When you subscribe to NowInfinity’s services you are bound by these Terms of Service, so we encourage you to read and understand them.

General

1.2 Owner of the Service

The NowInfinity Service and the NowInfinity website (hereafter referred to as the “Website”) are owned and operated by NowInfinity Pty Ltd (ABN 16 154 927 376, hereafter referred to as “NowInfinity,” “we,” “us” or “our”).

1.3 Acceptance of the Terms of Service

Your use of the Service is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service, as well as agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on NowInfinity. The payment of your NowInfinity subscription constitutes your acceptance of these Terms of Service. Registering for your free trial also constitutes your acceptance of these Terms of Service.

1.4 NowInfinity Accounts

After you have successfully paid your NowInfinity subscription or registered for your free trial you will be given a NowInfinity account (hereafter referred to as your “Account”).

1.5 Changes to the Terms of Service

NowInfinity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

1.6 Suspension and termination of Service

NowInfinity, in its sole discretion has, subject to one month’s prior written, has the right to suspend or terminate your subscription and refuse any and all current or future use of the Service, or any other NowInfinity service, for any reason at any time. One month notice may be waived if suspension or termination is a result of a gross breach of this agreement by the Customer. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

Features of Service—definitions

2.1 Free trial

Free trial offers on NowInfinity products are limited to a maximum of one free trial per office per company for 14 days from the date of submitting your free trial request via our website www.nowinfinity.com.au

2.2 NowInfinity Fair Use Policy

“Unlimited” use of the document generation service is defined as follows for the following subscription plans: Free Trial, NowInfinity Pro and NowInfinity Enterprise. During the subscription period NowInfinity will monitor document generation usage. 

If NowInfinity deems document creation is exceeding Fair Usage, NowInfinity will provide written notice to you and reserves the right to terminate your subscription in accordance with clause 1.6. 

We define “exceeding Fair Usage” as unreasonably or unfairly high volumes of document generation across one or more of the following document categories: Trusts, Self Managed Superannuation Fund, Reserves, Pensions, Contributions & Withdrawals, Assets and Loans. If this occurs termination of the subscription will occur with immediate effect.

All users who subscribe to the NowInfinity free trial and create an account for use during this period are, at the conclusion of the free trial period, automatically assigned to the NowInfinity On Demand plan.
Members can cancel this account at any time by emailing the NowInfinity team at info@nowinfinity.com.au.

Subscription

3.1 Age

You must be 18 years or older to use this Service.

3.2 You must be human

Accounts registered by “bots” or other automated methods are not permitted.

3.3 Information required

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

3.4 Logins

Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.

3.5 Security

You are responsible for maintaining the security of your account and password. NowInfinity cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.6 Content

You are responsible for all content (hereafter referred to as “Content”) posted and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account).

3.7 Unauthorised use

You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Privacy and security

Users are referred to the NowInfinity Privacy Policy at: http://nowinfinity.com.au/privacy-policy/

Payment, refunds, upgrading

All prices for the NowInfinity Service are exclusive of GST unless otherwise indicated.

5.1 On Demand plan

Refer to price list. A valid credit card is required for payment.

5.2 Pro plan

The Pro plan is a quarterly subscription. Subscription to this plan is $1,295 ex-GST per month

5.2.1 A valid credit card is required for paying subscriptions unless you nominate Direct Debit.

5.2.2 If you sign up for a Pro plan (quarterly subscription), you will be billed monthly in advance during your quarterly subscription period, unless your subscription is suspended or terminated in accordance with clause 1.6.

5.2.3 The Pro plan applies to a single physical office or individual practice location, unless Letter of Offer (Proposal) sent to you states otherwise. If you require organisation wide or multiple site licenses please contact us.

5.2.4 Payments made are non-refundable.

5.2.5 If you upgrade from the Pro plan to the Enterprise plan, your credit card or bank account that you provided will automatically be charged the new rate on your next billing cycle.

5.2.6 Where NowInfinity exercises its rights under clause 1.6, you will not be charged for the Services covering the period of suspension or from the date of service termination (as the case may be).

5.3 Enterprise Plan

The Enterprise plan is an annual subscription. Subscription to this plan is a minimum of $2,500 ex-GST per month.

5.3.1 A valid credit card is required for paying subscriptions or you can nominate Direct Debit.

5.3.2 The Enterprise plan applies to a single physical office or individual practice location. If you require organisation wide or multiple site licenses please contact us.

5.3.3 If you sign up for an Enterprise plan (annual subscription), you will be billed monthly in advance during your annual subscription period.

5.3.4 Payments made are non-refundable.

Cancellation and termination of Account

6.1 Free trial plan

You can cancel your account at any time by emailing info@nowinfinity.com.au.

6.2 On Demand Plan

You can cancel your account at any time by emailing info@nowinfinity.com.au.

6.3 Pro plan

6.3.1 The Pro plan is a quarterly subscription, which continues quarter by quarter at the end of your initial subscription period. If you cancel your subscription before the end of your current quarterly subscription period, you will continue to be charged monthly to your nominated credit card or bank account until the end of your quarterly subscription period.

6.3.2 All of your Content will be immediately deleted from the Service at the end of the quarterly subscription period corresponding to your cancellation. This information cannot be recovered once your account is cancelled. NowInfinity does not accept any liability for any loss that may be incurred.

6.4 Enterprise plan

6.4.1 The Enterprise plan is a 12 month subscription, which continues month to month at the end of 12 months. Cancellation can occur in writing with 90 days notice.

6.4.2 All of your Content will be immediately deleted from the Service at the end of the 90 day notice period corresponding to your cancellation or at the end of your Subscription, which ever comes first. This information cannot be recovered once your account is cancelled. NowInfinity does not accept any liability for any loss that may be incurred.

Other fees and charges

7.1 Standard company formations

In order to register a company through ASIC you will need to pay a fee for each company formation. The fee is payable at the time a company formation document is completed and includes the ASIC registration and processing fees.

7.1.1 If you choose to register a company with NowInfinity On Demand you will incur a fee of $474.

7.1.2 If you choose to register a company with NowInfinity Pro you will incur a fee of $464.

7.1.3 If you choose to register a company with NowInfinity Enterprise you will incur a fee of $444.

7.2 ABN / TFN Registration

In order to register an Australian Business Name or a Tax File Number you will incur a fee of $66 inc GST regardless of Subscription type.

7.3 Bank Fees

7.3.1 Credit Cards incur transaction processing fees. This fee is 0.89% for Visa and Mastercard and 3% American Express

7.3.2 Direct Debit transactions incur a $0.88 processing fee

Modifications to the Service and prices

Prices of all Services, including but not limited to quarterly subscription plan fees to the Service, are subject to change upon 90 days prior notice from us. Such notice may be provided at any time by posting the changes to the website or the Service itself.

Legal Advice

This website is intended to provide legal information only. The Content, Documents and or any other information contained in this website do not constitute legal advice, and nothing on this website or service should be construed or considered as giving legal advice.

NowInfinity strongly recommends that you obtain qualified, proper and independent legal professional advice.

NowInfinity is not responsible for any misinterpretation or omissions from the use of the content on the NowInfinity Platform and you accept any risks of not seeking proper and qualified legal advice.

Liability

NowInfinity shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, unless caused or contributed by the negligence, default or breach of these Terms of Service by NowInfinity, its officers, employees or agents.

Communication from us

When you subscribe to the Service or register for the free trial you consent to receive occasional email notifications from us. These notifications will advise you of Service updates as well as learning and development content and marketing material.

Severability

If any part of these Terms of Service is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms of Service.

Governing law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Last modified 25 November 2014