Terms Of Service - East Coast Incorporations PTY LTD
To use our services in any way, you will do so on the basis of the following terms and conditions. Please ensure you read them carefully.
Conditions to use East Coast Incorporations services
Introduction
1. This service is provided to you by East Coast Incorporations. If you use our service in any way, you do so on the basis of the following terms and conditions as applicable. Please ensure you have read them carefully. By accessing and utilising our services you agree to be bound by these terms and conditions. These terms and conditions constitute a binding agreement between you and us and govern the relationship between you and us.
Services and fees
2. East Coast Incorporations agrees to provide you with ourservices on the condition that you accept these terms and conditions and pay our fees in the way required.
3. Company incorporation and business name registration services are submitted to Australian Securities and Investment Commission (ASIC). Once submitted, modification or alterations to an application are not possible unless rejected by ASIC. Retracting or withdrawing a submitted application is not possible unless rejected by ASIC. ASIC can request a manual check of any application and this will result in a delay in your application being process. ASICserver issues and other technical issues outside of East Coast Incorporations control can also lead to delays. East Coast Incorporations cannot be held accountable for any delay in the registration outside its control.
4. ABN and other tax registrations are made through the Australian Tax Office (ATO). There may be a delay in the registration of your ABN due to the ATO holding your application for further checks, ATO server issues, technical issues or other issues outside of our control. The ATO may take up to 56 days to make a decision on an ABN application and the ABN regulations details. East Coast Incorporations has no control over the speed that the ATO may process application however if an application is held, East Coast Incorporations and its third-party provider may communicate with the ATO on your behalf. East Coast Incorporations will advise you of your ABN by email, the ATO will advise you of your TFN, GST and PAYG status in the post. East Coast Incorporations is not responsible for verifying that the ATO has processed these applications.
5. Bank accounts are established with Money Market. Bank account applications ca ntake up to 28 days to be processed once the application is fully verified. East Coast Incorporations cannot be held accountable for any delay in the registration outside of its control.
6. Rollovers are requested using Super Stream via wrkrSMSF. East Coast Incorporations cannot control the time frame in which rollovers are completed and cannot be held accountable for an delay outside of its control.
7. East Coast Incorporations does not provide any advice or recommend the appropriateness of the requested super rollover from the current retail/industry super fund into an SMSF.
8. East Coast Incorporations utilises the wholesale services of 2020 Financial Services, Corporate Authorised Representative No 001289351 of Financial Force Pty Ltd AFSL 238337, to facilitate the provision of our services to you. In agreeing to use our services, you agree to provide all necessary personal information to us, and for East Coast Incorporations to forward that information on to 2020 Financial Services to help facilitate those services. All information passed on to 2020 Financial Services from us will be handled in accordance with 2020 Financial Service’s Privacy Policy, which can be downloaded from their website https://www.financialforce.com.au/privacy.
9. Included in 2020 Financial Service’s wholesale services to us, 2020 Financial Service’s establishes bank accounts with the preferred banking institution for your self managed superannuation fund on our behalf and also maintains the bank accounts under its dealer group registration with Money Market. As part of this service, you authorise 2020 Financial Services to maintain full enquiry authority with Money Market for your self managed superannuation fund’s Cash Management Account.
10. 2020 Financial Services, in the provision of its services to us, may also utilise the services of third party tax agents or other specialists third parties to facilitate the delivery of those service to us. You acknowledge and authorise 2020 Financial Services to share your personal information with those service providers.
East Coast Incorporations Acknowledgements
- East Coast Incorporations agrees that:
A) It has taken all reasonable steps to engage an appropriately qualified professional consultant both to prepare the master documents, to ensure that they are accurate and appropriate for the type of document you order, and to provide all information, commentary, guidance and other documents (including sample letters), subject to these terms andconditions;
B) All personal and billing information that is identifiable to you will be kept confidential, and will be protected by security identification particulars. We will not disclose that information to a third party unless that third party is 2020 Financial Services, or another third party or regulatory body, that is required to be notified of your personal details in order for us to facilitate the provision of services you have engaged us to provide. The provision of personal information to third parties outside of these parties identified here will only be done upon receipt of written authorisation personally from you; and
C) The products you order through our service will be delivered electronically to you. If you order our printing, binding, and postal service, then the package should be delivered within 14 business days, however, we do not guarantee courier delivery times.
We may from time to time receive commissions or benefits from third party referrals that we refer you to, to complete other services for you.
Consumer Law
13. These terms and conditions do not, and do not purport to, restrict or modify or have the effect of excluding, restricting or modifying any laws, rights or remedies imposed and required to bebinding by statute or law, including the Competition and Consumer Act 2010(Cth)
Privacy
14. Your Privacy
A) You acknowledge that Personal Information collected, used and disclosed to us may be used for a variety of purposes including:
i. To supply the products;
ii. To monitor use of our products for the purposes of further development and to ensure they meet your needs and interests;
iii. To administer your account and to enforce this contract;
iv. For marketing purposes
v. Shared with relevant service providers for progress updates
B) You agree to advise us in writing if you do not want us to use Personal Information disclosed by you to us for marketing purposes.
C) You agree that if you provide us with Personal Information about another individual, you will ensure that that individual is aware:
i. That you have supplied their Personal Information to us and the reason; and
ii. Of the details in this clause 4 which apply to information we collect about them.
D) You are responsible for ensuring that if a third party is required to disclose Personal Information to us for the purposes of these Terms on your behalf or at your request, suchdisclosure by the third party complies with the Privacy Act.
E) If you fail to provide any Personal Information requested by us, we may be unable tosupply the products that you order or request.
F) If we are required to retain any Personal Information by law:
i. You warrant that you have taken all steps to ensure that we are permitted to do so; and
ii. On reasonable notice, and the payment of a reasonable charge, we will make such information available for inspection by you and your auditors.
We do not give legal, tax, accounting, commercial or other professional advice
15. You agree that:
A) We cannot, and do not, give you legal, tax, accounting, financial, commercial or other professional advice;
B) East Coast Incorporations is not a professional services firm;
C) Our service provides information to help you answer the questions and to order a product and that the information is information only, not advice;
D) We cannot and do not warrant that a product you decide to order is appropriate or suits your needs;
E) We cannot and do not warrant that your use of ourservice is appropriate orsuits your needs;
F) The legal, taxation, accounting and commercial effects of a product vary and a product’s suitability will therefore vary according to particular circumstances;
G) Only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
H) You must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately qualified professional adviser (not East Coast Incorporations) for advice concerning the suitability of a product you order using ourservice;
I) East Coast Incorporations disclaims responsibility for the information, commentary, advice and other documents (including sample letters); and
East Coast Incorporations’ only responsibility is to engage a person with the relevant expertise, to draft the relevant document which it does on the basis that you will seek appropriate advice in making use of that document in your particular circumstances.
The document you order depends on your answers
16. You agree that:
A) Certain information and particular clauses from the master documents are included in the documents you order as a result of the answers you provide to questions youanswer when using our service;
B) Certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
C) You are fully and solely responsible for the information included in a product as a result of the answers you give to the questions; and
D) We are not responsible for any mistake that you make in understanding the questions or how to answer them.
We are not responsible for your mistakes — you indemnify us
17. Except for any cost, loss, liability or damage directly caused or contributed to by East Coast Incorporations, you agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
A) Because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
B) Because you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
C) Because of the answers you provide to questions asked of you when using our service;
D) Because you do not answer all questions completely and accurately;
E) Because you modify the products after they are provided to you; or
F) Because you breach these terms and conditions in some other way.
18. You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service except for any cost, loss, liability or damage directly caused or contributed to by East Coast Incorporations.
Our website and other websites
19. You agree that:
A) Each time you order a product from us, you agree to refer to the then current version of these terms and conditions — to order, you must sign the required consent form or section to accept that version;
B) We do not warrant the accuracy or appropriateness of the contents of our website;
C) The information and commentary on our website is general only;
D) Our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
E) We provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
F) You access these other websites at your own risk; and
G) It is for you to decide whether these other websites should be relied on.
Our liability is limited
20. You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
A) Replacing the document, you used our service to order;
B) Supply of some equivalent document;
C) Amendment of the document; or
D) The payment of the cost of such replacement, supply or amendment.
21. You agree that:
A) To the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as provided under clause 19, including in respect of any liability that arises as a consequence of our negligence;
B) Subject to law including the Australian Consumer Law, our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
C) Subject to law including the Australian Consumer Law, we are not responsible in anyway for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
22. Subject to law including the Australian Consumer Law, we do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
Fees and Refunds
23. The following methods are applicable for the payment of our services:-
A) Full Payment Method: unless otherwise agreed by us, all our services to you will require full payment upfront. We will provide you with an initial tax invoice with the fixed fee applicable to the services we are to provide to you. This fee must be paid within seven (7) days of the tax invoice being provided to you. If you fail to pay the fee, we will not undertake any services as previously agreed until such time as we are in receipt of payment of the provided tax invoice.
B) Initial Deposit Method: this method is only applicable at our discretion. We will provide you with an initial tax invoice for the cost of the service to be provided for you. We will require you to pay to us, as a deposit, a portion of the fee applicable to the service we are to provide to you prior to the commencement of any works. Such deposit amount will be specified on the tax invoice. If this payment method is provided to you, you understand and acknowledge that the tax invoice provided to you is for the total fee applicable to the service and you are required to pay the deposit prior to the commencement of works. You acknowledge and agree that on completion of the service, you must pay us the balance of the fee for the service (being the total fee less any deposit paid).
C) Pay Later Method: this method is only applicable at our discretion. Should we allow you to engage this method of payment, We will provide you with an initial tax invoice for the fee applicable to the services on the date you engage us for the services. The invoice will state that payment will be required by you on the earlier of; the completion of your service; or 90 days from the date you engage us for the services. You acknowledge and agree that should the completion of the services be delayed beyond 90 days from the date you engage us due to any circumstance other than fault of us, payment of the invoice will still be immediately due on the earlier of the completion of the service, or 90 days from the date you engage us.
D) Direct Debit Method: this method is only applicable at our discretion. We will provide you with an initial tax invoice for the cost of the service to be provided for you. You agree that upon completion of super rollover, we will arrange for payment of our invoice to be debited from your Bank Cash Management Account. All fees due under this method will either be received by or deducted by 2020 Financial Services, Corporate Authorised Representative No 001289351 of Financial Force Pty Ltd AFSL 238337, on behalf of East Coast Incorporations.
24. We may refund our fees to you only in the following circumstances:-
A) We do not complete our service obligations to you due to factors within our control; or
B) If you experience exceptional circumstances and so we otherwise agree to a refund, at our discretion.
C) An application for a refund by you is required to be accompanied by supporting documentation clearly setting out the exceptional circumstances you are experiencing or how you consider we have not been able to meet our service obligations to you. Applications are to be submitted to us via email.
D) You acknowledge and agree all refunds that are not subject to Australian Consumer Legislation are subject to the discretion of East Coast Incorporations. There is no guarantee that a refund will be provided to you.
E) We accept credit card payments (2.65% surcharge applies) and direct bank transfer. For direct bank transfer payments, you must provide us with a payment remittance.
F) If the Trustees/Members decide to not proceed with the SMSF setup, rollover & purchase a property at a subsequent date in the future for the benefits of the SMSF, East Coast Incorporations at our sole discretion, will apportion fees paid to date against the total costs payable for the services agreed to as per these terms and conditions.
G) In the event the SMSF/Members of the SMSF do not pass the applicable ATO Audit, East Coast Incorporations at our sole discretion, will apportion fees paid to date against the total costs payable for the services agreed to.
H) If you do not pay on time, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:
i. use amounts you pay us to pay-off any amount you owe at our choice — for example, we may first pay-off any amount you owe us in respect of government fees we have paid;
ii. set our system so that you no longer have access to document packages you have ordered from us in the past (regardless of whether you have paid for them);
iii. apply late fees;
iv. charge default interest on any amount you owe us at a rate to be determined by the Reserve Bank of Australia;
v. issue proceedings in a court of competent jurisdiction for the recovery of the debt owed by you to us
I) Should we have to undertake the issuing of proceedings against you, you will be liable for all costs and disbursements which we may incur arising from the debt owed by you to us.
25. Once an application is submitted to ASIC there is no refund or exchange available. Once an application is submitted to ASIC it is unlikely that a refund, return or exchange can take place. You agree that to apply for a refund, a return or an exchange, you must contact East Coast Incorporations before the application is submitted to ASIC and or write to us setting out your contact details, reason for return/refund/exchange, copies of all of your documents and any other information or materials we ask for that we believe is relevant to our decision.
26. If East Coast Incorporations agrees to provide a refund, the refund will be processed within 5-7 business days to the nominated account.
27. You acknowledge and agree that should you engage us to perform the services, and fail to:
a. provide us the information required to complete the services;
b. action, within a reasonable time, any necessary requests made by us for you to complete to progress the services; or
c. unreasonably stall the progress of the services for whatever reason and in any manner,
d. satisfactorily pass an ATO establishment audit you are still liable for payment of our fee for the services rendered.
28. Failure to pay our fee for the services rendered will result in us being able to commence, without limitation to our rights generally and at common law or otherwise, any of the actions mentioned in clause 19h. above.
Severability
29. Any provision of these terms and conditions that 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 these terms and conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
Jurisdiction
30. These terms and conditions are governed by and are to be read and interpreted according to the laws of Queensland. East Coast Incorporations and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
Definitions and interpretation
31. In these terms and conditions:
A) ‘East Coast Incorporations’ means East Coast Incorporations Pty Ltd ABN 89 162 452 566, its agents, officers, successors, authors, licensors and advisers and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;
B) 2020 Financial Services means 2020 Financial Services, Corporate Authorised Representative No 001289351 of Financial Force Pty Ltd AFSL 238337, which is a wholesale provider of support services to East Coast Incorporations Pty Ltd for the purposes of establishing self managed superannuation funds.
C) ‘our service’ includes the East Coast Incorporations website, document ordering via email correspondence or via face to face meetings with you.
D) ‘default interest’ means interest on amounts owing calculated at the rate set from time to time under section 22 of the Taxation Administration Act 1996 (QLD);
E) ‘document’ means a document you order which is generated by our service;
F) ‘lawyer’ means an Australian legal practitioner as defined under section 6(1) of the Legal Profession Uniform Law (QLD) or under any corresponding law in any other jurisdiction;
G) ‘Personal Information’ has the meaning given to that term in the Privacy Act. h. ‘Privacy Act’ means the Privacy Act 1988 (Cth).
H) ‘Privacy Act’ means the Privacy Act 1988 (Cth).
I) ‘product’ means a document or other service which you order using our service;
J) ‘master documents’ means the master documents on which the documents you order are based, being the full library of possible text that could be included in your document depending on the information you provide when using our service;
K) ‘professional adviser’ means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal and taxation implications, a registered tax agent concerning a document’s or a product’s taxation, accounting and/or commercial implications or a licensed financial planner concerning a document’s or a product’s financial planning implications or such other professional adviser as is appropriate or suits your needs concerning a document’s or a product’s legal, taxation, accounting and commercial implications;
L) ‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
M) the singular includes the plural and vice versa; and
N) a reference to currency is a reference to Australian dollars.
32. You agree that each of these definitions has the same meaning wherever they appear on our website.
Terms Of service - east Coast Incorporations pty ltd
To use our services in any way, you will do so on the basis of the following terms and conditions. Please ensure you read them carefully.
Conditions to use East Coast Incorporations services
Introduction
1. This service is provided to you by East Coast Incorporations. If you use our service in any way, you do so on the basis of the following terms and conditions as applicable. Please ensure you have read them carefully. By accessing and utilising our services you agree to be bound by these terms and conditions. These terms and conditions constitute a binding agreement between you and us and govern the relationship between you and us.
Services and fees
2. East Coast Incorporations agrees to provide you with ourservices on the condition that you accept these terms and conditions and pay our fees in the way required.
3. Company incorporation and business name registration services are submitted to Australian Securities and Investment Commission (ASIC). Once submitted, modification or alterations to an application are not possible unless rejected by ASIC. Retracting or withdrawing a submitted application is not possible unless rejected by ASIC. ASIC can request a manual check of any application and this will result in a delay in your application being process. ASICserver issues and other technical issues outside of East Coast Incorporations control can also lead to delays. East Coast Incorporations cannot be held accountable for any delay in the registration outside its control.
4. ABN and other tax registrations are made through the Australian Tax Office (ATO). There may be a delay in the registration of your ABN due to the ATO holding your application for further checks, ATO server issues, technical issues or other issues outside of our control. The ATO may take up to 56 days to make a decision on an ABN application and the ABN regulations details. East Coast Incorporations has no control over the speed that the ATO may process application however if an application is held, East Coast Incorporations and its third-party provider may communicate with the ATO on your behalf. East Coast Incorporations will advise you of your ABN by email, the ATO will advise you of your TFN, GST and PAYG status in the post. East Coast Incorporations is not responsible for verifying that the ATO has processed these applications.
5. Rollovers are requested using Super Stream via wrkrSMSF. East Coast Incorporations cannot control the time frame in which rollovers are completed and cannot be held accountable for an delay outside of its control.
6. East Coast Incorporations does not provide any advice or recommend the appropriateness of the requested super rollover from the current retail/industry super fund into an SMSF.
East Coast Incorporations Acknowledgements
7. East Coast Incorporations agrees that:
A) It has taken all reasonable steps to engage an appropriately qualified professional consultant both to prepare the master documents, to ensure that they are accurate and appropriate for the type of document you order, and to provide all information, commentary, guidance and other documents (including sample letters), subject to these terms andconditions;
B) All personal and billing information that is identifiable to you will be kept confidential, and will be protected by security identification particulars. We will not disclose that information to a third party unless that third party is 2020 Financial Services, or another third party or regulatory body, that is required to be notified of your personal details in order for us to facilitate the provision of services you have engaged us to provide. The provision of personal information to third parties outside of these parties identified here will only be done upon receipt of written authorisation personally from you; and
C) The products you order through our service will be delivered electronically to you. If you order our printing, binding, and postal service, then the package should be delivered within 14 business days, however, we do not guarantee courier delivery times.
8. We may from time to time receive commissions or benefits from third party referrals that we refer you to, to complete other services for you.
Consumer Law
9. These terms and conditions do not, and do not purport to, restrict or modify or have the effect of excluding, restricting or modifying any laws, rights or remedies imposed and required to bebinding by statute or law, including the Competition and Consumer Act 2010(Cth)
Privacy
10. Your Privacy
A) You acknowledge that Personal Information collected, used and disclosed to us may be used for a variety of purposes including:
i. To supply the products;
ii. To monitor use of our products for the purposes of further development and to ensure they meet your needs and interests;
iii. To administer your account and to enforce this contract;
iv. For marketing purposes
v. Shared with relevant service providers for progress updates
B) You agree to advise us in writing if you do not want us to use Personal Information disclosed by you to us for marketing purposes.
C) You agree that if you provide us with Personal Information about another individual, you will ensure that that individual is aware:
i. That you have supplied their Personal Information to us and the reason; and
ii. Of the details in this clause 4 which apply to information we collect about them.
D) You are responsible for ensuring that if a third party is required to disclose Personal Information to us for the purposes of these Terms on your behalf or at your request, suchdisclosure by the third party complies with the Privacy Act.
E) If you fail to provide any Personal Information requested by us, we may be unable tosupply the products that you order or request.
F) If we are required to retain any Personal Information by law:
i. You warrant that you have taken all steps to ensure that we are permitted to do so; and
ii. On reasonable notice, and the payment of a reasonable charge, we will make such information available for inspection by you and your auditors.
We do not give legal, tax, accounting, commercial or other professional advice
11. You agree that:
A) We cannot, and do not, give you legal, tax, accounting, financial, commercial or other professional advice;
B) East Coast Incorporations is not a professional services firm;
C) Our service provides information to help you answer the questions and to order a product and that the information is information only, not advice;
D) We cannot and do not warrant that a product you decide to order is appropriate or suits your needs;
E) We cannot and do not warrant that your use of ourservice is appropriate orsuits your needs;
F) The legal, taxation, accounting and commercial effects of a product vary and a product’s suitability will therefore vary according to particular circumstances;
G) Only you know the purpose for which you intend to apply a product you order and that we are not responsible for the choice you make regarding the product that you order;
H) You must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately qualified professional adviser (not East Coast Incorporations) for advice concerning the suitability of a product you order using ourservice;
I) East Coast Incorporations disclaims responsibility for the information, commentary, advice and other documents (including sample letters); and
East Coast Incorporations’ only responsibility is to engage a person with the relevant expertise, to draft the relevant document which it does on the basis that you will seek appropriate advice in making use of that document in your particular circumstances.
The document you order depends on your answers
12. You agree that:
A) Certain information and particular clauses from the master documents are included in the documents you order as a result of the answers you provide to questions youanswer when using our service;
B) Certain information is included in the products you order as a result of the answers you provide to questions you answer when using our service;
C) You are fully and solely responsible for the information included in a product as a result of the answers you give to the questions; and
D) We are not responsible for any mistake that you make in understanding the questions or how to answer them.
We are not responsible for your mistakes — you indemnify us
13. Except for any cost, loss, liability or damage directly caused or contributed to by East Coast Incorporations, you agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
A) Because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
B) Because you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
C) Because of the answers you provide to questions asked of you when using our service;
D) Because you do not answer all questions completely and accurately;
E) Because you modify the products after they are provided to you; or
F) Because you breach these terms and conditions in some other way.
14. You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service except for any cost, loss, liability or damage directly caused or contributed to by East Coast Incorporations.
Our website and other websites
15. You agree that:
A) Each time you order a product from us, you agree to refer to the then current version of these terms and conditions — to order, you must sign the required consent form or section to accept that version;
B) We do not warrant the accuracy or appropriateness of the contents of our website;
C) The information and commentary on our website is general only;
D) Our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
E) We provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
F) You access these other websites at your own risk; and
G) It is for you to decide whether these other websites should be relied on.
Our liability is limited
16. You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
A) Replacing the document, you used our service to order;
B) Supply of some equivalent document;
C) Amendment of the document; or
D) The payment of the cost of such replacement, supply or amendment.
17. You agree that:
A) To the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as provided under clause 19, including in respect of any liability that arises as a consequence of our negligence;
B) Subject to law including the Australian Consumer Law, our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
C) Subject to law including the Australian Consumer Law, we are not responsible in anyway for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
18. Subject to law including the Australian Consumer Law, we do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.
Fees and Refunds
19. The following methods are applicable for the payment of our services:-
A) Full Payment Method: unless otherwise agreed by us, all our services to you will require full payment upfront. We will provide you with an initial tax invoice with the fixed fee applicable to the services we are to provide to you. This fee must be paid within seven (7) days of the tax invoice being provided to you. If you fail to pay the fee, we will not undertake any services as previously agreed until such time as we are in receipt of payment of the provided tax invoice.
B) Initial Deposit Method: this method is only applicable at our discretion. We will provide you with an initial tax invoice for the cost of the service to be provided for you. We will require you to pay to us, as a deposit, a portion of the fee applicable to the service we are to provide to you prior to the commencement of any works. Such deposit amount will be specified on the tax invoice. If this payment method is provided to you, you understand and acknowledge that the tax invoice provided to you is for the total fee applicable to the service and you are required to pay the deposit prior to the commencement of works. You acknowledge and agree that on completion of the service, you must pay us the balance of the fee for the service (being the total fee less any deposit paid).
C) Pay Later Method: this method is only applicable at our discretion. Should we allow you to engage this method of payment, We will provide you with an initial tax invoice for the fee applicable to the services on the date you engage us for the services. The invoice will state that payment will be required by you on the earlier of; the completion of your service; or 90 days from the date you engage us for the services. You acknowledge and agree that should the completion of the services be delayed beyond 90 days from the date you engage us due to any circumstance other than fault of us, payment of the invoice will still be immediately due on the earlier of the completion of the service, or 90 days from the date you engage us.
D) Direct Debit Method: this method is only applicable at our discretion. We will provide you with an initial tax invoice for the cost of the service to be provided for you. You agree that upon completion of super rollover, we will arrange for payment of our invoice to be debited from your Bank Cash Management Account. All fees due under this method will either be received by or deducted by 2020 Financial Services, Corporate Authorised Representative No 001289351 of Financial Force Pty Ltd AFSL 238337, on behalf of East Coast Incorporations.
20. We may refund our fees to you only in the following circumstances:-
A) We do not complete our service obligations to you due to factors within our control; or
B) If you experience exceptional circumstances and so we otherwise agree to a refund, at our discretion.
C) An application for a refund by you is required to be accompanied by supporting documentation clearly setting out the exceptional circumstances you are experiencing or how you consider we have not been able to meet our service obligations to you. Applications are to be submitted to us via email.
D) You acknowledge and agree all refunds that are not subject to Australian Consumer Legislation are subject to the discretion of East Coast Incorporations. There is no guarantee that a refund will be provided to you.
E) We accept credit card payments (2.65% surcharge applies) and direct bank transfer. For direct bank transfer payments, you must provide us with a payment remittance.
F) If the Trustees/Members decide to not proceed with the SMSF setup, rollover & purchase a property at a subsequent date in the future for the benefits of the SMSF, East Coast Incorporations at our sole discretion, will apportion fees paid to date against the total costs payable for the services agreed to as per these terms and conditions.
G) In the event the SMSF/Members of the SMSF do not pass the applicable ATO Audit, East Coast Incorporations at our sole discretion, will apportion fees paid to date against the total costs payable for the services agreed to.
H) If you do not pay on time, then we may — at our absolute discretion, and without giving you notice — do any one or more of the following:
i. use amounts you pay us to pay-off any amount you owe at our choice — for example, we may first pay-off any amount you owe us in respect of government fees we have paid;
ii. set our system so that you no longer have access to document packages you have ordered from us in the past (regardless of whether you have paid for them);
iii. apply late fees;
iv. charge default interest on any amount you owe us at a rate to be determined by the Reserve Bank of Australia;
v. issue proceedings in a court of competent jurisdiction for the recovery of the debt owed by you to us
I) Should we have to undertake the issuing of proceedings against you, you will be liable for all costs and disbursements which we may incur arising from the debt owed by you to us.
21. Once an application is submitted to ASIC there is no refund or exchange available. Once an application is submitted to ASIC it is unlikely that a refund, return or exchange can take place. You agree that to apply for a refund, a return or an exchange, you must contact East Coast Incorporations before the application is submitted to ASIC and or write to us setting out your contact details, reason for return/refund/exchange, copies of all of your documents and any other information or materials we ask for that we believe is relevant to our decision.
22. If East Coast Incorporations agrees to provide a refund, the refund will be processed within 5-7 business days to the nominated account.
23. You acknowledge and agree that should you engage us to perform the services, and fail to:
a. provide us the information required to complete the services;
b. action, within a reasonable time, any necessary requests made by us for you to complete to progress the services; or
c. unreasonably stall the progress of the services for whatever reason and in any manner,
d. satisfactorily pass an ATO establishment audit you are still liable for payment of our fee for the services rendered.
24. Failure to pay our fee for the services rendered will result in us being able to commence, without limitation to our rights generally and at common law or otherwise, any of the actions mentioned in clause 19h. above.
Severability
25. Any provision of these terms and conditions that 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 these terms and conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
Jurisdiction
26. These terms and conditions are governed by and are to be read and interpreted according to the laws of Queensland. East Coast Incorporations and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.
Definitions and interpretation
27. In these terms and conditions:
A) ‘East Coast Incorporations’ means East Coast Incorporations Pty Ltd ABN 89 162 452 566, its agents, officers, successors, authors, licensors and advisers and ‘we’, ‘our’ and ‘us’ have a corresponding meaning;
B) 2020 Financial Services means 2020 Financial Services, Corporate Authorised Representative No 001289351 of Financial Force Pty Ltd AFSL 238337, which is a wholesale provider of support services to East Coast Incorporations Pty Ltd for the purposes of establishing self managed superannuation funds.
C) ‘our service’ includes the East Coast Incorporations website, document ordering via email correspondence or via face to face meetings with you.
D) ‘default interest’ means interest on amounts owing calculated at the rate set from time to time under section 22 of the Taxation Administration Act 1996 (QLD);
E) ‘document’ means a document you order which is generated by our service;
F) ‘lawyer’ means an Australian legal practitioner as defined under section 6(1) of the Legal Profession Uniform Law (QLD) or under any corresponding law in any other jurisdiction;
G) ‘Personal Information’ has the meaning given to that term in the Privacy Act. h. ‘Privacy Act’ means the Privacy Act 1988 (Cth).
H) ‘Privacy Act’ means the Privacy Act 1988 (Cth).
I) ‘product’ means a document or other service which you order using our service;
J) ‘master documents’ means the master documents on which the documents you order are based, being the full library of possible text that could be included in your document depending on the information you provide when using our service;
K) ‘professional adviser’ means a lawyer concerning whether a document or product is appropriate or suits your needs or its legal and taxation implications, a registered tax agent concerning a document’s or a product’s taxation, accounting and/or commercial implications or a licensed financial planner concerning a document’s or a product’s financial planning implications or such other professional adviser as is appropriate or suits your needs concerning a document’s or a product’s legal, taxation, accounting and commercial implications;
L) ‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
M) the singular includes the plural and vice versa; and
N) a reference to currency is a reference to Australian dollars.
28. You agree that each of these definitions has the same meaning wherever they appear on our website.