Private (Proprietary Limited) Company.
If there are more than two directors, you may download the order form and email to us: sales@enlivenco.com.au
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1. INTERPRETATION AND NOTICES
(a) "Order" means the order detailed on the front hereof allowing Enliven Co to provide services which this Order relates to.
(b) "Services" mean incorporation of a company, establishment of a self-managed superannuation fund, trust, and any other provision of commercial services Enliven Co is licensed for and/or advertises from time to time either expressly or reasonably expected to provide in its normal course of business.
(c) "Enliven Co" means S Jun Pty Ltd trading as Enliven Co ATF the Jun Family Trust (ABN 67 256 840 024).
(d) "Client" means the person whose name and address is specified on the front of the Order.
(e) "Entity" means a company, a self-managed superannuation fund, an incorporated/unincorporated body, trust and/or any other type of structure this Order relates to.
(f) "Delivery Date" means, subject to the Client accurately completing the particulars of the Order on the front hereof and the availability of the name selected by the Client (if applicable), dispatched no later than 48 hours of receipt of Order, except where a delay is caused due to factors outside the control of Enliven Co.
(g) "Fees" means the fee payable by the Client to Enliven Co pursuant to the Order.
(h) "Person" includes a company, corporation, firm, or other body of persons.
(i) The singular includes the plural and vice versa.
(j) Any notice given under this Order shall be in writing and, if posted, shall be deemed to have been served on the addressee twenty-four (24) hours after posting.
2. ACCEPTANCE
Enliven Co shall have the absolute right not to accept any Order from the Client and may notify the Client of any such decision as soon as practicable.
3. CLIENT AS PRINCIPAL
The Client agrees that upon signing this Order they will be doing so as a principal with the intention that they be personally bound by the terms and conditions of the Order.
4. ORDER
(a) The Client requests Services from Enliven Co pursuant to this Order and accepts the Terms and Conditions herein contained.
(b) The Client agrees to pay Enliven Co the Fees specified for the provision of Services this Order relates to.
(c) The Client warrants that the persons named as officers/members/trustees/shareholders in this Order have consented to act in the relevant capacity shown in this Order.
(d) The Client warrants that the occupiers of the registered office have consented in writing to the use of the specified address and have not withdrawn this consent.
5. FEES AND OTHER ADJUSTMENTS
(a) The Client acknowledges that prior to submitting the Order to Enliven Co, they have:
(i) been informed by Enliven Co of the amount of Fees payable by them pursuant to this Order; and
(ii) agreed to pay the Fees at the time of submitting this Order.
(b) The Fees may be adjusted and subsequently collectible by Enliven Co to include the amount of any taxes, GST, duties, imposts, levies, fees, disbursements, or other charges levied or imposed on or after the date of the Order concerning the transaction contemplated by this Order, provided the extra costs do not exceed 10% of the value of the Fees. Enliven Co shall inform the Client in advance if the extra costs are to exceed 10% of the Fees.
6. PAYMENT AND DELIVERY
(a) The Fees are payable upon placement of the Order and must be cleared prior to proceeding.
(b) Enliven Co reserves the right to charge an additional fee for an urgent delivery of Services at its discretion or in a fixed sum as agreed with the Client.
(c) Delivery shall be made on the Delivery Date.
7. ERRORS ETC
7.1 Any claims by the Client relating to errors in the Entity supplied by Enliven Co pursuant to this Order must be made in writing and delivered to Enliven Co within forty-eight (48) hours of delivery either in electronic or physical form. Such claims must provide reasonable particulars of the errors.
7.2 Enliven Co accepts no responsibility whatsoever:
(a) For any errors in documents as a consequence of incorrect information supplied by the Client;
(b) If the name(s) selected by the Client is similar to and/or may be confused with or mistaken for another Company or Registered Business Name, making the Client liable to any action pursuant to any State or Federal legislation or the common law concerning the name(s) selected by the Client.
7.3 In the event that the Client requests changes to any documents produced after the formation of the Entity due to an error on their part, the Client will be liable for any charges imposed by external parties for such an amendment. Additionally, Enliven Co reserves the right to charge, and the Client agrees to pay, an amount in addition to the Fees to cover the cost of alteration to documents considering additional time spent and resources deployed, including any disbursement.
8. WARRANTIES AND REPRESENTATIONS
8.1 (a) Other than those warranties or conditions which cannot be excluded by this Order, Enliven Co shall not be bound by any representation, warranty, condition, or statement except insofar as may be set out herein, and all warranties and conditions which might, but for this clause, be implied by any law into this contract are hereby expressly negated and excluded from this Order.
(b) Subject to the provisions of any State or Federal legislation to the contrary which cannot be excluded by this Order, in case of any breach by Enliven Co of its obligations pursuant to this Order, the remedy is limited to one of the following as determined by Enliven Co in its absolute discretion:
(i) the replacement of all documents of the Entity;
(ii) the payment of the cost of replacing all documents of the Entity;
(iii) the rectification of errors in the documentation; or
(iv) the rectification of errors in the documentation rectified.
8.2 Enliven Co shall not be liable in any way whatsoever to the Client for consequential loss or damage sustained by the Client attributable to any defect of the Entity.
9. CANCELLATION
Enliven Co will not accept any refund/cancellation request once payment of the Order has been made and Services to which the Order relates have commenced.
10. PROPER LAW
Any contract entered into pursuant to this Order shall be construed in accordance with the law of the State of New South Wales, Australia, and any and all action taken in relation to or arising from such Order shall proceed in accordance with the laws of that State, and all parties hereto hereby submit to the jurisdiction of the Courts of the said State.
11. ENTIRE AGREEMENT
This Order, once the Client signs it, represents the entire understanding between the Client and Enliven Co, and there are no other terms, conditions, or obligations. No variation shall have any validity unless accepted in writing by Enliven Co.