Terms and Conditions

Thank you for visiting our website. This website (Website) is owned by Online Business Registration Pty Ltd (ABN 36 618 716 019). By accessing and/or using this Website and related Services, you agree to these Terms and Conditions (Terms), and our Privacy Policy (available at www.NewBusinessName.com.au). You should review these Terms and our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Online Business Registration Pty Ltd.

1. Registration

1. You may need to be a registered member to access our Services of our Website.

2. When you register and activate your account, you will provide us with personal information such as your name, email address, billing address and an address at which we will provide our Service. You must ensure that this information is accurate and current.

3. We will handle all personal information we collect in accordance with our Privacy Policy at www.NewBusinessName.com.au.

4. When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this user name.

5. Termination – We reserve the right to immediately terminate your access to all or any part of this Website, the Content or the Services.

2. Collection Notice

1. We collect personal information about you in order to provide you with the New Business Name services and for purposes otherwise set out in our Privacy Policy at www.NewBusinessName.com.au.

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

3. Our Privacy Policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at support@NewBusinessName.com.au.

4. 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.

3. Accuracy, completeness and timeliness of information

1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this Website.

2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

3. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

6. Intellectual property rights

1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

2. 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. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

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

7. Unacceptable activity

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

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website any non-authorised material including, but not limited to, 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 we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

8. Services

In general

1. This Website aims to provide you with clear and succinct information. We do not give or claim to give legal or financial advice. We do not give any advice as to the appropriateness or suitability of the Services for you on www.NewBusinessName.com.au.

2. Responsibility – It is the sole responsibility of the user to ensure that any Services you have purchased through the Website are ones that 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. If you misinterpret such information, we are not liable in any way for any such misinterpretation.

3. By using our online applications, you warrant that the information you supply, including your declaration on submitting the Business Name Registration or Renewal or any other  (ABN, GST, PAYG) application is, to the best of your knowledge, accurate, complete and up-to-date.

4. 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. Neither us, 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.

5. Authorise to act as – We endeavour to begin working on your registration applications immediately after you have submitted them to us. For this purpose, you authorise us or our nominated representative to act as:

    1. your ASIC registered agent on your behalf, in your application for a Business Name;
    2. your registered tax agent on your behalf, in your application for an ABN, GST, PAYG if relevant.

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

Business Name Registration service

Business Name availability

1. Our Business Name availability checks carried out via the Business Name registration form on the Website are dependent on the ASIC business names register (ASIC Register).

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

3. Responsibility – 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.

4. 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.

5. 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.

ABN

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.

ASIC Register

1. Manually filing – If the ASIC Register is not available for any reason, we can manually file your Business Name application.

2. 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.

3. If your chosen Business Name is unavailable you can either:

    1. choose another business name; or
    2. obtain a full refund of your application fees from us (Refund).
      1. If you do not make the election, within 7 days of us notifying you that your Business Name is unavailable, we may decide to provide you with the Refund.

4. Manually review by ASIC – 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.

Business Name Registration Application

1. Submission – We try to submit your Business Name application to ASIC as soon as possible after receipt of your Business Name application.

2. 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.

3. Responsibility – 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.

4. By registering a Business Name, it does not prevent third parties from:

  1. registering a trade mark identical or similar to your chosen Business Name; or
  2. registering a company or business name, which is similar to your chosen Business Name; or
  3. using an identical or similar name as an unregistered trade mark.

5. Manual review by ASIC – If your Business Name 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.

6. Review of a decision by ASIC – 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. The cost of lodging an ASIC objection is a non-refundable $59 administration fee over the application fee.

7. 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 and you do not choose other Business Name to register, we will cancel your Business Name application and refund your application fee in full.

Business Name Renewal service

1. Through the Website you can renew you Business Name using our form.

2. 1 Click Renewal – If you already registered or renewed a Business Name with us, we will send you an automated notification called 1 Click Renewal to renew any Business Names registered or renewed through the Website prior to the expiry date of your Business Name. When it is time to renew, you accept that we may try to lodge the renew application automatically if you have not cancelled this service before. Still if we lodged the renewal, you can decide not to renew the business name, in this case you don’t have to pay the renewal fee. If you decide you want to renew the business name, you have to pay the renewal fee or the renewal will may be cancelled. 1 Click Renewal works only if all of your business name info, contact info, payment info are up to date.

3. The 1 Click Renewal will be sent to the email address or phone number provided by you in your Business Name application form.

4. If your contact details change, you are responsible to notify us of such changes.

5. Responsibility – 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 Renewal Notification from us.

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

ABN, GST, PAYG Registration service

1. We, or our Accountant Partner will act as your registered tax agent on your behalf, in your application for an ABN, GST, PAYG if relevant. If our Accountant Partner gives you any services, we are not responsible in any way of those services.

2. As part of our registered tax agent services, we will communicate with the ATO on your behalf, using both electronic and telephone communications to process your application.

3. If we cannot arrange for your ABN, GST, PAYG registration application to be processed by the ATO immediately through our electronic system, we will review your application and manually apply for an ABN, GST, PAYG on your behalf. In certain circumstances, for a small number of clients, and based on the specifics of an individual’s application, the ATO stipulates that we must wait up to 28 days from the date that the application is lodged before contacting it to resolve the issue.

4. Under review by the ATO – If your application is placed under review by the ATO, it may notify you directly by post to the address listed in your application. This usually occurs within 14 days of the date that we file an application on your behalf.

5. Reasons of rejection – The ATO may reject your application for any number of reasons including, but are not limited to:

    1. the information supplied does not match exactly with information the ATO has on record;
    2. you already have, had or previously applied for, an ABN in the past; or
    3. the ATO is experiencing system processing issues, such as system downtime or maintenance.

6. If your application is rejected by the ATO, we will contact you to discuss other options to establish your business. If you choose not to proceed, we will cancel your ABN, GST, PAYG application.

7. If you apply for a Business Name and ABN together and if your ABN is refused, then we may cancel both your ABN and Business Name applications.

8. As soon as we have secured your Business Name and, if relevant, your ABN, we will advise you.

Fees and payment

Fees

1. 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, GST, PAYG application form.

2. Your registration application or renewal form will not be successfully submitted until you pay all relevant fees and charges.

3. Payment must be made strictly by credit card (unless advised otherwise) immediately upon confirmation of your order. You will not be able to receive the chosen Service until payment is received.

4. Unless otherwise stated, all fees and charges are in Australian dollars.

5. The fees are inclusive of goods and services tax (GST) where applicable.

Refunds

1. 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 before we have initiated the registration process. In such circumstances, we may provide you with a full or partial refund.

2. However, as our services are communicating 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.

3. The decision whether to provide you with a refund under such circumstances is entirely at our own discretion.

4. Refund from ASIC – 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.

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

Warranties and disclaimers

1. 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.

2. 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.

Liability

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, 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.

Effective: 1 June 2017