Application Agreement

DIY Online Grants Pty Ltd
Application Agreement

  1. DIY Online Grants Pty Ltd ACN 619 805 499 (hereafter ‘us’, ‘we’ and ‘our’) provides this portal to:
    • (a) Simplify and assist your business in the completion of various grants applications, compliance and claims.
    • (b) Allow online registration, preparation and lodgement of grant applications

Authority

  1. By registering online and submitting a grant application for lodgement you, as the applicant or representative of the applicant warrant and represent that:
    • (a) you are authorised to enter into this agreement on the terms set out below, have due authority to bind the applicant to the terms of this agreement and provide all information with full authority of the applicant for the grant; and.
    • (b) that you have read, understood and taken legal advice (or had the opportunity to take legal advice but have elected not to do so) in relation to the nature and effect of the obligations under this agreement, including the obligation to pay a success fee.

Appointment as grants consultant

  1. You appoint us or our representatives to act as your grants consultant with your full authority and consent to us communicating with relevant government departments and agencies on your behalf.

Accuracy of information

  1. You are completely responsible for the accuracy and completeness of the information that you provide to us, whether entered into the online forms we have provided or otherwise. You are responsible for providing accurate financial and technical reports in relation to projects or activities included in the application
  2. You represent and warrant that the activities described in the application were undertaken by or for you, and not to a significant extent for another entity
  3. All grant applications are reviewed and lodged in accordance with our professional standards and extensive expertise.
  4. We reserve the right to discuss with you any application we consider does not meet the scheme’s merit criteria. If, after discussion with you, we are unable to address the claim short comings we will advise you of our intention to discontinue the lodgment of your claim with no fee payable for that claim.
  5. You agree to respond to any questions or requests for further information in an honest, prompt and timely manner.
  6. If at any time you have any doubt about the information required to be entered or provided you agree to contact is and seek clarification for the sake of accuracy and completeness.
  7. You must review the completed application and any attached schedule for accuracy and completeness and arrange before signing where required by an authorised officer.

Record keeping and security

  1. You have and will retain full and accurate records, source documentation and contemporaneous records relating to your business. These records will be kept for at least five years after those records were prepared, obtained or of the transaction to which they relate occurred, whichever is the later.
  2. You must protect your login credentials to our service and contact us immediately if you believe they have been compromised.

Fees

  1. Once you have submitted a grants application to us, you agree to pay to us or our representative a success fee of 10% of the grant or R&D tax incentive which is paid to you in respect of your application within 14 days after the receipt of funds.
  2. You agree to pay interest on any amount falling due under clause 13 above at the rate per annum equal to five percentage points above the highest Westpac Bank Overdraft Interest Rate for each month or part thereof that any amount falling due is unpaid. If the fee set out in clause 13 is paid on time, we forever waive any entitlement to interest in respect of the amount paid.
  3. In the event you breach the terms of this agreement, you agree to indemnify us for any reasonable expense we have suffered, including loss of income, interests and legal costs on a full indemnity basis.

Our obligations

  1. We will use our best efforts and experience to:
    • (a) Review and lodge your claim in a timely manner; and
    • (b) Provide feedback (online, by email or by phone) on whether the information provided in the application complies with the grant scheme guidelines and legislation.

No representations of success

  1. Although we may confirm that your documents are ready for submission, the receipt of a refund is not guaranteed. We make no representation as to whether or not you will receive any refund or grant.
  2. Claims lodged by us on your behalf may be reviewed and assessed by the relevant Scheme Administers who has the final authority on determining the success of your application.
  3. If the final application and supporting documentation are not, in our opinion, prepared and presented in a manner consistent with any prevailing schemes guidelines and legislation, we, at our absolute discretion, reserve the right to discontinue the application process.
  4. If we discontinue the application process, we will not charge you any fee.

No advice

  1. We, and our representatives are grants specialist and as such cannot provide you with legal, tax, accounting or intellectual property advice. If at any time you require advice in respect of any such matters you should you seek independent professional advice from your accountant, tax agent, patent attorney or lawyer.

Confidentiality

  1. Each party to this agreement agrees to keep the confidential information of the other party in the strictest confidence and to only disclose that confidential information:
    • (a) If the information is already in the public domain, other than as a result of a breach of this agreement;
    • (b) For the purposes of obtaining insurance or legal advice (and only upon ensuring that any insurance or legal advisor will hold the information in confidence); or
    • As may be required at law, and where you are compelled to produce our confidential information you agree to immediately notify us in writing if you believe you are required to produce that information. You further agree to co-operate with us (at our cost) to take any steps as we might request to seek to maintain confidence over our confidential information.
  1. In this agreement, ‘confidential information’ means the terms of this agreement, any information you submit to us, any information or communications which we enter into with you and any documents created during the course of our dealings with you.