Terms and Conditions

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1. Introduction

  1. This website at URL address: www.ecompanies.com.au (Website) is owned and operated by CNCNA PTY. LTD. (ABN 63 129 795 339) (eCompanies).
  2. eCompanies also owns the following domain names and web pages linked to the Website:
  3. These Terms of use are important and govern your use of the Website. Please read them carefully. By using the Website you agree to be bound by these Terms of use. eCompanies reserves the right to change these Terms of use at any time without notice and by using the Website you agree to be bound by such changes. If you do not agree with the Terms of use please do not use the Website.
  4. 'eCompanies' or 'the website' means CNCNA Pty Ltd, 'Us' or 'We' means eCompanies.
    'ASIC' means the Australian Securities and Investments Commission.

2. Product specific terms

2.1. General terms

  1. eCompanies is not a law or accountancy firm, nor does it provide legal advice. We do not and can not give you legal advice.
  2. Responsibility for information provided by you during the registration process is solely yours.
  3. If your application is deemed potentially fraudulent by our automated registration process, we may require the registering party to supply evidence of their identity before processing your order. Evidence will include valid photo identification and the credit card used to order the company. Accepted Photo Identification methods are Passport or current Drivers License.
  4. It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should instruct a solicitor for legal advice and services.
  5. You acknowledge that the Information and Documents may contain mistakes, inaccuracies and/or errors. eCompanies expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any Document accessed or created through the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain legal advice from a qualified solicitor if you are unsure whether a Document is appropriate to your circumstances.

2.2. Company registration terms

  1. Once submitted, modifications or alterations to an order are not possible unless rejected by ASIC.
  2. Retracting or withdrawing a submitted order is not possible unless rejected by ASIC.
  3. There may be a delay in the registration of your company due to manual processing by ASIC, ASIC server issues, eCompanies server issues or other issues outside of our control.
  4. All company formation documents will be provided to you based on the email address submitted with your application. Alternatively you may download your documents from the website using your account details.
  5. You may not use any of the provided company documentation except for the purpose for which they were ordered.
  6. You may not copy or use any part of the documents except in relation to the transaction for which they were ordered.

2.3. Domain registration terms

  1. eCompanies is a reseller of TPP Wholesale Pty Ltd who will appear as the registrar of record for your domains.
  2. Once submitted, modifications or alterations to an order are not possible unless rejected by the registrar.
  3. Retracting or withdrawing a submitted order is not possible unless rejected by the registrar.
  4. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. Our fees are non refundable in the event you fail to meet your obligations or the relevant naming authority strips your registration.

2.4. ABN registration terms

  1. There may be a delay in the registration of your ABN due to the ATO holding your application for further checks, ATO server issues, eCompanies server issues or other issues outside of our control.
  2. The ATO may reject your application or hold it for 28 days before accepting it.
  3. In the event of your application being held, eCompanies will communicate with the ATO on your behalf until it is accepted or rejected.
  4. eCompanies will resign as your tax agent upon successful registration of the ABN.
  5. In the event that your application cannot be lodged electronically eCompanies will refund our service fee. You will be required to lodge the application via a paper form yourself.
  6. eCompanies will advise you of your ABN by email, the ATO will advise you of your TFN in the post by sending it to your registered office address.
  7. The ATO will advise you of your GST and PAYG status by post to your registered office. eCompanies is not responsible for verifying that the ATO has processed these applications, only that they have been made on your behalf.

2.5. Email Hosting & Weebly Terms

  1. While we make every effort to keep your data safe, You are solely responsible for maintaining independent back-ups of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any data related to our services.
  2. We do not warrant that the Services will be uninterrupted, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
  3. You agree that we may be required to perform maintenance which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.
  4. In the event that you cancel your service we will pro rata refund the value paid for the days left of the product subscription period. If you have other subscription services with us we will apply this value to those services to extend the subscription period.

3. Privacy policy

  1. The eCompanies Website Privacy policy is incorporated into and forms part of these Terms of use.

4. Intellectual property rights

  1. eCompanies is the owner of all right, title and interest (including present and future copyright) in the Website.
  2. All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by eCompanies, its related bodies corporate or others who have licensed their material to eCompanies (unless expressly indicated otherwise).

5. Your use of the Website

  1. You are granted a non-exclusive, non-assignable and non-transferable licence to use this Website only under these Terms of use.
  2. You may use the Website and view and access the Material only for your personal and non-commercial use, unless otherwise agreed to in writing by eCompanies. Nothing in these Terms of use or the Website will be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of eCompanies, its related bodies corporate or any third party.
  3. You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except:
    1. as expressly authorised either in the Website or these Terms of use; or
    2. as authorised in writing by eCompanies.
  4. You may not use any trade mark or service mark appearing on this Website without the prior written consent of eCompanies or the owner of the trade mark.
  5. You must not use any so-called spider or similar automated software or device to use or access the Website or the Materials in any way.

6. Your responsibilities

  1. You may only use the Website for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of use.
  2. It is your responsibility to ensure that your use of the Website complies with the Terms of use and to seek prior written permission from eCompanies for any uses not expressly permitted.
  3. eCompanies prohibits the use of the Website, for any of the following:
    1. transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy;
    2. impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
    3. posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
    4. posting or transmitting any Content that contains a virus or corrupted data;
    5. using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website;
    6. attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.

7. Submissions to eCompanies

  1. If you are invited to post Content on the Website by eCompanies, eCompanies reserves the right (but assumes no obligation) to remove or amend any such Content. eCompanies reserves the right not to accept unsolicited Content or other material.
  2. By submitting any Content to any public or non-public areas of this Website, you automatically grant eCompanies the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.
  3. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to eCompanies the rights and licence stated above. Subject to the foregoing, the owner of such Content placed on our Website retains any and all rights that may exist in such Content.

8. Career information

  1. eCompanies may from time to time request applications from people interested in seeking employment with eCompanies. eCompanies may not confirm receipt or otherwise respond to an employment application but will endeavour to retain such application for a period 6 months from the date of receipt. Notwithstanding the previous section titled Submissions to eCompanies, eCompanies will protect your employment application in accordance with the any policies of eCompanies as amended from time to time.

9. Company incorporation information

  1. All Company incorporation information displayed on this Website, if any, is presented in summary form only and is intended to provide general consumer understanding of the intended operation and benefits of the eCompanies' products displayed from time to time on this Website. Detailed information about the operation of eCompanies' products may be obtained by contacting us. Information on the operation and maintenance of eCompanies' products will also be supplied at the time of purchase and installation of the eCompanies' products. The information displayed on this Website should not be relied on as your sole source of information for the operation and maintenance of the eCompanies' products.

10. Links and connections to other parties and other sites

  1. The Website may contain links or other connections to websites operated by parties other than eCompanies. These Links are provided for convenience only. If you use a Link to access a third party website, you do so entirely at your own risk. eCompanies' inclusion of Links or other connections to third party websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by eCompanies and eCompanies is not responsible for the products and/or services being advertised.

11. Disclaimers, warranty exclusions and limitation of liability

  1. You acknowledge and agree that use of this Website is at your sole risk. eCompanies makes no representation or warranty:
    1. as to the availability of any product, good, service, process or technology described on the Website;
    2. that the functions contained in the Website or your access to the Website will be error-free;
    3. that any defects on the Website or the Materials will be corrected;
    4. that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful; or
    5. that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.
  2. To the fullest extent permitted by law, eCompanies, its related bodies corporate and their officers, employees, agents and contractors (eCompanies' Group) disclaims all warranties of any kind (whether express or implied) in relation to the Website and the Material and will not be liable for any direct or indirect damage (including special and/or consequential damage, such as loss of business, loss of profits or loss of data) which results from any use or access of, or any inability to use or access the Website or the Material even if eCompanies or any other member of the eCompanies' Group was made aware of the possibility of such damages.
  3. Without limitation to the foregoing, the eCompanies’ Group acknowledges that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Trade Practices Act 1974 (Cth), the eCompanies' Group limits its liability and if any liability remains it will be limited to any one or more of the following in its sole discretion:
    1. in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
    2. in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
  4. Without limitation to the foregoing, you agree that the liability of eCompanies and the eCompanies’ Group, if any, arising out of any kind of legal claim or action in any way connected to the Website or the Material will not exceed the sum of AUD$1.00.

12. Indemnity

  1. You are liable for and agree to indemnify, defend and hold eCompanies harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
    (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
    (ii) any breach of these Terms and Conditions;
    (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.
  2. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
  3. The obligations under this clause will survive termination of these Terms and Conditions.

13. Termination

  1. eCompanies may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of use.

14. Agreement

  1. These Terms of use represent the entire binding agreement between you and eCompanies, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding eCompanies, the Website, or the information and contents on the Website.

15. Waivers of any obligation or right

  1. No waiver of any obligation or right by eCompanies will be effective unless in writing and executed by eCompanies.

16. Applicable law

  1. The Website is controlled by eCompanies from its offices in eCompanies, Australia. eCompanies makes no representation that the Material or the Website is appropriate or available for use in other locations. Those who chose to access the Website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws.
  2. These terms will be governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
  3. If any provision in these Terms of use is found to be invalid or unenforceable by a court of New South Wales, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.

17. Payments

  1. Use of our services requires upfront payment using a VISA or Mastercard credit card. However, at our discretion, an invoice with 7 day payment terms may be issued. If you do not pay this invoice by the due date then we may at our own discretion without giving notice:
    1. Refer to the invoice to a collection agency. In this case a fee will be added to bring the invoice to the minimum amount required by the agency and to also cover the commision charged to recover the invoice amount.
    2. Add a late payment fee of $10 for each week the invoice is overdue.