Terms and Conditions
The Trustee for the SG Unit Trust trading as
esolvency ABN 33 990 980 380
Terms and Conditions
1. Parties and definitions
1.1 “This Agreement” means these terms and conditions.
1.2 “Company” means the corporate entity to be wound up by us as liquidator
1.3 “Disclosure” means the answers you gave to the questions on the Website questionnaire.
1.4 “esolvency”, “our”, “us” or “we” means the Trustee for the SG Unit Trust trading as esolvency ABN 33 990 980 380.
1.5 “Low Cost Liquidation Contribution” means the sum of $5,500 payable in accordance with clause 3 of this Agreement.
1.6 “Liquidation” means a Creditors Voluntary Liquidation
1.7 “You” or “your” or “the Client” means the users of the Website, being the director(s) and/or shareholder(s) of the Company.
1.8 “Website” means www.esolvency.com.au
1.9 “Company Documents” means copy of:
1.9.1 Last set of externally prepared financial statements; and
1.9.2 MYOB/Quickbooks/XERO or any other managaement accounting datafile, including usernames and passwords; and
1.9.3 All bank statements for all bank accounts for the previous 12 month period.
1.10 “Final Documents” means the documents we send you to appoint us as Liquidator and put the Company into liquidation, but does not include the Consent to Act.
1.11 “Consent to Act” means our consent to act as liquidator of the Company, provided to you upon review and confirmation of the Company Documents, and necessary to effect the process of appointment of us as liquidator and Liquidation.
2. Acceptance of Terms
2.1 This Agreement applies (to the exclusion of any others) to the engagement of esolvency to review the Company Documents and for us to accept the appointment as liquidator of the Company.
2.2 You are deemed to have accepted these Terms and Conditions upon the acknowledgement of acceptance on the Websites.
2.3 You are also deemed to have accepted these Terms and Conditions by the uploading of Company Documents via the Website.
3. Low Cost Liquidation
3.1 The offer of the Low Cost Liquidation is made on the basis of the Disclosure.
3.2 The Low Cost Liquidation Contribution represents the cost to you to put the Company into, and for us to administer the process of, liquidation.
3.3 The Low Cost Liquidation Contribution is paid in two instalments and is wholly non-refundable.
3.4 The initial contribution of $550 (the Initial Contribution) is to be paid prior to the Company uploading the Company Documents.
3.5 Within one (1) business day of the Company Documents being received, we will send you the Final Documents.
3.6 The balance of $4,950 (the Balance) is due and payable prior to the appointment of the liquidator and the commencement of the liquidation.
3.7 Within one (1) business day of the Balance being paid, we will send you our Consent to Act.
3.8 The Final Documents are to be executed and returned to us via our client portal within five (5) ordinary days of receiving our Consent to Act otherwise the Consent to Act will be withdrawn without notice.
3.9 You acknowledge that if the Balance of the Low Cost Liquidation Contribution is not paid within 30 ordinary days of receiving the Final Documents then you will forfeit the Initial Contribution.
4. No Cost Liquidation
4.1 The offer of the No Cost Liquidation is made on the basis of the Disclosure.
4.2 No Cost Liquidation means no upfront contribution is payable by you to place the Company into liquidation.
4.3 We reserve the right to refuse to proceed with the No Cost Liquidation once the Company Documents have been reviewed. Where we ascertain the No Cost Liquidation does not apply to you, we will contact you to make further arrangements.
5. Warranties and acknowledgments
5.1 You warrant that the information provided in the Disclosure is true and correct.
5.2 You warrant that all Company Documents uploaded to the Website are the property of the Company and are true and correct to the best of your knowledge and belief.
5.3 You warrant that the Final Documents will be returned within 48 hours of being executed. Where the documentation is not returned in that timeframe, we reserve the right to impose additional fees to prepare replacement documents.
5.4 You acknowledge that the appointment will take effect on the date upon which you upload all appointment documentation to our client portal.
5.5 You acknowledge that payment of the Low Cost Liquidation Contribution does not release you from any liability you may have to the liquidator or to the Company pursuant to the Corporations Act 2001 (Cth) or at common law.
5.6 You acknowledge that the Liquidator is obliged to carry out his statutory and legal duties without any conditions thereupon, and that no conditions on the conduct of the liquidation arise as a result of payment of the Low Cost Liquidation Contribution.
5.7 You acknowledge that the Low Cost Liquidation Contribution is not a debt of the Company and you are unable to claim the payment as a debt due to you by the Company in the liquidation.
5.8 You acknowledge that the costs and remuneration associated with undertaking the liquidation may exceed the quantum of the Low Cost Liquidation Contribution and that the liquidator will be entitled to recover such remuneration and disbursements from any assets realised and/or any other recoveries in the liquidation.
5.9 You acknowledge that the actual remuneration drawn in the liquidation will be subject to the approval of the creditors, committee of inspection or court, after we have provided a remuneration report in accordance with the requirements set down in the Corporations Act 2001 (Cth) and the ARITA Code of Professional Practice and any other subsequent/amending/updating/similar legislation/best guidance material.
5.10 You acknowledge that pre-appointment dealings on our website, including dates of those dealings, will be required to be disclosed to creditors of the Company, upon our appointment, in our Declaration of Independence, Relevant Relationships and Indemnities in accordance with the requirements set down in the Corporations Act 2001 (Cth) and the ARITA Code of Professional Practice and any other subsequent/amending/updating/similar legislation/best guidance material.
5.11 You acknowledge that you are a Director and/or Shareholder of the Company and/or authorised to act on the Company’s behalf.