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 clauses 53 to 56 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 trademark 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. business strategy, project management and productivity tools;
         14. referring you to third parties to obtain business insurance;
         15. such other services that we may provide from time to time; and
         16. 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

   4. 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.
   5. You agree that you will not:
      1. alter or remove any copyright, trademark 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.
   6. 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.
   7. If your contact details change, you are responsible for notifying us of such changes.

6. Intellectual property

   8. 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. the Documents (other than Government issued documents), are owned by us or our licensors.
   9. 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.
   10. Any use of the trademarks, 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 trademark law or other laws.
   11. 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.
   12. 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.
   13. 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

   14. 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

   15. We provide the Services with all due care and skill consistent with industry standards.
   16. We do not give any advice as to the appropriateness or suitability of the Services for you. 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.
   17. 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.
   18. 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.
   19. 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.
   20. 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.
   21. 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.
   22. Submission of any application form through the Website does not guarantee that you will successfully obtain the requested registration.
   23. 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.
   24. 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.
   25. 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.

   26. 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 26.(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 26.(e).(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 trademark 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 trademark.

   27. 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;
          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.

   28. 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.

   29. 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.

   30. 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 Google Terms of Service and its privacy policy is available at Google Privacy Policy
          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.

   31. 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.

   32. 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 https://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.

   33. 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 customers.
       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.

   34. 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.

   35. 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.

   36. Australian Trademarks

       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 trademark prosecution services for your selected trademark(s) (Trademark 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 trademark(s) to provide their personal information) in connection with the Trademark Services to Applied Marks (or any other third party referred to you by Applied Marks) for the purpose of providing the Trademark Services to you.
       3. You acknowledge and agree that we do not provide the Trademark 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 Trademark Services to you.
       4. Your eligibility for and registration and use of your selected trademark(s) is subject to:
          1. your selected trademark(s)’ availability and registrability under the Trademarks 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 trademark for use and registration. If you wish to obtain such searches, you should obtain legal advice from a lawyer or trademarks attorney.
       6. If an application for a trademark 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 Trademark Services;
          2. you are responsible for obtaining legal advice relating to the availability for use and registration of your selected trademark(s);
          3. you are responsible for selecting the relevant goods and services for your trademark application and we do not provide any advice with respect to the correct goods or services for your trademark application as part of our trademark 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 trademark application(s) on payment of a separate fee to Applied Marks, to be agreed with you;
          4. once a standard trademark application has been filed with IP Australia, it is not possible to change the trademark itself or expand on the goods or services covered by the trademark application;
          5. filing a trademark application, through the Trademark Services, may not result in successful registration of your selected trademark(s);z
          6. third parties may oppose your trademark application or claim trademark infringement or make other clams with respect to your use and registration of your selected trademark(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 trademark(s), your trademark application(s) will lapse;
          8. timeframes we provide for the performance of the Trademark 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 trademark registration at the appropriate time. We do not provide trademark renewal services, nor do we advise clients when their trademarks are due for renewal. You should diarise the renewal date for your trademark once it becomes registered;
          10. Honcho is not a law firm and does not, under any circumstances, provide legal advice regarding trademark registrability, opposition, infringement or other related issues. It is your responsibility to obtain independent legal advice before seeking to file and register a trademark through the Trademark 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 Trademark Services (other than as a result of our breach of these Terms).

   37. Business Strategy, Project Management and Productivity Tools

       1. Our business strategy, project management and productivity tools which are available at Starting.com.au (Plan and Productivity Tool) are provided as a subscription Service.
       2. You may use the Plan and Productivity Tool for a trial period of seven days at no cost to you (Trial Period). To use the Plan and Productivity Tool, you will need to create an account and provide your credit card details. We will send you an email shortly before the end of the Trial Period to let you know that the Trial Period is coming to an end. If at the end of the Trial Period you have not cancelled your subscription, your credit card will be charged the subscription fee for the period you have selected (monthly or yearly).
       3. One subscription includes use of the Plan and Productivity Tool by a maximum of five users.
       4. Documents you create using the Plan and Productivity Tool may be downloaded to your computer or device.
       5. Towards the end of each subscription period, we will send you an email notification with an invoice attached for the relevant period. Unless the subscription is cancelled before the end of the subscription period, your subscription will be renewed using the credit card details you have provided.
       6. You may cancel your subscription at any time by cancelling your subscription in ‘My Plan’. No refund will be provided unless in accordance with clause 40 (Refunds).
       7. If you cancel your subscription, the records you create using the Plan and Productivity Tool will be retained by us for at least 12 months after the date of cancellation unless you request us to delete the records in the meantime. Following expiry of the 12 month period after the date of cancellation, your records will be deleted and we will not be able to provide you with copies.

   38. Instant Website Platform

       1. Our Instant Website Platform, which is provided as a subscription Service, enables you to create your own website (Your Website).
       2. We do not undertake intellectual property due diligence with respect to Your Website. We are not responsible for any content on Your Website, except where we indicate otherwise.
       3. We have made some photos, images, icons and buttons (Images) available on the Instant Website Platform for you to use on Your Website. We grant you a non-exclusive, royalty free, revocable, non-transferable licence to use the Images on Your Website. You are not permitted to use the Images for any other purpose, including but not limited to use of the Images for promotional and advertising purposes (including in digital campaigns), in social media or on billboards.
       4. You may use the Instant Website Platform for a trial period of 3 months at no cost to you (Trial Period). To use the Instant Website Platform, you will need to create an account and provide your credit card details. Thirty days before the end of the Trial Period, we will send you a notification so that you may opt-out of the Trial Period or continue with the subscription Service when the Trial Period ends. If at the end of the Trial Period you have not cancelled your subscription, you will be sent a tax invoice for the subscription fee and your credit card will be charged the subscription fee for the subscription period (12 months).
       5. The subscription fee is the fee for your use of the Instant Website Platform and the associated hosting services.
       6. You will then be sent a tax invoice before the end of each subsequent subscription period.
       7. You may upload and use your own images (Own Images) on Your Website. You warrant that you hold all intellectual property rights in your Own Images (or are otherwise licensed to use your Own Images) and that the incorporation and display of your Own Images on Your Website will not infringe the intellectual property or other rights of any third party.
       8. Your must ensure that Your Website complies with all applicable laws and codes of practice in respect of the content of Your Website and the use of Your Website and related services. We are not responsible for your use of Your Website and your compliance with various legislation and regulations.
       9. We will back-up Your Website routinely on a daily basis during the Trial Period and during the duration of the subscription period.
       10. You may cancel your subscription at any time by cancelling your subscription in your account. No refund will be provided unless in accordance with clause 40 (Refunds).
       11. If you cancel the subscription, we will stop hosting Your Website and it will no longer be visible to visitors or search engines (although we will still hold a record of the most recent version of Your Website for at least one month following the date of cancellation). After this time, the records of Your Website may be deleted. Your licence to use the Images will terminate and you will not be able to use the Images in respect of any future or replacement website or in any marketing or promotional material unless you have obtained our prior written consent to the continued use of the Images after the cancellation of the subscription.
       12. You grant us a worldwide, royalty-free, perpetual licence (with the right to sub-licence) to use screen-shots or depictions of Your Website or publish Your Website including any content from Your Website for marketing activities and to use any materials provided by you in connection with Your Website to deliver our Services to you.
       13. We may, from time to time, offer premium and bonus services in connection with the Instant Website Platform, which will be subject to additional fees and terms and conditions.