Last updated: June 2026
1. About These Terms
These Terms of Service ("Terms") govern your use of the Business Formation Australia website (the "Site") and the registration assistance services we provide (the "Services"). Business Formation Australia (ABN 66 289 309 387) is referred to as "we", "us" or "our", and the person or entity using our Services is "you". By accessing the Site, creating an account, or submitting an application, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services.
2. Our Service
We are a private business registration assistance service. We prepare and lodge applications with the relevant Australian government bodies on your behalf, including:
- Business name registrations with the Australian Securities and Investments Commission (ASIC)
- Company (Pty Ltd) registrations with ASIC
- Australian Business Number (ABN) applications with the Australian Business Register (ABR)
- GST and PAYG withholding registrations with the Australian Taxation Office (ATO)
We act as your agent for the purpose of preparing and lodging these applications. We are a private service and are not ASIC, the ATO, the ABR or any other government body, and we are not affiliated with or endorsed by them. You can lodge most of these registrations yourself directly with the relevant government body, in some cases for a lower fee or at no cost. Our fees are for the preparation, convenience and support we provide.
3. What We Are Not
We are not a law firm, accounting firm, registered tax agent or financial adviser, and nothing we provide is legal, tax, accounting or financial advice. Information on the Site and from our team is general information only and does not take your personal circumstances into account. You should obtain independent professional advice (for example, from a solicitor or registered tax agent) before making decisions about your business structure or tax affairs.
4. Eligibility and Your Account
To use the Services you must be at least 18 years old and able to enter into a binding contract. If you create an account, you are responsible for keeping your login details secure and for all activity that occurs under your account. You must provide accurate, current and complete information and keep it up to date.
5. Your Responsibilities
You are responsible for the accuracy and completeness of all information you provide, including names, addresses, dates of birth, tax file numbers (TFNs) and identity details. You confirm that:
- the information you provide is true, accurate and not misleading;
- you are authorised to provide any information relating to other people (such as directors, partners or associates) and to instruct us to act on their behalf;
- you have the right to use any business or company name you ask us to register; and
- you will not use the Services for any unlawful or fraudulent purpose.
We rely on the information you provide and are not responsible for errors, delays or rejections caused by information that is incorrect, incomplete or supplied late.
6. Tax File Numbers and Sensitive Information
Where a registration requires a TFN or other sensitive information, we collect it only to complete your lodgement and handle it in accordance with our Privacy Policy and applicable law. We will only ask for this information as part of an application you have initiated.
7. Fees and Payment
Our fees are shown on the Site and at checkout, are in Australian dollars and include GST. Unless stated otherwise, applicable government fees (such as ASIC fees) are included in the price shown. Payment is processed securely by our third-party payment provider; we do not store your full card details. Your order is confirmed once payment has been successfully processed. We may change our fees at any time, but changes do not affect orders already paid for.
8. Refunds and Cancellations
Because we begin preparing your application promptly, and because government fees are paid to ASIC, the ATO or the ABR on your behalf:
- Before lodgement: if you cancel before we have lodged your application, we will refund the amount you paid, less any government fees already paid and a reasonable administration fee for work performed.
- After lodgement: once an application has been lodged with the relevant government body, the government fee component is non-refundable because it has been paid to that body, and our service fee is non-refundable once the work has been completed.
- Rejections: a government body may reject an application (for example, where a business or company name is unavailable or does not meet legal requirements). Where this happens we will work with you to correct and re-lodge it where possible. Government fees already paid to a third party may not be recoverable.
Nothing in this clause limits your rights under the Australian Consumer Law (see clause 12). For full details, including how to make a request and how refunds are processed, see our Refund & Cancellation Policy. To request a cancellation or refund, email us at support@businessformationaustralia.com.au.
9. Processing Times
Any processing or turnaround times we quote (for example, "same business day") are estimates only and are not guaranteed. Registration and approval are performed by ASIC, the ATO or the ABR, and the timing and outcome are outside our control. We are not liable for delays caused by government bodies, incomplete information, identity verification or system outages.
10. Names and Availability
A business or company name is not reserved or registered until the relevant government body approves it. Search results on the Site (including availability checks) are indicative only and do not guarantee that a name is available or that your application will be accepted. You are responsible for ensuring you have the right to use a name and that it does not infringe the rights of others, including registered trade marks. Registering a business name does not give you ownership of the name or protect it as a trade mark.
11. Intellectual Property
All content on the Site, including text, graphics, logos and design, is owned by or licensed to us and is protected by law. You may not copy, reproduce or use it except as reasonably necessary to use the Services.
12. Australian Consumer Law and Limitation of Liability
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law that cannot lawfully be excluded.
To the maximum extent permitted by law:
- the Services and the Site are provided on an "as is" basis and we exclude all other warranties;
- we are not liable for any indirect, incidental or consequential loss, or for loss of profits, revenue, data or goodwill; and
- where our liability cannot be excluded but can be limited, our total liability to you is limited, at our option, to re-supplying the relevant Service or refunding the fees you paid us for it.
We are not liable for the acts, decisions, fees or processing times of ASIC, the ATO, the ABR or any other government body or third party.
13. Indemnity
You agree to indemnify us against any loss, claim or expense arising from information you provide that is inaccurate, misleading or unlawful, or from your breach of these Terms, except to the extent it is caused by us.
14. Privacy
We handle your personal information in accordance with our Privacy Policy, which forms part of these Terms.
15. Changes to These Terms
We may update these Terms from time to time. The current version will always be available on this page with the date of last update shown above. If you continue to use the Services after a change takes effect, you accept the updated Terms.
16. Governing Law
These Terms are governed by the laws of Australia. Any dispute is subject to the non-exclusive jurisdiction of the courts of the State or Territory in which Business Formation Australia operates.
17. Contact Us
For any questions about these Terms:
Business Formation Australia
ABN 66 289 309 387
Email: support@businessformationaustralia.com.au