to ensure that information provided by you is accurate, complete and update to date at the time of the lodgment. We do not accept any liability arising from or in relation to inaccurate, incomplete or outdate information provided by you.
3. Your Obligation and Acknowledgment
We provide and ONLY provide the Service for a service fee. By clicking the “submit” button, you complete the ordering of the Service and is liable to pay our fee.
- No checking service
You agree that we lodge your application solely based on information you provide. Prior to lodging the application, we do not check information provided by you for error. It is your sole obligation to ensure that any information you give to abnfile.com.au is complete, accurate, honest and up-to-date.
- Change of your information
The Authorities may contact you or send notifications to you time from time in accordance with the contact details provided on your application form. You are obliged by law to notify any change of your information and contact details to the Authorities. Please be aware that supplying the ATO or ASIC with false or misleading information is a federal offence and may be liable for penalties. If your information is changed after you submit your application, you can update your information by sending email to us: firstname.lastname@example.org, and we will update the change to the Authorities on behalf of you.
- Further requisition
We reserve the rights to contact you to verify your identity at any time. You are obliged to answer further questions in relation to you and your company, and nature of your business to assistant us with your registration application. We may do so by contacting you by emails, phone calls or other communication means.
- Release of Liability
You agree that we are not responsible for the content of any information provided by you, any responses to any requisitions or any error or mistake that you make, or any misunderstanding or lack of understanding of the information or our questions, or how to answer them. You agree to release us from all liability for any direct or consequential loss or damage arising out of or in connection with information you provided that is not accurate, complete or up-to-date. We or authorities may be not able to notify you if you provided incorrect contact details, especially the postal details as: *ATO will post correspondence including your TFN letter directly to your postal address provided in your application form. If the address is incorrect or you fail to notify us or ATO pursuant to clause 3 of this Terms, you will not receive the documents. *it is your responsibility to ensure your postal address is correct and up to date. We do not take responsibilities to forward/respond to any correspondence sent by ATO to us in relation to you unless you select “Service of Soft Copy”.
4. Your rights
You agree not to:
- Use any of the Website Content for commercial purposes;
- Translate, reverse engineer, adjust or alter any part of the Website;
- License, print or offer the Content to use on another internet site;
- Modify or edit the Content in any shape, way of form;
- Links to this Website from another web site without our written consent;
- Amend or eliminate some of the trademarks, copyrights or proprietary fields of the Website;
- Utilize any manual process or automatic device, for example spiders and robots, to reproduce or monitor the Content without our written consent;
- Endeavor to influence the working order of the Website in any way, including with the use of any apparatus or software.
5. Intellectual property
We and our licensors own the intellectual property rights of all Content and information, and also the arrangement of all Content. It is forbidden to duplicate, publicly transmit, change, delete or replicate the information without our express permission, except regarding storage or printing for personal or different special use permitted under copyright law. You must not use trade marks, logos and product titles of the Website and its Content without express written consent from either us or the relevant rights holder.
6. Our Services
You agree that our Service is strictly limited to lodging an application to register an Australian Business Number (ABN), Business Name, Tax File Number (TFN) or Goods And Services Tax (GST) based on information provided by you or your representative.
In order for us to carry out the Service, you authorize us (through our corresponding division) or our nominated representative as: your registration agent, acting on your behalf ONLY in the process of providing the Services.
By using or ordering Services from this Website, you warrant that the information you provide, including the declaration upon submitting the ABN registration application is, to the best of your knowledge, complete, accurate, honest and up-to-date. It is a federal offence to provide false or misleading information to the Authorities, you may also be liable for penalties.
By ordering services from us, you are also obliged to inform us of any changes to the supplied information, which can be done through contacting us at this page. We reserve the rights to contact you to verify your identity at all time.
You are obliged to answer further questions in relation to your personal details and the nature of your business to assistant us with the application. We may do so by contacting you by emails, phone calls or other communication means. The Website aims to provide user with both clear and succinct information. However, if this information is misinterpreted, we are not held liable in any way for any such misinterpretation.
Users can contact us if the need to clarify something arises. We accept no responsibility for any information provided by you, any responses to questions raised by us or any error or mistake that you make in providing that information or responses, or any misunderstanding or lack of understanding of the information or our questions, or how to answer them. You agree to release us from all liability for any loss or damage arising out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
We do not advise you of the suitability or appropriateness of the Services for your individual needs. You must ensure the Services you purchase via the Website are suitable for your specific requirements. If you require further information or guidance, you should contact your accountant or lawyer, the Australian Taxation Office (ATO), or the Australian Securities and Investment Commission (ASIC).
Although our team includes start-up experts and accountants, we do not provide, or claim to provide, financial or legal advice. The Services do not include legal or accounting services.
Your use of our online ABN and Business Name registration applications is taken as an agreement that any information you supply is complete, accurate and up-to-date. Supplying the ATO or ASIC with false or misleading information is an offence. It is your responsibility to inform us of any changes to your information, which you can do by contacting us at email@example.com.
In the event that you provide us with incorrect information, neither we (nor any of our authorized representatives) will be liable for any charges, damages or loss that arise in connection with that information.
The aim of this Website is to provide you with clear and succinct information. We are not liable if you misinterpret such information. If you require clarification on any of our information, please contact us.
We aim to start work on your ABN registration and Business Name application as soon as we receive them from you. You authorize us (through our corresponding division) or our nominated representative to act as:
- Your registered tax agent, acting on your behalf in your ABN, TFN or GST application; and
- Your ASIC registered agent, if relevant, acting on your behalf, in your Business Name application.
- If the ATO rejects your application, our registered tax agent will, acting on your behalf, contact the ATO in an attempt to resolve any issues that may have arisen with regard to your application. We will inform you of the reasons that your application failed, and will attempt to find appropriate solutions wherever possible. We will advise you immediately after we secure your ABN, and will resign as your tax agent.
ABN, TFN, GST registration process – No guarantee of your results Once you submit your application through our Website, we and our chosen representative are immediately authorised by you to act as:
- you registration agent on behalf of you, in the application for an ABN, TFN, GST, if this is relevant; and/or
- Your ASIC registered agent, if relevant.
We declare that we do not guarantee a successful result for our Service as the Authorities may reject your application for various reasons. By acknowledgement of this declaration, you agree that we will not be liable for any loss or damage arising out of any rejection results or adverse outcome of your application, or incurred by you or your actions as a result of any reliance you place on the Website or its content.
In the event that the ATO rejects your application, we will get in touch with you to explain other options available to you in establishing your business. If you decide you do not wish to proceed, your ABN application will be cancelled and you will be issued with a full refund.
If the ATO places your application under review, it will be subjected to the standard 28-day response period. The ATO may advise you directly by post, using the address supplied in your application. You will usually receive notification within 14 days of the date that your application was filed.
If you submit applications for an ABN and Business Name at the same time, and the ABN is refused, we will cancel both of your ABN and Business Name applications. You will be notified once your ABN is secured.
Business Name registration process – No guarantee of your results
Any Business Name availability checks conducted using the Website’s Registration Form are dependent on the ASIC business name register (ASIC Register). We will not be held responsible if the ASIC Register system experiences technical problems, including maintenance or downtime, or for omissions or errors in the ASIC Register.
If the Business Name application form availability check reveals your Business Name is not available, your application for that Business Name will be terminated. If for any reason the ASIC Register is unavailable, and you still want to proceed, we can manually submit your Business Name application.
In the event of a manual application, we are unable to check the availability of your chosen Business Name using the ASIC Register. If your Business Name is not available, you can decide whether to:
- Select an alternative business name; or
- Receive a full application fee refund from us, minus the Administration Charge.
- If we notify you that your Business Name is not available, and you do not request a different business name within 10 days of this notification, we will issue the refund as detailed above.
- Submitting a Business Name application via the Website does not guarantee successful registration of the Business Name. We are unable to provide any guarantees regarding the registration of your Business Name.
- If ASIC needs to manually review your Business Name, the registration of your Business Name may be delayed, or may not be successful.
- The ASIC Register Business Name availability check is conducted on the date we receive your Business Name application.
- We endeavor to file your Business Name application with ASIC as soon as possible after we receive your application. We will notify you if your desired Business Name is not available when we submit your Business Name application, in order that you can choose an alternative Business Name. We will not be held liable for any costs, damage or direct or indirect losses incurred by you due as a result of your Business Name’s unavailability for registration.
- You recognize that registering a Business Name does not stop third parties registering a similar trade mark, business or company name, or using a similar name as an unregistered trade mark.
- If, for any reason, ASIC rejects or queries your Business Name application, we will liaise with ASIC on your behalf in an attempt to resolve problems that have arisen with your application. We will notify you of the reasons your application failed, and will discuss possible solutions with you wherever possible.
- If ASIC must manually review your application, we may require further evidence from you that supports your right to use certain terms. We will notify you of our requirements, and request you provide all requested information within a specified time period. If you fail to comply, we may discontinue your Business Name application.
- If you wish to seek a review of an ASIC decision, you must lodge an objection within 28 days of the date of the ASIC notice.
- We will act on your behalf and seek to overcome any objections, but cannot make any guarantees of success. In the event that your objection is unsuccessful, your Business Name application will be canceled, and your application fee refunded in full.
- You must obtain an ABN before registering a Business Name. If you fail to obtain an ABN, we may not be able to successfully complete your Business Name registration.
9. Fees and disbursements
Unless it has been otherwise noted in the Terms listed, any fees and charges payable to us are to be paid by users on submission of the ABN application, or renewal form, or an Business Name registration application form. A user’s registration application form or their renewal form will not be successfully submitted until the user has paid all the necessary fees and charges.
All payable fees and charges are to be in Australian dollars, unless it has been specified otherwise.
Our service fees include goods and services tax (GST).
Fees payable to the ATO and ASIC during the provision of our services are exempt from GST as government charges are not subjected to GST.
- All sales of our Website are final and strict no-refund policy will be enforced. Our Services are automatic and operated in real-time in coordination with the relevant government agency. As a result, Services usually commence immediately after you submit your application and pay the associated and cannot be withdrawn.
We will not offer refunds of fees paid in relation to our Services, to the extent permitted by law, except in the following circumstances:
- Immediately after you submit your registration application on our Website, you advise us that you decide to withdraw your application. If your application process has not been processed by our staff or our system, we may offer you a discretional refund after reasonable deduction of a reasonable administration costs.
- You submitted an application which has been put on hold and you decide to withdraw the application. In this case, we may, on our discretion, offer you a 50% refund if no further costs of service are generated.
- If we receive any refund of your paid disbursement from government agencies or authorities, we will inform you and process the refund to your designated account as soon as practical.
- We may apply the above refund to off-set the amount you owe to us in connection with this agreement.
Disputes and chargebacks filed with your bank or/and with your credit card company will be considered as a breach of the Terms and Conditions. As such, we will no longer be representing you as your TAX agent and will immediately proceed to revoke and terminate any ABN, Business Name, TFN or GST registration filed by us on your behalf should this scenario occur.
10. Accuracy of information
This Website and its Content are provided for display purpose only. While we endeavour to ensure each of Website information is complete, accurate, and current, we do not make any warranties in regard to the reliability, completeness, currency, or accuracy of this Content.
11. Website Availability
We do our best to make sure the Website, including its own Content, performance, functionality and features, is always available, however we don’t assert nor guarantee that access will soon be without any errors or uninterrupted. Nor do we represent that the site or its related host is virus- free or bug-free, or free of other interference or harmful software. It is your duty to perform decent virus tests and to make sure adequate procedures are in place to fulfill your own requirements. In case of system failure, maintenance, repairs or any other reasons beyond our control affecting the site, we may suspend your Website access without any prior notice.
13. Limitation of liability
This Website serves as a conduit ONLY to organise information provided by you and then send the information to the relevant authorities to make the relevant application. As such, you agree that we are not liable for any damage of loss arising out from or in connection with the information you provide. You also agree that we are not liable for any mistake, error or negligence on your part or relevant third party agencies’ part.
You acknowledge that we will not be liable for any loss or damage for/in connection to any rejections results or adverse outcome of your application, or incurred by you as a result of any reliance you place on the Website or its content. And you agree to use this Website entirely at your own risk and accept full responsibility for and any loss and damages incurred by your access to, reliance on, or downloading or use of Content accessed on or via the Website. T
o the greatest extent legally permissible, we exclude any liability which appears as consequence of your usage of the Website, Content or Services. Where it is not possible to exclude liability, any liability we incur will be, to the degree permitted by law, limited as provided and as per options available to us under section 64A of the Australian Consumer Law in Schedule 2 to the Contest and Consumer Act 2010 (ACL).
You agree that we are not liable for any damage and loss resulting from any computer virus or spyware not intentionally transmitted from our Website to your device or any third party computer. You also agree that we are not liable for any damage and loss resulting from interruption of usage of this Website, Content or Services.
14. Alternative Party Sites
The Website may include links be on other Websites that are neither maintained nor commanded by us (Third Party Sites). Such links to Third Party Sites are given only for the convenience and, to the maximum extent permitted by law, so we will not be held accountable for their content. Thirdparty Site links don’t imply that:
- The Third Party Site is affiliated with us whatsoever;
- The Third Party Site has legal authority to make use of our logos, copyright, trademarks or trade names; or
- We make no warranties, representations or undertakings pertaining to information available through or on any Third Party Website.
We reserve the right to terminate this agreement in the event that you breach any of the Terms.
This agreement is governed by the laws of the State of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in respect of any proceedings in connection with this agreement.
Any provision of this agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
This agreement embodies the entire agreement between the parties with respect to the subject matter of this agreement and supersedes any prior negotiation, arrangement, understanding or agreement with respect to the subject matter or any term of this agreement.