Terms & Conditions

  1. Is any liability excluded under these Terms?

    Yes. Honcho acts primarily as a gateway between third parties for the services that they supply and you. Due to this, you as customer will be subject to the terms and conditions set out on the website of the services that you receive and Honcho excludes all liability in relation to the services performed by a third party.

    Honcho excludes all liability for any indirect, special or consequential loss or damage.

    Further, in the event Honcho is liable, its liability will be limited to supplying the Services again or paying the cost of having the Services supplied again. This limitation of liability is subject to any laws, including the Australian Consumer Law.

    See clause 52 of the Terms.

  2. Do you receive any referral fees?

    Yes we do. We receive referral fees from third parties when you use our Services. Depending on the Services you select, we may receive referral fees from:

    • Applied Marks Pty Ltd
    • Service Seeking Pty Ltd
  3. Will any of the Services be automatically renewed?

    Our Services are generally paid up front and due to the ongoing nature of many of the Services, they will automatically renew for a monthly or annual term. In the event that you sign up to any Services that are ongoing, we will inform you when those Services are coming up for renewal. Should you not wish for a specific Service to renew, cancellation of the Service must be made in accordance with our Terms and must be in writing.

  4. Accessing this website

    1. These terms of use (Terms) cover your access to and use of:
      1. this website www.business-switch.com.au and all related individual websites linked from www.business-switch.com.au(Website) that are provided by Business Switch Pty Ltd (ABN 83 134 235 304) trading as honcho.com.au (we, us, our or Honcho);
      2. the services provided through the Websites (Services), namely:
        1. Australian Business Number (ABN) registration;
        2. Australian Business Name (Business Name) registration and renewal;
        3. Australian company registration, business formation and renewal;
        4. GST, tax file number (TFN) and PAYG registration;
        5. ASIC annual renewals and annual reviews;
        6. domain name registration;
        7. Australian trade mark prosecution and registration;
        8. invoicing services;
        9. creation and design of logos;
        10. provision of email accounts;
        11. virtual address services;
        12. website design and hosting services;
        13. referring you to third parties to obtain business insurance;
        14. such other services that we may provide from time to time; and
        15. the documents provided by us to you in connection with our Services, such as the corporate register and Constitution for your new company (Documents).
    2. If you do not agree with all of these Terms including our privacy policy at https://businessname.com.au/privacy, do not access or otherwise use this Website or the Services or any information or materials contained on the Website.
    3. Your use of the Website or the Services means you agree to abide by the Terms below.
  5. Your rights and obligations in respect of the Website

    1. You may view and download and/or print any of the content on the Website, including all text, graphics, images, information or any materials on the Website (Content) that we have expressly permitted may be printed or downloaded on your personal computer, laptop, smart phone, tablet, PDA or other similar device, to avail of our Services or for use in a personal and non-commercial capacity.
    2. You agree that you will not:
      1. alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Website or the Documents;
      2. modify or edit the Content or publish, sell or license the Content or the Documents, including, but not limited to, making the Content or Documents available on any other website;
      3. to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website;
      4. create any links from any other website to this Website without our express prior written permission;
      5. use any Content on the Website for any commercial purpose other than as permitted by us;
      6. use any robot, spider, other automatic device or manual process to monitor or copy any Content or Documents without our prior written consent;
      7. post to the Website or transmit to us any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit of destroy the functionality of any computer software or hardware;
      8. use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any other website designed or hosted by us or our agents;
      9. use the Services to send unsolicited emails or spam third parties; or
      10. take any action that imposes an unreasonable load on the Website's infrastructure.
    3. You are responsible for who has access to your Website account. You must keep your password and username to access the Website and to use the Services safe and secure. Do not disclose your passwords to third parties.
    4. If your contact details change, you are responsible for notifying us of such changes.
  6. Intellectual property

    1. All intellectual property rights in:
      1. all Content and other information included on this Website;
      2. the arrangement of the Content on the Website; and
      3. (c) the Documents (other than Government issued documents), are owned by us or our licensors.
    2. No duplication, public transmission, modification, deletion or reproduction of the Content may be made without our permission except for printing and storage for personal use or other specific use permitted under copyright law.
    3. Any use of the trade marks, logos or product names appearing on our Website, without permission from us or the relevant rights holder, is prohibited except where specific use is authorised under trade mark law or other laws.
    4. If we provide Documents to you pursuant to the Services, we grant you a non-exclusive, royalty free, non-transferable licence to use the Documents for your day-to-day business and related legal purposes and subject to these Terms. You must only use, copy, reproduce or transmit all or any part of the Documents for this purpose.
    5. You must not modify the Documents without our permission. You must not copy or permit a third party to copy any part of the Documents to create another company or business or for any other use outside of these Terms.
    6. You must not upload any materials through the Website, or use the Services, for purposes which are obscene, offensive, defamatory, discriminatory, inaccurate, fraudulent, misleading, unlawful, pornographic, promote violence, are hateful or which in any way infringe any third parties' rights, including their intellectual property rights and privacy rights or circumvent storage space limits.
  7. No professional advice

    1. The information provided on this Website is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the services referred to on, or made available through, this Website.
  8. The Services

    1. We provide the Services with all due care and skill consistent with industry standards. We do not give any advice as to the appropriateness or suitability of the Services for you.
    2. We do not give or claim to give legal, taxation or financial advice. It is solely your responsibility to ensure that the Services you obtain through this Website meet your requirements.
    3. If you are unsure about your requirements, you should contact the Australian Taxation Office (ATO), Australian Securities and Investment Commission (ASIC), .au Domain Registration Ltd (auDA), IP Australia or any other relevant regulatory or supervisory authority, your accountant, financial advisor or lawyer.
    4. By using our online registration applications, you warrant that the information you supply, including your declaration on submitting each application is, to the best of your knowledge, accurate, complete and up-to-date. It is an offence to provide false or misleading information to ASIC or the ATO. It is your responsibility to inform us of any changes to that information. You may do this by contacting us at https://businessname.com.au/contact.
    5. We may at any time request a form of identification to verify your identity or the identity of other relevant persons, such as proposed directors or partners, in connection with our Services.
    6. Neither we (nor any of our authorised representatives) will be liable for any charges or other damages or loss arising in connection with any incorrect information provided by you.
    7. We endeavour to begin working on your registration applications immediately after you have submitted them to us. For this purpose, you authorise us (through our business division honcho.com.au) or our nominated representative, as relevant, to act as:
      1. your registered tax agent on your behalf, in your application for an ABN, TFN or for GST and PAYG registration;
      2. your ASIC registered agent on your behalf, in your application for a Business Name or company registration or for the relevant renewals; and
      3. your agent in dealing with the domain name registrar in your application for a domain name.
    8. Submission of any application form through the Website does not guarantee that you will successfully obtain the requested registration.
    9. If your application needs to be reviewed manually by ASIC or the ATO, then this may delay the relevant registration or result in the registration not being successful.
    10. While we will try to overcome objections on your behalf for any application, we do not make any warranty or guarantee that we will be able to do so. If the response does not successfully overcome the objection, we will cancel your relevant application and refund your application fee, minus a reasonable service fee for our Services.
    11. An ABN must be obtained before a person can register for GST, secure a Business Name or register a domain name with the Top Level Domain (TLD) .com.au. If you do not obtain an ABN, then we may not be able to provide these services to you.
    12. Company names and Business Names

      1. Company and Business Name availability checks carried out via the relevant company or Business Name application form on the Website are dependent on the ASIC Check Name Availability register (ASIC Register). We are not responsible for any errors or omissions on the ASIC Register or if the ASIC Register or its system is experiencing technical issues, such as downtime or maintenance.
      2. We do not make any warranties as to the registrability of your company or Business Name.
      3. If your chosen company name or Business Name is not available to you, on carrying out the availability check via the application form, your application will not proceed using that company name or Business Name.
      4. We try to submit your application to ASIC as soon as possible after receipt of your application. If, for any reason, your chosen company name or Business Name is no longer available to you when we submit your application, we will notify you as soon as possible so that you can select a different company or Business Name. We are not liable for any direct or indirect loss, costs or damage incurred or suffered by you due to your chosen company name or Business Name not being available for registration.
      5. If the ASIC Register is not available for any reason, we can manually file your company or Business Name application. If we do so, we cannot check the ASIC Register to see if your company name or Business Name is available. If your chosen name is then unavailable you can either:
        1. choose another company name or Business Name; or
        2. obtain a full refund of your application fees from us, less a reasonable administration and handling fee (Administration Charge).
      6. If you do not make the election referred to in paragraph 27.(e) above, within 10 days of us notifying you that your company name or Business Name is unavailable, we will just provide you with the refund referred to in paragraph 27.1.(ii) .
      7. If your company registration or Business Name application requires manual review by ASIC, due to an issue with the chosen name, we may need further evidence of your right to use certain terms. If you do not provide the requested information within the relevant time period, as notified by us, then your Business Name or company registration application may be discontinued.
      8. Registration of a company name, Business Name or domain name (collectively and individually, Name) does not prevent third parties from:
        1. registering a trade mark identical or similar to your Name; or
        2. registering a company or business name, similar to your Name; or
        3. using an identical or similar name as an unregistered trade mark.
    13. ABN, GST, PAYG and TFN registration

      1. In order to use the TFN registration services, you must be:
        1. a company; and
        2. legally entitled to apply for a TFN.
      2. We endeavour to begin working on your registration application immediately after you have submitted it to us.
      3. We do not provide any advice relating to whether you need to apply for an ABN or TFN or register for GST or PAYG.
      4. If we cannot arrange for your ABN, GST or PAYG registration application to be processed by the ATO immediately through our electronic system, we will review your application and manually apply for such registration on your behalf.
      5. In certain circumstances, for a small number of clients, and based on the specifics of an individual's application, the ATO stipulates that we must wait up to 28 days from the date that the application is lodged before contacting it to resolve the issue.
      6. If your application is placed under review by the ATO, sometimes the ATO may notify you directly by post to the address listed in your application. This usually occurs within 14 days of the date that we file an application on your behalf.
      7. If your application is rejected by the ATO it may be for any number of reasons. These may include (but are not limited to):
        1. the information supplied does not match exactly with information the ATO has on record;the information supplied does not match exactly with information the ATO has on record;
        2. you have previously applied for, or currently have an ABN or TFN; or
        3. the ATO is experiencing system processing issues, such as system downtime or maintenance.
      8. If your application for an ABN is rejected by the ATO, we will contact you to discuss other options to establish your business. If you choose not to proceed, we will cancel your application and provide you with a full refund less the Administration Charge.
      9. If you apply for a Business Name and ABN together and if your ABN is refused, then we will cancel both your ABN and Business Name applications as you must have an ABN to successfully register a Business Name.
      10. We will advise you as soon as we have secured your ABN, TFN, GST or PAYG registration.
    14. Renewal services

      1. We will send you an automated notification (Renewal Notification) to renew any Business Names or ACNs registered through the Website or any other ASIC annual reviews or annual renewals prior to the relevant expiry date.
      2. The Renewal Notification will be sent to the email address or phone number notified by you to us.
      3. It is your responsibility to renew your Business Name and/or ACNs or to carry out your ASIC annual reviews and annual renewals. We are not liable for any loss or damage suffered by you due to your failure to renew or if you do not receive the Renewal Notification from us. We recommend that you also diarise your relevant renewal or review dates.
    15. Logo design

      1. Logos provided to you through the Website (Logos) are generated automatically through our system when you provide all requested information to us via the Website.
      2. All copyright in any amendments made by you to the Logo vests in you on creation of such amendments.
      3. You must only contribute your original work when you create or make amendments to the Logo through the Website.
      4. You must not make amendments to the Logo or create a new Logo using images or parts of images, slogans or quotes created by third parties, without their prior permission.
      5. We do not undertake any intellectual property due diligence of any Logos made available through the Website. We do not warrant that any Logos generated through the Website are original or that they do not infringe any third parties' intellectual property rights.
      6. Your use of any Logos created through the Website is at your own risk.
    16. Emails

      1. If the Services include the provision of professional email, which is provided by Google, then the following terms apply:
        1. You must register a domain through the Services to obtain the Google professional email service.
        2. You acknowledge that you have read and agree to be bound by Google's terms and its privacy policy with respect to the Google professional email service. Google's current Terms of Service is available at https://www.google.com.au/policies/terms/regional.html and its privacy policy is available at https://www.google.com.au/policies/privacy/.
        3. We will set up and provision the relevant address mailboxes (Address) for your email system in accordance with your instructions and will notify you when this has taken place. If you wish to add, remove or amend the details of any Address, please notify us. It may take up to 3 business days to process such requests.
        4. We do not provide data migration facilities and we are not responsible for or liable for any loss or damage suffered by you or any other person as a result of any data migration undertaken by you or on your behalf.
    17. Website design

      1. As part of our website design services, we will professionally design a website to your requirements.
      2. You are responsible for keeping a copy of any existing website which may be replaced by the website that we are designing through our Services (New Website) including any databases and hosted files on such websites.
      3. We retain ownership of all source code relating to your New Website.
      4. As with the Logo design, we do not undertake intellectual property due diligence with respect to the design of your New Website. We are not responsible for the content of any New Website.
      5. You must ensure that the New Website complies with all applicable laws and codes of practice in respect of the content of the New Website and the use of your New Website and related services. We are not responsible for your use of your New Website and your compliance with various legislation and regulations.
      6. If your website design contains open source third party applications, you must proactively monitor any available releases of upgrades and/or patches to secure your application from third party hackers or viruses.
      7. Unless you have selected to use our services to back up your Website, you are solely responsible for the backup of any data, websites or information, including email files, databases etc, which may be replaced pursuant to provision of our Services as a result of the publication of your New Website.
      8. You grant us a worldwide, royalty free, perpetual licence (with the right to sub-license) to use screen shots or depictions of your New Website or publish your New Website including any content from your New Website for marketing activities and to use any materials provided by you in connection with your New Website to deliver our Services to you.
    18. Domain name registration

      1. We are a domain name reseller of TPP Wholesale (Registrar).
      2. Once your domain name registration application is submitted by us to the Registrar, you cannot modify or alter your domain name application.
      3. Your eligibility for and registration and use of your domain name is subject to its availability and all terms and conditions of use of the relevant domain name authority (such as auDA) as well as the Registrar's terms which are available at http://tppwholesale.com.au. You must comply with such terms.
      4. If your selected domain name is refused, we will discuss your options with you, including applying for an alternative domain name.
      5. Subject to the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), we do not refund any fees if you do not meet obligations with respect to your domain name or if your domain name ceases to be registered for any reason.
      6. You irrevocably waive any claims that you may have against us with respect to any refusal by a domain name authority to register your domain name or relating to your domain name's deregistration by such authority.
      7. Registration of a domain name does not grant you legal rights of ownership in the relevant domain name.
      8. We are not obliged to renew any domain name on your behalf if you do not instruct us to do so.
      9. We are not responsible for your use of your domain name. Any dispute between you and a third party regarding any domain name must be resolved between the relevant parties and we do not take any part in such disputes.
    19. Website hosting

      1. You are responsible for archiving and backing up any data, including emails, relating to any website which is hosted by us or our agents on your behalf.
      2. The hosting services we provide only relate to materials required for the normal operation of your website.
      3. Our hosting services are subject to general usage and resource monitoring. You must not consume an unreasonable level of our resources resulting in the reduction in quality of hosting services that we can provide to our other custo
      4. We reserve the right to suspend, cease hosting or restrict the hosting services provided to you if we, acting reasonably, consider that your website has an unreasonable level of IP traffic or is consuming an unreasonable level of our resources.
    20. Invoicing

      1. You are responsible for the accuracy of your invoices and the timeliness of issuing invoices through the Services.
      2. Any purchases, payments or invoicing between you and your customers are solely between you. We are not a party to such transactions and we assume no liability or responsibility for any products or services offered by you or invoiced by you through the Services. Any disputes with respect to payments owed to you must be resolved between you and your customer.
    21. Virtual address

      1. You must have a current and valid ABN to use our virtual address service.
      2. You must only use the virtual address service for a bona fide and legal business activity.
      3. We may request further information from you at any time with respect to your business, including identification information relating to the officers of the company or the partners or sole trader operating your business.
      4. If you are overseas, we may require further information to support your application for a virtual address.
      5. We reserve the right to immediately terminate the virtual address service provided to you if we reasonably determine that your business activity is illegal or is likely to bring our address or business into disrepute.
      6. If the virtual address service is cancelled for any reason, we will provide reasonable notice to you where possible. We are not responsible for receipt or delivery of any correspondence received by us for you after such cancellation.
      7. The virtual address service is not appropriate for delivery of large, heavy or bulky items. We will accept and deliver letters and packages to you that are of a reasonable size and weight appropriate to delivery to a business address.
      8. We reserve the right to:
        1. reject any delivery made to our address; or
        2. refuse to deliver any goods to you,
        if the package or goods are not of a reasonable size and weight as reasonably determined by us.
      9. If we accept delivery of packages or goods which we reasonably deem to be of unreasonable size or weight, we will promptly notify you.
      10. Any deliveries which we do not deliver to you due to the size or weight of the package must be picked up within 7 days of our notification to you of our receipt of such packages, otherwise a storage charge of AUD$12 (plus GST) per day after the 7 day period will be automatically charged to you.
      11. If we do agree to deliver such packages to you, you will be liable to pay the delivery fee charged by our agent (which we will notify to you), plus a reasonable surcharge that will cover our administrative expenses, which is payable to us prior to the package being shipped to you. We will notify you in advance of the delivery fee and our surcharge before you incur any costs.
      12. As the delivery of your letters and packages is dependent on third parties, we are not responsible or liable for any lost or damaged deliveries to you unless the loss is a result of our negligence. If you have a complaint regarding any delivery or failed delivery to you, please contact the relevant postal or courier service. We will provide all reasonable assistance required.
      13. You understand and accept that our virtual address services will not operate in the event of any shutdown due to any public health order or mandatory stop work order.
    22. Australian Trade marks

      1. You agree to appoint us as your agent to engage a third party, Applied Marks Pty Limited (ABN 61 134 698 249) (Applied Marks) to be your address for service and to act on your behalf and to instruct them to deliver the trade mark prosecution services for your selected trade mark(s) (Trade Mark Services) directly to you.
      2. You consent to us providing your personal information (and, where relevant, you confirm that you have obtained the consent of any co-applicants for your selected trade mark(s) to provide their personal information) in connection with the Trade Mark Services to Applied Marks (or any other third party referred to you by Applied Marks) for the purpose of providing the Trade Mark Services to you.
      3. You acknowledge and agree that we do not provide the Trade Mark Services directly to you. We provide no warranties, express or implied, in connection with, nor are we responsible for any act or omission of Applied Marks in providing the Trade Mark Services to you.
      4. Your eligibility for and registration and use of your selected trade mark(s) is subject to:
        1. your selected trade mark(s)’ availability and registrability under the Trade Marks Act 1995 (Cth) and any other relevant legislation; and
        2. any terms and conditions of IP Australia.
      5. Neither we, nor Applied Marks, provide pre-application searches to check the availability of your selected trade mark for use and registration. If you wish to obtain such searches, you should obtain legal advice from a lawyer or trade marks attorney.
      6. If an application for a trade mark is not accepted by IP Australia for any reason, you will receive a written Examination Report from IP Australia (Examination Report) explaining the issues and the options to try overcome the objections, if any. Typically you will have 15 months to consider and respond to this report.
      7. If an Examination Report issues, Applied Marks will, through us, provide you with options to address the issues raised.
      8. You acknowledge and agree that:
        1. neither we nor Applied Marks is a law firm and neither of us provides legal advice to you in connection with the Trade Mark Services;
        2. you are responsible for obtaining legal advice relating to the availability for use and registration of your selected trade mark(s);
        3. you are responsible for selecting the relevant goods and services for your trade mark application and we do not provide any advice with respect to the correct goods or services for your trade mark application as part of our trade mark application fee. If required, you can, for an additional fee, obtain advice from Applied Marks directly (or through us) on goods or services for your trade mark application(s) on payment of a separate fee to Applied Marks, to be agreed with you;
        4. once a standard trade mark application has been filed with IP Australia, it is not possible to change the trade mark itself or expand on the goods or services covered by the trade mark application;
        5. filing a trade mark application, through the Trade Mark Services, may not result in successful registration of your selected trade mark(s);
        6. third parties may oppose your trade mark application or claim trade mark infringement or make other clams with respect to your use and registration of your selected trade mark(s);
        7. if you do not overcome issues raised in an Examination Report, within the relevant timeframe, or a third party successfully opposes the application for your selected trade mark(s), your trade mark application(s) will lapse;
        8. timeframes we provide for the performance of the Trade Mark Services are good faith estimates only. We will use reasonable endeavours to comply with such timeframes. You acknowledge that compliance with timeframes depends on a number of factors, including activities undertaken by third parties, such as Applied Marks, any other third party referred to you by Applied Marks and IP Australia;
        9. once registered, it is your responsibility to renew your trade mark registration at the appropriate time. We do not provide trade mark renewal services, nor do we advise clients when their trade marks are due for renewal. You should diarise the renewal date for your trade mark once it becomes registered;
        10. Honcho is not a law firm and does not, under any circumstances, provide legal advice regarding trade mark registrability, opposition, infringement or other related issues. It is your responsibility to obtain independent legal advice before seeking to file and register a trade mark through the Trade Mark Services;
        11. we are not liable for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption or indirect costs) suffered by you arising from, as a result of, or otherwise in connection with the Trade Mark Services (other than as a result of our breach of these Terms).
  9. Fees and charges

    1. Fees

      1. Our Services are usually paid as an upfront fee. Any subscription Services are subject to ongoing monthly or annual fees and charges, which are payable to us monthly or annually in advance as directed by us. We review such any Service fees on an annual basis.
      2. You are restricted to the registration of one domain name under any annual or monthly subscription plan. Any additional domain names can be applied for as an additional Service.
      3. Services, such as ABN registration, are subject to a one off fee which is payable to us. Unless otherwise specified in these Terms, such fees and charges must be paid by you on submission of the relevant application forms. Application forms will not be successfully submitted until you pay all relevant fees and charges.
      4. Unless otherwise stated, all fees and charges are in Australian dollars.
      5. The fees are inclusive of goods and services tax (GST) where ap
      6. If you do not pay any of your fees within the relevant period requested by us and after we inform you of any non payment, then without prejudice to our other rights, we reserve the right to restrict your access to any of our Services or downgrade your subscription level.
      7. We may provide some Services to you free of charge, at our discretion. We reserve the right to charge fees for any such Services at any later time, at our discretion.
      8. We will provide you with reasonable notice (at least 30 days' notice) in writing of any new fees or changes to existing fees prior to commencing charging such fees. Your continued use of such Services will constitute your acceptance of such amendments to our fees.
      9. If you do not agree to our new or amended fees, then you must notify us in writing of such, within 10 days of the date that we issue a notification to you relating to a change in our fees. You will then be entitled to terminate your subscription or any future Services without penalty and receive a refund of any fees paid in advance.
    2. Refunds

      1. You may terminate these Terms in the event that we have committed a material breach of our obligations under these Terms.
      2. Our Services come with guarantees that cannot be excluded under the ACL.
      3. For major failures with our Services or a minor failure that cannot be fixed within a reasonable time, you have the right to cancel the Services you receive from us, if the Services are:
        1. provided with an unacceptable level of care and skill;
        2. unfit for the purpose you asked for; or
        3. not delivered within a reasonable time when there is no agreed end date.
      4. If you cancel the Services for the reasons outlined in paragraph 39.(c) above, we will provide you with a refund of your fee in the same form as your original payment, in accordance with these Terms.
      5. To the extent permitted by law, including the ACL, we do not otherwise provide any refund of fees paid in connection with the Services except as stated in these Terms, including:
        1. if you notify us that you would like to withdraw your application before we have initiated the registration process. In such circumstances, we may provide you with a full refund less the Administration Charge. However, as our services are automated and synchronise in real time with the relevant Commonwealth government agency, we generally commence our Services as soon as you complete your application and pay the relevant application fee. The decision whether to provide you with a refund under such circumstances is at our own discretion, acting reasonably; or
        2. if an ABN application has been submitted and put on hold and not issued and you then want to withdraw your application, we may provide you with a refund of the ABN application fee, excluding a reasonable charge for the use of our Services.
      6. You acknowledge and agree that all trade mark fees paid by you to us for the Trade Mark Services are payable in advance and, subject to the ACL or any other breach of these Terms or negligence by us, non-refundable. To the extent permitted by law, a refund of your fees is not available if:
        1. you are unable to overcome issues raised in an Examination Report issues in respect of your trade mark application; or
        2. a third party opposes your trade mark application; or
        3. a third party opposes your trade mark application; or
        4. you do not wish to proceed with your trade mark application for any other reason after the application has been filed with IP Australia.
      7. If your pay fees monthly or annually in advance, depending on your subscription level, then we will assess the relevant refund due to you pursuant to paragraph 39.(e), if any.
      8. If we receive any refund from ASIC or IP Australia with respect to any charges paid by you, we will notify you immediately and will refund such money to your chosen account as soon as possible.
      9. We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.
    3. Renewal fees

      1. For renewals (other than trade mark renewals), we will send you a notification when renewal is due and will notify you of the relevant renewal fees. Upon receipt, you may choose to renew or cancel the Service.
      2. Renewal fees can be paid to us either via the Website or by phone.
    4. Referral fees

      1. From time to time, we may receive referral fees from third party partners to whom we introduce customers. Depending on the Services you select, we may receive referral fees from Applied Marks Pty Ltd and Service Seeking Pty Ltd.
      2. Any such referral fees are independent of our relationship with you.
      3. If we receive any referral fees, we do not disclose to you the fact that we receive such fees, the amount of such fees or any other details relating to such referral fees.
      4. Any payment of referral fees to us for any reason will not, in any circumstances, result in any discount or rebate being applied to the fees that we charge to you for the Services.
  10. Other parties' products and services

    1. If you use our Services with any third parties' products of services, such as a third party hosting service provider, then we are not responsible for any loss arising from or in connection with such use of third party products or services. We do not warrant that any of the Services are interoperable or are compatible with any such third parties' products or services.
  11. Accuracy of information

    1. We are providing this Website, the Content, the Documents and the Services on an “as is” basis. While we try to keep the information on the Website as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from this Website, the Documents or the results obtained from using this Website.
  12. Availability of the Website

    1. While we try to ensure that the Website, including the Content, functionality, performance and features are available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
    2. We will use reasonable efforts (but do not guarantee) to provide advance notice, to our registered users, by email (to the email address on our records) of any scheduled unavailability of the Website or any of our Services, for maintenance, updating or any other reason. We are unable to provide advance notice of any unscheduled unavailability of the Website or where urgent repairs or patches are required.
    3. We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond our control.
  13. Privacy

    1. Our Privacy Policy, which forms part of these Terms, applies to any personal information collected by us from users of our Services and the Website.
    2. As set out in our Privacy Policy, we may disclose your personal information overseas.
    3. Overseas recipients of your personal information are not subject to Australian law, including the Privacy Act 1998 (Cth) (Privacy Act) and the Australian Privacy Principles. The laws applying to such overseas recipients, including our subsidiary in the Philippines may differ from Australian laws and may apply a greater or lesser standard of protection for your personal information.
    4. By accepting these Terms, you:
      1. consent to the disclosure by us, of your personal information overseas in accordance with our Privacy Policy, including to our subsidiary in the Philippines; and
      2. acknowledge that we will not be accountable under the Privacy Act for such disclosure and that you will not be able to seek redress under the Privacy Act.
  14. Indemnity

    1. You indemnify us (including our officers, directors, agents, subsidiaries and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, your breach of any third party's intellectual property rights in respect of the Logo or your New Website, or your infringement of any law or the rights of a third party in the course of using our Services, including in relation to any insurance obtained by you through the Services, your registration and use of an ABN, Business Name, company name, domain name, trade mark, ACN or any tax registration obtained by you via the Services, any Logo created by you or the New Website. Your obligation to indemnify us is reduced to the extent any such loss is due to the negligence or breach of these Terms by us.
  15. Limitation of liability

    1. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
      1. we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
      2. all implied conditions, guarantees, warranties and rights are excluded.
    2. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, the Documents, this Website and the Services (other than as a result of a breach of these Terms by us). Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the ACL (namely, to supplying the Services again, or the payment of the cost of having the Services supplied again).
    3. To the extent permitted by law in no event will Business Switch Pty Ltd, its related bodies corporate, its officers, employees, agents, suppliers:
      1. be liable for any indirect, special, or consequential loss or damage however caused; and
      2. the aggregate liability of Business Switch Pty Ltd, its related bodies corporate, its officers, employees, agents, suppliers will be limited to the supply of services, or the cost of supplying the services again.
    4. You are responsible for ensuring that your Business Name, domain name, trade mark, Logo or company name applied for or registered through the Services and the content of your New Website does not infringe any third party's registered trade mark or breach the ACL or amount to passing off with respect to a third party's rights. We are not liable to you or to any third party in connection with any claims in respect of breach of any legislation or common law rights relating to your registration and use of the Business Name, Logo, company name, trade mark or domain name applied for or registered through the Services or the New Website.
  16. Third Party Sites

    1. We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).
    2. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such Third Party Sites.
    3. Any link to a Third Party Site does not imply that:
      1. the Third Party Site is in any way affiliated with us;
      2. the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or
      3. we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.
    4. We take no responsibility for any Third Party Site accessed via the Website. Nor do we make any representations, warranties or undertakings in respect of the content available on or through any Third Party Site.
    5. If you decide to link to a Third Party Site, you leave our Website at your own risk.
  17. Termination

    1. We reserve the right to immediately terminate your access to all or any part of this Website, the Content, the Documents or the Services if you commit a material breach of these Terms and fail to remedy any such breach within a reasonable time after we provide notice to you of the breach.
    2. We may otherwise terminate your access to this Website, the Content, the Documents or the Services upon reasonable notice, which will not be less than 30 days.
    3. You may terminate the Services as between us and you at any time by providing us with not less than 30 days’ prior notice in writing.
  18. Modification to Terms

    1. We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion. Any such amendments are effective upon being published on this Website or as otherwise notified.
    2. You are responsible for reviewing these Terms regularly. Continued use of this Website and our Services after any such amendments constitutes your consent to such amendments.
    3. If you do not agree to any amendments to the Terms or any of our policies, then you may terminate the Services between us and you, by providing us with 14 days’ notice in writing – by emailing us at https://honcho.zendesk.com/hc/en-us stating the reason for your termination. In any such circumstance, you will receive a pro rata refund of any fees you have paid in advance.
  19. General

    1. These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
    2. If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.
    3. These Terms record the entire agreement between you and us in relation to your use of this Website, the Content, the Documents and the Services.
Last updated September 2021

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