By using NowInfinity’s Service (Service) and this website, you acknowledge that you have read and accept these Terms and Conditions and that you signify your acceptance of these Terms and Conditions by use of the Service and this website. If you do not accept these Terms and Conditions, please do not use the Service or this website.
In accordance with these Terms and Conditions, NowInfinity grants to you a non-exclusive right to use the materials (Materials) provided under the Service for as long as you remain up to date with the Subscription Fees (Fees). NowInfinity reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice.
You must not use the Materials in any way whatsoever other than as permitted under these Terms and Conditions.
You remain wholly responsible for the use of the Materials by you, your employees or agent, which use must be in accordance with these Terms and Conditions.
2. Term and Termination
Your Package Subscription (Subscription) shall continue for a minimum period of twelve (12) months, commencing on the day you accept these Terms and Conditions and pay the initial instalment of Fees (Initial Term).
Upon the expiration of the Initial Term, your Subscription shall automatically extend for successive terms of twelve (12 months) provided that either party may terminate your Subscription at any time after expiry of the Initial Term by giving not less than 30 days’ notice in writing to the other.
NowInfinity may terminate your Subscription immediately if you breach of these Terms and Conditions, including but not limited to in the event of any failure by you to pay Fees.
Termination of the Service will result in the deactivation or deletion of your Account, and the forfeiture and relinquishment of all of your rights to use the Materials.
NowInfiinity reserves the right to vary its Fees at any time after expiry of the Initial Term by giving you not less than 30 days’ notice in writing.
If you terminate your Subscription during the Initial Term, NowInfinity reserves the right to recover Fees for the remainder of the Initial Term, being a genuine pre-estimate of the damages NowInfinity will suffer in the event of termination of your Subscription before the expiry of the Initial Term. If you terminate your Subscription at any time after expiry of the initial term, you must pay all Fees up to the date of termination.
You shall pay the monthly Fees set out in the NowInfinity Subscription Order Form. Such Fees shall be exclusive of GST, unless otherwise indicated.
The Fees will be debited to your nominated account or credit card from the date your Subscription commences.
In order to register a company through ASIC, you need to pay a fee for each company formation in addition to your subscription Fees. The fee is payable at the time the company formation document is completed and includes the ASIC registration and processing fees. The schedule of fees as per the ASIC may be viewed at http://www.asic.gov.au/for- business/payments-fees-and-invoices/asic-fees/fees-for-commonly-lodged-documents/starting-a-company/.
The Entity Management Suite usage provides for a 10% variance (between anniversary dates) to volume listed on the order form. Excess usage will be billed at $5 per entity per annum.
Payments made are non-refundable.
Access to the Materials shall be granted by providing you with a user name(s) and password(s) (Login Details), which must not be revealed to any other person by you or your employees or agents. You are responsible for maintaining the security of your Account and NowInfinity will not be liable for any loss or damage arising out of your failure to comply with your security obligations.
You must comply with all applicable laws in relation to your Subscription and your use of the Materials.
You are solely responsible for the use, supervision, management and control of the Materials by you and your employees or agents, or if you are an accounting firm, your clients, and you must at all times protect the Materials from misuse, copy or any form of unauthorised use other than in accordance with these Terms and Conditions.
Your use of the Services and Materials are for internal purposes only, and you must not re-sell or white-label or permit the resale or white-labelling of the Materials for any purpose whatsoever.
5. Intellectual property
The Materials contain proprietary information that is owned or licensed by NowInfinity,and is protected by applicable intellectual property and other laws, including but not limited to copyright.
With the exception of Trustees applying the Rules for the Fund for compliance, tax or other purposes under the Superannuation Laws, the Materials may not be reproduced in part or full in Australia or any other country by any process, electronic or otherwise, in any material form or transmitted to any other person or stored electronically in any other form without the prior written consent of NowInfinity and View Legal except as may be permitted under the Copyright Act 1968 (Cth).
You acknowledge that some of the the Materials being legal documents are provided by NowInfinity under licence from View Legal and that NowInfinity are not responsible for the content of those Materials. NowInfinity is not a legal service provider and does not employ lawyers. NowInfinity is not the author of any legal documents or information contained in the Materials and has no editorial control over any of such Materials.
You agree that you will not make any commercial use of any of the Materials, in whole or in part, without the prior written consent of NowInfinity and View Legal and payment of an appropriate licence fee.
You must not modify or distribute the Materials or any part of the Materials without the prior written consent of NowInfinity.
You acknowledge and agree that the Materials are based on the relevant Australian Corporation, Superannuation and Taxation laws. NowInfinity and View Legal and their respective employees and advisers do not accept any liability for loss or damages of any kind whatsoever arising as a result of using the Service.
You acknowledge and agree that the Materials do not constitute or contain personal or general advice for the purpose of the Corporations Act 2001 (Cth) and no legal advice or accounting advice or services are offered or given by NowInfinity, its employees or advisers in connection with the provision of the Materials.
NowInfinity does not warrant that the functions contained in the Materials will be error-free or that this website will be free from viruses. NowInfinity does not warrant that defects will be corrected and does not warrant the correctness of any of the Materials or that they will be fit for a particular purpose or suitable for use in other jurisdictions.
7. Limitation of Liability
Under no circumstance will NowInfinity be liable to you on account of any claim whether based in contract, negligence or other tort, breach of any statutory duty or otherwise, for any special, consequential, indirect, incidental or exemplary damages, or for any loss of profits, revenue, interest, goodwill, loss or corruption of data or for any loss of or interruption to Customer’s business, or for any damages or sums paid by Customer to third parties, even if NowInfinity has been advised of the possibility of such
Without prejudice to any other provision of these Terms and Conditions, to the fullest extent permissible at law, NowInfinity’s aggregate liability of any kind whatsoever under or connection with these Terms and Conditions and the provision of the Services, will not exceed two times of the total annual amount received by NowInfinity for Fees payable in connection with your Subscription.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other provisions.
The Subscription usage is for the primary purpose of servicing direct clients of the company listed on the Subscription Order Form. However, the company may produce documents for another firm where they carry the same brand and have at least a 50% shared ownership structure. Specifically, where an accounting firm and financial planning firm hold the same brand and ownership.
Reselling or white-labelling of the Materials is strictly prohibited under these Terms and Conditions.
You cannot assign your rights or obligations under these Terms and Conditions without NowInfinity’s prior written consent.
11. Entire Understanding
These Terms and Conditions contain the entire agreement and understanding between the parties and supersedes any prior negotiation, arrangement, understanding or agreement with respect to that subject matter hereof.
NowInfinity reserves the right to amend these Terms and Conditions at any time by giving not less than 30 days’ notice to you. NowInfinity will provide you with electronic notice of any amendments and request confirmation of your acceptance of such amendments.
13. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the state of Queensland and the parties irrevocably submit to the jurisdiction of its courts.