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Introduction

The website with URL address: https://www.ardcs.com.au is owned and controlled by Director Corporate Services Pty Ltd (DCS), ACN 630 430 429. For the purposes of this page, ‘DCS’ or ‘the website’ or ‘Us’ or ‘We’ means Director Corporate Services Pty Ltd. ‘ASIC’ means the Australian Securities and Investments Commission.

These Terms & Conditions are important and govern your use of our website and we urge you to review them in full. When you use our website, it means that you agree to abide by the Terms outlined on this page. DCS may without notice, amend the written Terms as published on this page and by using this site, you agree to abide by the amended Terms. If for any reason you do not agree with these Terms of use, please contact us to explain why, and do not use this website until you agree to these Terms.

Terms for Australia Company Registration

DCS does not operate as an accounting practice, law firm or financial planner in any way. We do not give advice in these areas of business and urge you to seek the services of a licenced accountant, lawyer or financial planner for accurate advice in these areas. You will hold the responsibility to provide accurate information when completing your online (or other) registration.

After submitting your application, any amendments, updates or changes to your order may not be possible unless your order is rejected by ASIC.

Cancelling your order after submission is not possible unless the order is not accepted by ASIC. Delays in the registration process may be caused by manual processing by ASIC, ASIC systems issues, DCS server or systems issues or other causes that are beyond our control.

Your newly incorporated company’s documents will be sent to you by email to the email address provided during your application. You may also download your documents and forms via the website by accessing your online account.

Proof of Identity may be requested at any time, in particular if the automated system flags your application for manual review. The required evidence will be a government issued photo identification such as Australia Divers License or foreign Drivers License, Passport from any Jurisdiction, Australian Proof of Age Card or other photo identification clearly displaying your signature, if these are unavailable. Please note, all proof of identification documentation must be certified.

You hereby acknowledge and agree that by engaging DCS for the provision of any single service, multiple services, or by purchasing any product from DCS, that you have read and understand these terms and conditions and that you have had the opportunity to seek independent legal advice as to the contents and the effect of these terms and conditions and agree to be bound by these terms and conditions for the duration of the Engagement Period or until such time that all liability of the Director is wholly expunged, whichever period is the longer.

You hereby expressly agree that if you engage the services of a resident director (Director) through DCS, that the Director is not an employee, officer, agent or servant of DCS. Accordingly, DCS is not vicariously liable for any acts of, or omissions by, the Director.

You hereby expressly agree that when you engage a Director as a Public Officer for your company, that you will engage one of our preferred accountants for the duration of the period that the Director is engaged as the Public Officer or, until all tax lodgements and liabilities of the Company, associated with that Director are settled and expunged.

You hereby expressly agree that if you fail to provide DCS with any single or all documents within our On-Boarding Document Set:

1. Engagement Letter
2. Declaration
3. Agreement

executed in the prescribed manner, certified photo identification, certified proof of address and/or you fail to complete our online Know Your Client (KYC) Form and Company Questionnaire within 14 calendar days of us having sent you written request to do so and/or you fail to answer any due diligence or compliance related question by our staff within 21 days, that we reserve the right to resign the Director, cancel our contract with you and immediately cease provision of all services.

In the event where it is found by DCS, and/or our contracted accountant, that the annual turnover of your company is in excess of what you and/or your authorisee originally stated during the On-Boarding process, and/or the annual turnover of your company is found to be above the annual turnover threshold of the Tier that your business was categorised as during the On-Boarding process, DCS reserves the right to immediately review and increase the Director engagement fee to a level that we deem to be proportionate to the amended risk profile of your enterprise or, to terminate all services with you without notice.

You hereby expressly acknowledge and agree that if DCS’ nominated accountant is not engaged by the Company on or before the appointment of the Director to the Company, then the Director will obtain an Auskey for the Company for the purpose of monitoring the tax compliance of the Company and will provide an administrator Auskey to DCS’ nominated accountant for this purpose.

You hereby expressly acknowledge and agree that if at any time DCS’ nominated accountant is disengaged while the Director remains appointed to the Company then the Director will obtain an Auskey for the Company for the purpose of monitoring the tax compliance of the Company and will provide an administrator Auskey to DCS’ nominated accountant for this purpose.

You hereby acknowledge and agree that it is your sole responsibility to advise DCS of any increase in the annual turnover of your company that exceeds the annual turnover threshold of your existing Tier categorisation.

You hereby expressly agree to pay the difference between the original quoted Director engagement fee and the new Director engagement fee calculated relative to the upgraded risk profile of your operation within 7 business days from the date of issuance of the invoice.

You hereby acknowledge and expressly agree that upon failure to pay any invoice of your duly engaged accountant or accounting firm within 30 days of issuance of said invoice and/or the disengagement of the services of your accountant or accounting firm and failure to engage a replacement accountant or accounting firm within 30 days or, failure to advise DCS of the disengagement of your accountant / accounting firm within 30 days of their disengagement, DCS reserves the right to immediately terminate our contact with you, to resign the Director and to cease the provision of all services to you and your company.

You expressly agree that under the above circumstances, you relinquish all options for claims, actions, suits and/or proceedings against DCS, the Director, our employees, officers, agents and servants for any and all loss of earnings, demands, costs, expenses, claims, actions, suits and/or proceedings against your company, yourself and/or your employees, officers, agents and servants resultant from the resignation of the Director and to the full extent possible under Australian law you personally indemnify DCS, our employees, officers, agents, servants and the Director.

You hereby acknowledge and agree that should you fail to pay the difference between the original quoted Director engagement fee and the new Director engagement fee calculated relative to the upgraded risk profile of your operation within 7 business days of the issuance of the invoice, then DCS reserves the right to immediately terminate its agreement with you, and may immediately cease to provide any services to you, and without notice, at its sole discretion. DCS also reserves the right to list your company with a debt collection agency upon failure to pay the outstanding amount and/or to take legal action to recover the disputed monies.

Documentation provided for your company is to be used only for the purposes for which the company was ordered.
Copying or reproduction of the provided documents is only permitted for use in relation to transactions for which the company was ordered.

Registered Office Subscription Terms

Our registered office service deals solely with domestic, business letters. You hereby expressly agree to provide us with total and unconditional authority to open, scan and email, then shred, all correspondence received to any of our offices for your company, unless alternate arrangements are made and agreed to in writing. You hereby expressly acknowledge and agree that DCS will not under any circumstances, receive packages of any type to any of our offices. You hereby expressly acknowledge that DCS management and staff will categorically refuse to sign for and/or receive any packages which are dispatched to any of our offices contra to these terms. You hereby expressly agree that you are solely responsible for the handling and potential loss of any and all packages that are dispatched to any of our offices contra to these terms. You hereby expressly agree that DCS its management team, employees, officers, agents or servants be indemnified to the full extent possible under Australian law, from any and all claims, actions, suits, proceedings, demands (whether statutory or not), costs, expenses and/or liabilities initiated, raised, brought against you and/or incurred by you and/or your company, your company’s management team, employees, officers, agents or servants due to loss of mail of any type and specifically loss of any packages that DCS management and staff refuse to sign for and receive.

You hereby acknowledge and agree that your subscription may be cancelled at any time at the discretion of DCS. If DCS management and/or staff discover any received items of mail containing items it considers to be restricted or prohibited and/or illegal, we reserve the right to cancel your subscription service immediately and if required by law, to notify the appropriate authorities. You hereby expressly agree that DCS, its management team, employees, officers, agents or servants be indemnified to the full extent possible under Australian law, from any and all claims, actions, suits, proceedings, demands (whether statutory or not), costs, expenses and/or liabilities initiated, raised, brought against you and/or incurred by you and/or your company, your company’s management team, employees, officers, agents or servants due to the termination of your registered office subscription and/or the surrendering of any and all items of mail to the appropriate legal authorities, if required to do so by law.

ABN (Australian Business Number) Terms of registration

All details and information provided during the registration application is your responsibility and we are not required to check for errors or information which may be incorrect. Registration of your Australian Business Number may be delayed due to the Australian Tax Office withholding the order, technical issues or other unrelated delays.

Applications may be rejected by the ATO or held for up to 28 days by the ATO before accepting it. DCS will endeavour to communicate with the ATO on your behalf if there is any delay in your application until it is concluded with acceptance or rejection.

DCS will not be considered as your tax agent. Your ABN confirmation and details will be sent to you from DCS by email. Your TFN confirmation and details will be sent to your Registered Address by regular mail from the Australian Tax Office.

Privacy policy

The Terms of Use outlined herein incorporate our Privacy policy also.

Intellectual property rights

Any and all material on the Website such as domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and other items, services, processes and technologies described on the Website are owned by DCS, its suppliers, related bodies corporate or others who have licensed their material to DCS.

Use of the Website

Use of the Website is granted to you with for the purposes of viewing and accessing the Material only for personal use. The Terms of use or the Website may NOT be construed as granting to you ownership of the Material or any proprietary right to the copyright, trademarks, patents or other intellectual property rights of DCS, its related bodies corporate or any third party.

Whilst using the Website, you are issued with a non-exclusive, non-assignable and non-transferable licence only under these Terms of use. Modifying, copying, distributing, transmitting, displaying, any part of this website is prohibited in all forms.

You are in no way authorised to use any trade mark or service mark appearing on this Website without the prior written consent of DCS or the owner of the trade mark. All forms on this site are to be completed manually and the use of any auto-complete or spider technology is prohibited, unless it is part of your standard software system designed to auto-fill repeated entries.

Your responsibilities

Use of the Website is for lawful purposes only, in accordance with these Terms of use and the User agrees to cooperate with DCS on any matter requiring clarification or investigation.

You are responsible for ensuring your use of the Website is in compliance with the Terms of use. DCS prohibits using The Website for, but not limited to: entering or posting any, information, data, text, software or images, or other content), which may be is illegal, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or objectionable or invasive of another’s rights; the impersonation of another person or body corporate, or falsely stating or otherwise misrepresenting your affiliation with that person or entity unless lawfully permitted to do so; entering or supplying any information that you are not authorised to reproduce, display or transmit or that compromises the rights of any person, or entity; entering or supplying any information that contains a virus, malicious, harmful or corrupted data; causing with intent or otherwise, any interference with the proper functionality of the Website;

Submissions to DCS

Invitations to post comments, information or content on the Website are done so with the understanding that DCS reserves the right to remove or amend any such content and further that DCS holds the right reject content at its discretion.

Submission of any content to any public or non-public areas of this Website, is to permit DCS 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 and without compensation.

Company Registration (Incorporation) information

Registration information displayed on this Website, is provided in summary form only and is done so to provide an understanding of the intended operation of the DCS’ products displayed periodically on this Website. The information displayed on the Website is for general information purposes only and should not be relied on as your only of information for the operation and maintenance of the DCS’ products.

Third-parties, other Websites and additional connections

The Website may contain links or other connections to websites operated by parties other than DCS. 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. DCS’ 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 DCS and DCS is not responsible for the products and/or services being advertised.

Liability, warranty exclusions & limitations of liability and disclaimers

Use of the Website is done so at your your own risk. DCS makes no representation or warranty:

  • Regarding any availability of products, services , goods, processes, technology or items on the Website;
  • That the Website functionality or processes will always be without technical issues or interruptions;
  • That any detail, link, reference, product, software or functionality used or provided on the Website or that of any outside or third-party accessible from the Website will be accurate, up to date, complete or useful; or
  • That the host or server which stores and transmits the Website, or any outside or third-party link and its associated server or host is guaranteed to be free from any malware virus or other harmful component.

DCS, and its related bodies corporate and their suppliers, officers, employees, agents and contractors (DCS’ Group) to the fullest extent permitted by law disclaims all warranties of any kind (whether express or implied) in connection to the Website and will not be held liable for any 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 content.
Without limitation to the foregoing, the DCS’ Group understands and recognises that laws in certain jurisdictions may imply warranties and conditions or impose obligations on the supply of goods and services through 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 jurisdiction concerned and in the case of Australia, to the extent allowed by the Trade Practices Act 1974 (Cth), the DCS’ Group herby limits its liability and if any liability remains it will be limited to any one or more of:

  • with regard to goods, the replacement or repair of the goods, or the supply of goods to equal or greater value, or the payment of the cost of repairing or replacing the goods or provision of acceptable substitute goods; and
  • with regard to a provided service, the re-supply of the services or the payment of the cost of having the services re-supplied.

Without limitation to the foregoing, you agree that the liability of DCS and the DCS’ Group, if any, arising out of any genuine legal claim or action in any way connected to the Website or the Material will not exceed the sum of AUD1.00 (One Australian Dollar).

Indemnification

Your failure to comply in full to these Terms of use outlined and displayed on this page will fully indemnify DCS’ from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis).

Termination

Your licence to Access the Website or to DCS may be terminated without prior notice being provided.

Agreement

The Terms of use displayed herein do cover the binding agreement between you and DCS, and our successors and assignees, and supersede any and all prior Terms of use provided or displayed in any format by DCS, the Website, or the information and contents on the Website.

Waivers of any obligation or right

Unless supplied in writing and executed by DCS, no waiver of any obligation or right by DCS will be considered to have taken effect.

Applicable law

The .com.au version of the Website is administered by DCS and its website development team in Queensland Australia. DCS makes no claim that the content of the Website is applicable or available for use in other jurisdictions. Access to the Website from outside Australia is done at the risk of the user and you are liable for compliance with local laws.

Refunds

Unless otherwise specified, Director Corporate Services Pty Ltd will not offer a refund or credit on purchases made through this website unless required under Australian consumer law or other relevant consumer protection laws. In cases where a refund is agreed to, the refund may take up to 30 days. All clients of Director Corporate Services Pty Ltd acknowledge and agree that no claims, suits, class actions or recompense of any kind, will be sought for refunds agreed to or, refusal by Director Corporate Services Pty Ltd to provide said refund.

Jurisdiction

Queensland, Australia is the legal jurisdiction in which these terms are governed. These terms are interpreted in accordance with the current laws of the above jurisdiction. You irrevocably and unreservedly surrender to the exclusive authority of the courts of the said jurisdiction. If any stipulation in these Terms of use is discovered to be unsound or unenforceable by a court of New South Wales, such unsoundness or unenforceability will not affect the rest of these terms and conditions which will remain in full force and effect.

Payments

Electronic Funds Transfer (EFT) is the required upfront method of payment for any engagement of our services. We may choose at any time to issue, an invoice for said services with 7 day payment terms. If full remuneration is not made for any invoice for services rendered by the due date, then we may choose at any time, without giving notice to:

  1. Add a delayed payment fee of 10% of the total invoice amount.
  2. Refer the invoice to a collection agency. If the invoice is referred to a collection agency a charge will be added to bring the invoice to the least amount required by the agency and to also cover the fee charged to recoup the invoiced amount.
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