1. We offer our Services on an on-demand basis with no committed term (On-Demand Access).
2. We will provide your officers, employees and individuals engaged on a contract or labour hire basis (Staff) with access to the Services, subject to these T&Cs.
3. We may provide you with materials as part of the Services (Materials). You must not use the Services or any Materials in any way whatsoever except as permitted under these T&Cs
4. If the Services include the ability to download:
5. templates and associated Materials that have been prepared for us by third party legal practitioners (Legal Templates)
6. You must comply with all applicable laws in relation to your use of the Services and the Materials.
7. You must not reverse engineer or decompile any part of the Services unless permitted by law, or remove, alter or obscure any disclaimers or identification, copyright, trademark or other proprietary notices, labels or marks on any Materials. 
8. We reserve the right to, at any time, offer new services and/or features, or improve, modify or discontinue any Services or any part of them temporarily or permanently.

1. Our product may involve the storage and management of data using third-party cloud services, including but not limited to Google Drive and Microsoft SharePoint. These services are hosted on servers located outside of Australia and are subject to the terms, conditions, and privacy policies of their respective providers.
2. By using our product, you acknowledge and consent to your data being stored, processed, and transmitted on servers located in jurisdictions outside of Australia, which may not provide the same level of data protection as Australian law. While we take reasonable steps to ensure the security of your data, we cannot guarantee the absolute security or compliance of these third-party services.

1. Subject to clause 1 (e), you may only use the Services and any Materials on the payment of:
   1. the fees set out on our website, where you have use On-Demand Access via our website;
   2. (Fees). The Fees will be exclusive of GST, unless otherwise indicated.
2. Where additional fees are payable to ASIC or for printing or stamping of documents, you will be required to pay those fees in addition to the Fees. These fees may include ASIC registration and processing fees and will be payable at the time the document is completed, printed or stamped (as applicable). The current schedule of fees charged by ASIC to start a company may be viewed at www.asic.gov.au/for-business/payments-fees-and-invoices/asic-fees/fees-for-commonly-lodged-documents/starting-a-company/.

1. The Materials contain proprietary information that is owned by or licensed to us, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
2. You must use and sublicence Templates completed and downloaded for a particular Client only for that Client, and may not use or provide any such Templates for any other Client at any time.

1. We may collect personal information (as that term is defined in the Privacy Act 1988 (Cth)) in our provision of the Services (Personal Information). We are committed to protecting Personal Information and our Privacy Policy contains information regarding our collection, use, disclosure and protection of Personal Information. Where you provide us with Personal Information, you must ensure that you have the right to disclose it to us, and for us to use and disclose that Personal Information as described in our Privacy Policy, including having made any notifications or obtained any consents that may be required to enable this to occur.
2. If you become aware of or have reasonable grounds to suspect that there has been any unauthorised access to, disclosure or loss of, or any other unauthorised interference with, any data on or accessed via our platform or the Services (Data Breach), you must immediately:
   1. notify us in accordance with clause 21 of these T&Cs of the nature and details of the Data Breach and of any recommended initial steps to be taken in response;
   2. work with us on, including by providing any requested information, assistance and cooperation, and allow us to control, the investigation and assessment of the Data Breach to allow us comply with our obligations under the Privacy Act and any other applicable privacy laws and obligations (Privacy Laws), including to allow us to understand (where relevant) the affected data, the individuals to whom that data relates, and whether any Data Breach would be likely to result in serious harm to those individuals (including any of the matters referred to in section 26WG of the Privacy Act); and
   3. act to contain and mitigate the Data Breach, protect affected individuals and protect such data from further breaches.
3. If we form the view that we are or may be required to notify affected individuals of a Data Breach under the Privacy Laws, you must:
   1. comply with any of our directions relating to the Data Breach and allow us to control the notification process, including deciding who will fulfil the relevant notification requirements; and
   2. if we decide to fulfil the relevant notification requirements, you must cooperate and provide us with all reasonable assistance in relation to such requirements; or
   3. if we decide that you should fulfil the relevant notification requirements, to the extent permitted by law, you must consult with us, take into account our reasonable considerations and obtain our approval prior to fulfilling any notification requirements and ensure that you comply with all such notification requirements in accordance with the Privacy Laws.
4. You must allow us to undertake reasonable periodic reviews to test and validate your compliance with this clause 7.

1. We are not a legal, accounting or tax adviser. We are not the author of and have no editorial control over, any Legal Templates or any information contained in any Legal Templates. The Templates have not been prepared with regard to any of your or your Clients’ particular circumstances. You must satisfy yourself as to the content and appropriateness of any Templates for your purposes and that of your Clients, and we make no warranty as to the form, content or appropriateness of any Templates for you or your Clients. You and your Clients should obtain your own advice and rely on such advice when using any Templates.
2. You acknowledge and agree that the Services and Materials do not constitute or contain personal or general advice for the purpose of the Corporations Act 2001 (Cth) and that we, our employees and advisers do not offer any legal, accounting, tax or other professional advice or services in connection with the provision of the Services and Materials.

1. All express or implied guarantees, warranties, representations, or other terms and conditions relating to these T&Cs or its subject matter, not contained in these T&Cs, are excluded from these T&Cs to the maximum extent permitted by law. To the maximum extent permitted by law, we do not warrant that the Services or Materials will be error-free, that defects will be corrected, or that they will be fit for your or your Clients’ particular purpose or suitable for use in other jurisdictions.
2. Nothing in these T&Cs excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
3. If any guarantee, warranty, term or condition is implied or imposed in relation to these T&Cs under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
   1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
   2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
4. Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, under no circumstance will either party be liable to the other on account of any claim under or in connection with these T&Cs, 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 or for any loss of or interruption to either party’s business, whether or not foreseeable and even if we have been advised of the possibility of such damages.
5. Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, where in the performance of our Services, if we are liable to you for the loss of or damage to your data, whether based in contract, negligence or other tort, breach of any statutory duty or otherwise, your sole and exclusive remedy in relation to that loss or damage will be to require us to restore the affected data to the last available back up.
6. Subject to our obligations under the Non-Excludable Provisions, clause 10(g), and to the maximum extent permitted by law, the aggregate liability of either party of any kind whatsoever for all causes of action arising under or in connection with this Agreement or the Services in any calendar year, whether based in contract, negligence or other tort, breach of any statutory duty or otherwise, will not exceed two times the total Fees paid or payable by you during that calendar year.
7. The liability cap in paragraph (f) does not apply to a breach of your obligations under clause 6 (Intellectual Property).
8. You must indemnify us and our employees, officers, agents and contractors from and against any claims, proceedings and losses arising out of a claim by a third party as a result of your wilful misuse of any Services.
9. Each party will indemnify the other party and the other party’s employees, officers, agents and contractors from and against any claims, proceedings and losses arising out of a claim by a third party as a result of that party’s wilful breach of these T&Cs.

If any part of these T&Cs is or becomes illegal, invalid or unenforceable, it will not affect the validity or enforceability of any other provisions.

1. You must comply, and must ensure that your Staff comply, with our Fair Use Policy (available at www.class.com.au/fair-use-policy, as updated and amended by us from time to time) when using the Services.
2. The Services are for the primary purpose of servicing you.

The failure of a party to pursue its rights with respect to a default or breach of these T&Cs does not constitute a waiver of the right to enforce its rights with respect to the same or any other breach.

Neither party is responsible for any delay in its performance or its failure to perform due to causes beyond its reasonable control.

You must not assign your rights or obligations under these T&Cs without our prior written consent.

These T&Cs are the entire agreement and understanding between the parties and supersede any prior negotiation, arrangement, understanding or agreement with respect to the subject matter hereof. Notwithstanding the preceding sentence, nothing in these T&Cs limits any liability either party may have in connection with any representations or other communications (either oral or written) made in relation to the Services, where such liability cannot lawfully be excluded.

1. The Receiving Party must keep confidential and must not use or disclose to any other person, any Confidential Information of the Disclosing Party.
2. The Receiving Party may only disclose the Confidential Information of the Disclosing Party:
   1. to its officers, employees, consultants, secondees, contractors or professional advisers solely to the limited extent necessary for the purpose of performing its obligations or exercising its rights under these T&Cs;
   2. with the prior written consent of the Disclosing Party; or
   3. to the extent necessary for it or its shareholders to comply with any applicable law or the rules of any competent regulatory body or stock exchange.
3. Where the Receiving Party discloses any Confidential Information of the Disclosing Party under clause 19(b)(i) or clause 19(b)(ii), the Receiving Party must take all practicable steps to ensure that the person receiving the Confidential Information from it does not disclose that information except in the circumstances permitted in clause 19(b).
4. In this clause 14:
   1. Confidential Information means all information of whatever kind disclosed or revealed by one party (the Disclosing Party) to the other party (the Receiving Party) under or in relation to the Services or these T&Cs that is by its nature confidential, is designated by the Disclosing Party as confidential or which the Receiving Party knows or reasonably ought to know is confidential, and includes non-public or proprietary information regardless of how the information is stored or delivered, and information relating to the business, technology or other affairs of the Disclosing Party, including any Personal Information, information relating to the Services, and its customers and clients but does not include information:
      1. which is in or becomes part of the public domain other than through a breach of these T&Cs or an obligation of confidence owed under this clause 19
      2. which the Receiving Party can prove by contemporaneous written documentation was:
         1. already known to it at the time of disclosure by the Disclosing Party (unless that knowledge arose from disclosure of information in breach of an obligation of confidentiality); or
         2. independently developed by the Receiving Party without reference to the Confidential Information of the Disclosing Party; or
      3. which the Receiving party acquires from a source other than the Disclosing Party or any of its representatives where such source is entitled to disclose it on a non-confidential basis;
   2. Disclosing Party has the meaning given in the definition of Confidential Information; and
   3. Receiving Party has the meaning given in the definition of Confidential Information.

These T&Cs will be governed by and construed in accordance with the laws in force in the State of Victoria and the parties irrevocably submit to the jurisdiction of courts sitting in the State of Victoria.

1. We may give notices to you under these T&Cs by email to the primary contact email address associated with your account. You are responsible for ensuring that your primary contact email address remains current and is monitored. You can advise us of changes to your primary contact email address by going to Portal Settings > Account Settings to update the primary contact details, or, by emailing us at contact@setupmysmsf.com
2. Notices from by us will be regarded as having been given on the next business day (in Brisbane) after the notice is sent by us to your primary contact email address, even if we receive an out-of-office notification or bounce-back. When you need to give us a notice under these T&Cs, you must send it by email to at contact@setupmysmsf.com
3. Date of last revision:18 October 2024

For the processing of legal documents and ASIC company setup, we utilize the services of NowInfinity Pty Ltd, a third-party platform specializing in document automation and compliance. By using our services, you acknowledge and consent to the involvement of NowInfinity Pty Ltd in the preparation and lodgment of such documents.

While we take reasonable steps to ensure the accuracy and compliance of the services provided through NowInfinity Pty Ltd, we do not guarantee or accept liability for any errors, delays, or omissions caused by this third-party provider. All interactions with ASIC and other regulatory bodies will be subject to the terms and conditions and privacy policies of NowInfinity Pty Ltd.