Terms and Conditions

Important Information

Is any liability excluded under these Terms?

Yes. In addition to offering its own proprietary services, Honcho may also act as a gateway between third parties for the services that they supply and you. Due to this and in such circumstances, you as a 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 61 to 65 of the Terms.

Definitions

"AI Services" means any artificial intelligence, machine learning, automation, language model, data processing, recommendation, verification, analytical or generative technology, functionality or feature made available by Honcho as part of the Services.

"AI Outputs" means any content, response, recommendation, analysis, summary, document, workflow result, insight, prediction or other output generated, produced or assisted by AI Services.

"Customer Data" means all information, data, documents, records, prompts, instructions, materials and content submitted, uploaded, entered, transmitted or otherwise made available by or on behalf of the Customer in connection with the Services.

"Aggregated Data" means data, insights, analytics, metrics or information derived from Customer Data or use of the Services that has been combined with other data and does not identify the Customer, any individual or any confidential information.

"Derived Data" means data, analytics, learnings, models, trends, patterns, statistical outputs, metadata or insights generated or inferred from Customer Data, platform usage, workflows or operation of the Services.

"De-identified Data" means information that has been processed so that the identity of an individual or entity cannot reasonably be identified or re-identified.

"Verification Information" means any identity, business, beneficial ownership, AML/CTF, sanctions, fraud prevention, compliance or verification-related information, documentation or data collected, processed or obtained in connection with the Services.

Do you receive any referral fees?

Yes we do. We may 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
BizCover Pty Ltd
DesignCrowd Pty Ltd

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.

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) excluding any services provided by a third party which are accessible by links from our Website which will be subject to the terms and conditions on the third party site;
  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. a referral service to obtain business insurance, legal services, logo design, accounting software and office equipment from third parties;
    15. bookkeeping services;
    16. AI tools;
    17. virtual phone services;
    18. such other services that we may provide from time to time; and
    19. 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://honcho.com.au/privacy-policy, 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.
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, 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 or 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.
  11. scrape, harvest or systematically extract Outputs or data from the Services.
  12. use the Services or Outputs to develop, train or improve competing AI systems.
  13. upload unlawful, infringing or confidential third-party material.
  14. engage in phishing, spam, malware distribution or fraudulent activity.
  15. misuse AI-enabled systems or automation systems.
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.
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. 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 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.
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.
1. AI Services and Operational Intelligence
  13.1 Honcho may use AI systems, machine learning systems, recommendation systems, behavioural analytics systems, fraud detection systems, verification systems and automation technologies in connection with the Services.
  13.2 AI Outputs may contain inaccuracies, incomplete information, hallucinated content or non-unique outputs.
  13.3 AI Outputs are provided for informational and operational assistance purposes only and do not constitute legal, financial, accounting, taxation, compliance, risk-management or other professional advice.
  13.4 You remain solely responsible for decisions, actions or omissions arising from use of the Services made using Outputs.
  13.5 Honcho does not owe fiduciary duties, advisory duties or professional duties in relation to the Services or any Outputs.
  13.6 Honcho may use interaction data, operational data and Customer Data to improve, optimise and support AI-enabled systems.
  13.7 Honcho may use Aggregated Data, Derived Data and De-identified Data for benchmarking, analytics, recommendation systems, operational insights and commercial intelligence purposes.
  13.8 The functionality, features, underlying models and capabilities of AI-enabled systems may change, evolve or be modified over time without notice.
  13.9 Honcho may monitor, restrict, suspend or disable access to AI-enabled features where reasonably necessary for security, fraud prevention, system integrity, legal or regulatory compliance, operational risk management or prevention of misuse.
  13.10 Honcho owns all right, title and interest in Aggregated Data, Derived Data and De-identified Data generated through operation or use of the Services.
1. KYC / AML / Verification
  14.1 Honcho may undertake identity verification, Know Your Customer (KYC), fraud prevention, sanctions screening, politically exposed person (PEP) screening and AML/CTF compliance procedures.
  14.2 Honcho may request identification documents, beneficial ownership information and other Verification Information reasonably required for compliance, security or operational purposes.
  14.3 You must provide accurate, complete and up-to-date information requested by Honcho and promptly notify Honcho of material changes to verification information.
  14.4 Honcho may use third-party verification, screening, analytics and compliance providers in connection with the Services.
  14.5 Honcho may monitor accounts, transactions, workflows and activity for fraud prevention, security, AML/CTF compliance and operational risk-management purposes.
  14.6 Honcho may suspend, restrict, delay or refuse Services where verification cannot be completed, misleading or false information is supplied, suspicious activity is detected, sanctions concerns arise or Honcho reasonably considers operational, security or regulatory risk exists.
  14.7 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.
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.
The Services
1. We provide the Services with all due care and skill consistent with industry standards.
2. 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.
3. Honcho may modify Services, AI systems, methodologies, operational workflows, recommendation systems, analytics systems and third-party providers and may suspend or discontinue features from time to time.
4. 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.
5. 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://honcho.com.au/contact-us.
6. 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.
7. 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.
8. 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.
9. Submission of any application form through the Website does not guarantee that you will successfully obtain the requested registration.
10. 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.
11. 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.
12. 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.
13. 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 28.(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 28.(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.
  9. We can cancel a Business Name registration you hold if you authorise us to do so. Before cancelling your Business Name registration, we will need to be recorded as your ASIC agent (which we will arrange).
  10. If the application to cancel your Business Name is rejected, we will identify the reason for rejection, notify you of the rejection and await your further instructions.
  11. If you authorise us to cancel your Business Name, we are not liable for any loss or damage suffered by you due to the cancellation of your Business Name.
14. ABN, GST, PAYG and TFN registration and cancellation
  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.
  11. If your business has been sold, closed down, has changed its structure or is no longer operating in Australia (or making supplies in connection with Australia), you should cancel your ABN. We can cancel your ABN on your behalf. Before cancelling your ABN, we will need to be recorded as your business' registered tax agent (which we will arrange).
  12. Before cancelling your ABN, you must ensure that all lodgment, reporting and payment obligations in respect of the government agencies your business deals with have been addressed, for example, the business may be required to lodge activity statements or PAYG withholding reports with the ATO.
  13. Cancelling your ABN will result in:
    1. the following additional registrations being cancelled automatically: GST, PAYG, Luxury Car Tax and Wine Equalisation Tax registrations. Any Fuel Tax Credits attached to the ABN will also be cancelled.
    2. The cancellation of any login credentials that any representatives of your business hold which may prevent the representatives from using government online services.
  14. If the application to cancel your ABN is rejected, we will identify the reason for the rejection, notify you of the rejection and wait your further instructions.
  15. If you authorise us to cancel your ABN, we are not liable for any loss or damage suffered by you due to the cancellation of your ABN (and the automatic cancellation of any associated registrations).
15. 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.
16. 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.
17. Emails
  1. If the Services include the provision of professional email, then the following terms apply:
    1. You must register a domain through the Services to obtain the Microsoft professional email service. You acknowledge that you have read and agree to be bound by Microsoft's terms and its privacy policy with respect to the Microsoft professional email service. Microsoft's current Terms of Use is available at Microsoft Terms of Use and its privacy policy is available at Microsoft Privacy Statement.
    2. If you have registered a domain through the Services previously to use the Google professional email service, 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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);
    6. third parties may oppose your trademark application or claim trademark infringement or make other claims 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).
24. 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 48 (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.
25. 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 (including but not limited to text and images), except where we indicate otherwise.
  3. Text created using the Instant Website Platform is generated by AI. You acknowledge that the text which is generated may not be unique or accurate and other users of the Instant Website Platform may create a website which displays the same or similar text.
  4. 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.
  5. Photo Images may be provided by Unsplash. Where photo Images from Unsplash are displayed on Your Website, you are required to attribute Unsplash and the photographer in close proximity to the photo eg "Photo by [photographer's name] on Unsplash". Photo Images must not be used in a manner which could reasonably be deemed offensive or derogatory, including in connection with adult orientated services, dating services, gambling services, tobacco and vaping products or in connection with content which is pornographic, unlawful, racist, offensive or obscene or defamatory.
  6. You are not permitted to use the Images outside of Your Website or 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, in printed material (such as brochures or banners), on billboards or to incorporate the Images into trade marks or on merchandise (such as clothing, caps, umbrellas, calendars, mugs or mouse mats).
  7. You are not permitted to use any Images as a trade mark (ie to distinguish your goods and services from those of other businesses) or to seek trade mark protection for any trade mark which includes or incorporates any Image which is available on the Instant Website Platform.
  8. 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.
  9. Text which is generated using the Instant Website Platform (not Images) may be used outside of Your Website and in marketing campaigns.
  10. You may use the Instant Website Platform for a trial period of 30 days 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. 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 (1 month).
  11. The subscription fee is the fee for your use of the Instant Website Platform and the associated hosting services.
  12. You will then be sent a tax invoice before the end of each subsequent subscription period.
  13. 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 (including but not limited to ensuring that Your Website content is not misleading or deceptive). We are not responsible for your use of Your Website and your compliance with various legislation and regulations.
  14. We will back-up Your Website routinely on a daily basis during the Trial Period and during the duration of the subscription period.
  15. 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 48 (Refunds).
  16. 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.
  17. 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.
  18. 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.
  19. Should you fail to comply with these terms and conditions, we may cancel your trial period or subscription in accordance with clause 72 (Termination) below.
26. Third-Party AI Tools and Generative Services
  1. We use OpenAI to provide the AI Services, which are available on our Website. Your use of the AI Services is also subject to OpenAI's Terms of Use, which are available here: https://openai.com/policies/terms-of-use.
  2. The AI Services are currently provided at no cost to registered users of our Services.
  3. The AI Services may change from time to time.
  4. You must be aged 18 and over to use the AI Services.
  5. You are granted a limited, revocable, non-exclusive, non-sublicensable and non-transferable licence to use the AI Services.
  6. You must not use the AI Services to generate, upload or disseminate any content that:
    1. is slanderous, illegal, vulgar, promotes hate, harassment or incites violence;
    2. proposes or promotes actions that breach local, state, national, or international laws;
    3. contains malware, ransomware or viruses;
    4. aids or encourages scams or phishing;
    5. misuses personal information;
    6. is false, misleading or deceptive; or
    7. infringes or misappropriates the intellectual property rights or any other rights of any third party.
  7. You are responsible for the data you input using the AI Services (Inputs). The outputs generated in response to the Inputs (Outputs) are based on your Inputs. You acknowledge that the generated Outputs may not be unique and other users of the AI Services may generate the same or similar outputs.
  8. In accordance with OpenAI's Terms of Use, you are the owner of your Outputs.
  9. OpenAI may use any data you input for model training and improving its AI Services.
  10. Do not input confidential or private information or any personal information that you do not have the right to input into the AI service when using the AI Services or create Outputs which contain confidential or private information or data related to individuals who are minors.
  11. Please be aware that the AI Services harness generative artificial intelligence – a technology that is still advancing. As such, Honcho's AI Services are provided "as is", without any guarantee that the Outputs will be accurate, exhaustive, free of errors, or suited for specific requirements. It is your responsibility to confirm the veracity of information or to modify information to suit your purposes.
  12. The AI Services are for reference use only and the Outputs do not constitute professional advice. Always consult a professional.
27. Virtual Phone Services
  1. We use Twilio as our service provider for Honcho's virtual phone services (which comprise call forwarding services).
  2. To register a virtual phone number, you must provide us with your personal details including your name, email, address and the phone number to which calls will be forwarded, as well as the details of the credit card which will be used to pay the subscription fee. This information will be submitted to Twilio for the purpose of setting up and maintaining the phone service.
  3. You are responsible for your obligations under Twilio's Terms https://www.twilio.com/en-us/legal/tos.
  4. Payment of your account balance is due monthly. Your monthly payment will depend upon the plan and service you have selected. Late or non-payment may cause termination of your account. If the credit card details are not valid or the account is terminated because of non-payment, our customer service team may contact you by phone or email.
  5. We reserve the right to suspend your account if:
    1. instructed to do so by a governmental, regulatory or law enforcement agency;
    2. you fail to comply with any law or regulation related to your use of the virtual phone services, including, but not limited to, data protection and telecommunication laws and regulations (including but not limited to spam and Do Not Call Register requirements).
  6. You may request to terminate your account by providing us with 30 days' prior written notice. No refunds will be provided unless in accordance with clause 48 (Refunds). You will be responsible for the payment of any outstanding fees for services provided up to the termination date.
28. Bookkeeping
  1. Honcho offers professional bookkeeping services to individuals and businesses in Australia as a licensed tax agent. These services include, but are not limited to, the provision of third-party software to assist with financial record-keeping, bank reconciliation, financial statement preparation and tax compliance assistance. Our bookkeeping services are provided as a subscription Service. You are responsible for downloading and keeping copies of all reports or other records you generate using the services as you will cease to have access to your records on termination of your subscription.
  2. You may use the bookkeeping services for a trial period of 30 days at no cost to you (Trial Period). To use the bookkeeping services, 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 bookkeeping plan you have selected.
  3. The bookkeeping services may require the setup of automatic data feeds from your bank into a third party accounting software file. If so, you will be notified of this requirement.
  4. You agree to provide accurate and complete financial information necessary for our bookkeeping services. You are responsible for the accuracy of the data you provide, and we will rely on this information to perform our bookkeeping duties.
  5. We understand the sensitivity of financial information. Honcho is committed to maintaining the confidentiality and privacy of your financial data. We will not disclose your financial information to third parties without your consent, except as required by law.
  6. You will be invoiced monthly for the bookkeeping services. Toward the end of each subscription period, we will send you an email notification with a tax 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.
  7. Either party may terminate the bookkeeping services by providing 30 days' written notice to the other party. Upon termination, you will be responsible for payment of any outstanding fees for services provided up to the termination date. No refund will be provided unless in accordance with clause 48 (Refunds).
  8. If you wish to cancel your subscription, you will no longer be able to access your records from the date the termination takes effect (unless you have downloaded copies to your own computer or device).
  9. Honcho will perform its services with a high degree of professionalism and care. However, we are not responsible for any losses or damages resulting from errors or omissions in your financial records or advice provided, unless such losses or damages result directly from our negligence or wilful misconduct.
29. Company Compliance
  1. Honcho offers Company Compliance services to Australian companies as part of our ongoing support. These services include appointing us as your ASIC registered agent, unlimited ASIC filings, company annual renewal, and coverage of ASIC review fees. We will also manage company changes such as changes to the registered or principal address, appointment or resignation of officeholders, changes to share structure, updates to shareholder details, and the issue or transfer of shares. Our Company Compliance services are offered as a subscription service. You are responsible for keeping copies of all relevant ASIC documents and confirmations, as access to these records may no longer be available upon cancellation of your subscription.
  2. You may use the Company Compliance service for a trial period of 30 days at no cost to you (Trial Period). To activate the service, you will need to provide your company details and payment method. We will notify you shortly before the end of the Trial Period. If you do not cancel before the end of the Trial Period, your nominated payment method will be charged the monthly fee of $69.
  3. This is a no-commitment subscription and can be cancelled at any time. To cancel, you must notify us by sending a request to support@honcho.com or by calling us before your next billing date to avoid further charges.
  4. You are responsible for the accuracy of the data you provide, and we will rely on this information to perform our duties.
  5. No refunds will be provided for unused portions of a billing period. Your access to the service and associated filings will cease upon cancellation.
30. Registered Office Address Service
  1. Honcho provides a Registered Office Address service for individuals or companies who require a reliable and secure location to receive official government correspondence.
  2. This service is suitable for customers with a temporary or unreliable residential address, customers concerned about mail security, or customers who prefer to keep their residential address private.
  3. As part of the Registered Office Address service:
    1. we receive government correspondence on your behalf; and
    2. we scan and forward such correspondence to you by email.
  4. The Registered Office Address service is provided as a monthly subscription service for a fee of AUD $9 per month and includes a 30-day free trial period.
  5. To activate the Registered Office Address service:
    1. the service must be selected during the online registration process;
    2. you must provide a valid payment method; and
    3. if you do not cancel the service before the expiry of the trial period, your nominated payment method will automatically be charged the applicable monthly subscription fee.
  6. This is a no-commitment subscription service and may be cancelled at any time by contacting us at support@honcho.com or by calling us before your next billing date to avoid further charges.
  7. No refunds will be provided for any portion of a billing period already used, except where required by law, including under the Australian Consumer Law.
  8. Upon cancellation of the Registered Office Address service, access to the service and any associated document forwarding services will cease.
1. Business Centre
  46A. General
  46A.1 The Business Centre is a dashboard through which you may, among other things: (a) view and manage Documents, business records and Customer Data; (b) track the progress of your registrations, applications and other tasks; (c) activate, purchase or upgrade Services made available by Honcho from time to time; (d) connect Linked Accounts; (e) access Smart Tools; and (f) where applicable, manage more than one business from a single account.
  46A.2 The Business Centre may present checklists, progress indicators or suggested next steps. These are provided as general guidance only, based on the limited information available to us, and are not a complete or authoritative assessment of your business, its legal or regulatory compliance, or its prospects of success. You remain solely responsible for determining what steps are necessary or appropriate for your business.
  46A.3 Not all features of the Business Centre are available to all customers or on all plans. We may offer a Service or Smart Tool on a free, trial, limited-use or paid basis, and may change the availability, scope, pricing or free-use allowance of any feature at any time in accordance with clause 47 (Fees) and clause 18.
  46A.4 We may add, remove, rebrand, modify, suspend or discontinue the Business Centre, or any feature, tool or integration within it, at any time without liability to you, except as otherwise set out in these Terms.
  46A.5 Where your account is used to manage more than one business, you are responsible for maintaining appropriate access and separation between them, and each business remains separately subject to these Terms in respect of the Services provided to it. We are not liable for any loss arising from how you manage access across multiple businesses on a single account.
  46B. Smart Tools
  46B.1 Smart Tools use AI Services to generate suggestions, insights, benchmarks, checklists, matches, drafts or other AI Outputs having regard to Customer Data, including your stated or inferred industry, business type, location, financial information or other data connected to your account.
  46B.2 Clause 13 (AI Services and Operational Intelligence) applies to all Smart Tools and to all AI Outputs generated through the Business Centre.
  46B.3 Regardless of how a Smart Tool or its output is named, labelled or marketed, no Smart Tool or AI Output constitutes legal, financial, taxation, accounting, credit, insurance or other professional or personalised advice, and no Smart Tool creates a professional relationship (including a solicitor-client or advisory relationship) between you and Honcho. Clauses 15 and 17 apply.
  46B.4 Any figures, benchmarks, matches, estimates or comparisons generated by a Smart Tool are indicative only, may draw on incomplete, delayed, estimated or third-party data, and are not guaranteed to be accurate, current, exhaustive or applicable to your circumstances. Where a Smart Tool identifies a potential third-party product, offer, grant or funding opportunity, eligibility and availability are determined solely by the relevant third party. We do not guarantee any particular commercial, financial, regulatory or other outcome from your use of a Smart Tool.
  46B.5 You must independently verify, and exercise your own judgment before relying or acting on, any output of a Smart Tool particularly before making any financial, legal, tax, compliance or other material decision.
  46B.6 Smart Tools may rely on third-party artificial intelligence systems, datasets, APIs, information sources or other technology. The availability and performance of a Smart Tool may therefore depend on matters outside our reasonable control.
  46C. Documents, Linked Accounts and Account Security
  The following applies to your use of the Business Centre to store Documents, connect a Linked Account, and manage your account and security settings:
  46C.1 Some Documents and status information in the Business Centre may be sourced from, or link to, a government or third-party register, while other records (such as business or asset details) rely on what you enter yourself. We do not warrant the accuracy, currency or completeness of any of this, and you should keep your own copies of anything important.
  46C.2 Connecting a Linked Account is done using third-party account information or data-sharing services and is also subject to that third party's terms. Honcho is not a bank, credit provider or deposit-taking institution and does not provide banking or credit facilities.
  46C.3 Information shown about a Linked Account may be delayed, cached or incomplete and must not be relied on instead of your own bank records. Nothing in the Business Centre is financial product advice, credit assistance, or a recommendation about any account or facility.
  46C.4 You may disconnect a Linked Account at any time. We are not responsible for the availability, accuracy or security of any third-party service used to connect or display information about a Linked Account.
  46C.5 You must register an account and create Security Credentials (which may include a password, one-time passcode, authenticator app code or passkey) to use the Business Centre. You are solely responsible for keeping your Security Credentials secure and for all activity on your account, whether or not authorised by you, except to the extent caused by our negligence.
  46C.6 We recommend enabling any additional authentication method we make available. Doing so reduces, but does not eliminate, the risk of unauthorised access to your account.
  46C.7 If you lose or suspect compromise of any Security Credential, you must notify us as soon as reasonably practicable. We may require identity verification before restoring access to your account, and we do not guarantee that any such request will succeed or be completed within a particular timeframe.
  46C.8 To the maximum extent permitted by law, we are not liable for any loss arising from your loss or misuse of a Security Credential, a delay in or unsuccessful account recovery, access gained by anyone using valid Security Credentials, or the failure of any third-party authentication or account-linking service.
  46C.9 We may suspend, restrict or terminate access to your Business Centre account, or any feature within it, where we reasonably suspect unauthorised access, fraud, misuse or a breach of these Terms.
  46C.10 On cancellation or termination of your account, access to your Documents, Customer Data and Linked Accounts may cease, and we may delete records after any period we consider necessary for legal or record-keeping purposes. Download and keep your own copies before cancelling.
  46C.11 Any communication with Honcho through the Business Centre, including messaging or phone contact with our team, is provided for customer service purposes only, does not constitute legal, financial or other professional advice, and may be recorded or monitored for training, quality, security or compliance purposes.
  46C.12 Clauses 36 (Invoicing), 61 to 65 (Indemnity and Limitation of liability) and 71 (Cybersecurity and Operational Monitoring) also apply to your use of the Business Centre.
  46D. Subscriptions and Free-Use Allowances
  46D.1 Certain Smart Tools may be made available as part of a paid subscription plan. Your plan determines which Smart Tools you can access, and whether access to a particular Smart Tool is unlimited, subject to a free-use allowance, or requires an upgraded or paid plan.
  46D.2 We may make individual Smart Tools available on differing terms from time to time, including a limited number of free uses, a free introductory period, or no cost at all. These arrangements may differ between Smart Tools and may change at any time.
  46D.3 Any free-use allowance, free period or free-of-charge basis referred to on the Website, within the Business Centre, or in any marketing material, is indicative only and may be limited, varied, reduced, extended or withdrawn by us at any time, including in respect of your existing account or subscription, and including after you have already made use of a Smart Tool on that basis. We do not guarantee that any Smart Tool will remain free, or will continue to offer the same free-use allowance or free period, in the future.
  46D.4 We determine, in our discretion, what constitutes a single "use" of a Smart Tool for the purposes of any free-use allowance, and may change how usage is calculated, tracked or reset at any time.
  46D.5 Once you have exhausted an applicable free-use allowance, or a free introductory period has ended, continued access to that Smart Tool may require an active paid subscription or plan, and, if you have provided payment details, your payment method may be charged the applicable fee unless you cancel beforehand.
  46D.6 Where a subscription plan for the Business Centre or a Smart Tool is offered with a trial period, clauses 39(b) to (f) apply to that trial and subscription with any necessary changes, including that we will notify you before the trial ends and, unless you cancel before it ends, your nominated payment method will be charged the applicable subscription fee.
  46D.7 You may cancel a Business Centre subscription at any time through your account settings. Unless clause 48 (Refunds) applies, no refund will be provided for any part of a subscription period already commenced, and your cancellation will take effect at the end of the then-current billing period.
  46D.8 Clause 47 (Fees) applies to fees for Business Centre subscriptions and plans. For the avoidance of doubt, a change to, or withdrawal of, a free-use allowance or free introductory period under clause 46D.3 is not a change to an existing fee for the purposes of clause 47(h); however, we will act reasonably in how and when we communicate such changes to affected customers.
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 applicable.
  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 47.(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 trademark fees paid by you to us for the Trademark 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 trademark application; or
    2. a third party opposes your trademark application; or
    3. your trademark application lapses or is withdrawn for any reason; or
    4. you do not wish to proceed with your trademark application for any other reason after the application has been filed with IP Australia.
  7. If you 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 47.(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 trademark 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, BizCover Pty Ltd, DesignCrowd Pty Ltd.
  2. Any such referral fees are independent of our relationship with you.
  3. If we receive any referral fees, we are not required to disclose the amount or commercial terms of any referral fees unless required by law.
  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.
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.
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.
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.
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. If we hold your consent, we will use your personal information to send you:
  1. monthly business update emails to assist with the operation of your business, for example, to provide details of when your registrations are due for renewal; and
  2. marketing messages by email [and SMS].
  If you no longer wish to receive these messages, you may unsubscribe at any time by following the unsubscribe instructions in the message.
3. Honcho may disclose personal information to overseas service providers and technology providers in accordance with the Privacy Policy.
4. 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, being our authorised overseas contractors who provide services including but not limited to business registration, website design and development, domain and email registration, managing and updating of records, and various other services, may differ from Australian laws and may apply a greater or lesser standard of protection for your personal information. Where required by applicable law, Honcho will take reasonable steps to ensure overseas recipients handle personal information in a manner broadly consistent with Australian privacy obligations.
5. By accepting these Terms, you:
  1. consent to the disclosure by us, of your personal information overseas in accordance with our Privacy Policy; 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.
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, trademark, ACN or any tax registration obtained by you via the Services, any Logo created by you or the New Website or your use of the Plan and Productivity Tool. 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.
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, trademark, 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 trademark 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, trademark or domain name applied for or registered through the Services or the New Website.
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 trademarks, trade names, logos or copyright; or
  3. we are legally authorised to use the trademarks, 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.
1. Cybersecurity and Operational Monitoring
  71.1 Internet-based services involve inherent cybersecurity, operational and system-availability risks and Honcho does not warrant that the Services will be uninterrupted, secure or error-free at all times.
  71.2 Users are responsible for maintaining the security and confidentiality of account credentials and implementing reasonable device, network and endpoint security practices.
  71.3 Honcho may undertake operational monitoring, logging, analytics, observability, fraud detection and security-review activities to maintain platform integrity, operational security, regulatory compliance and service performance.
  71.4 Honcho may investigate suspected security incidents, unauthorised access, fraud, misuse or unlawful activity and may suspend, restrict or disable access to the Services where reasonably necessary to protect users, systems or operational integrity.
  71.5 Users must promptly notify Honcho of suspected unauthorised access, credential compromise, security incidents or misuse relating to the Services.
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.
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 support@honcho.com 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.
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: 16 September 2026

Terms and Conditions

Important Information

Is any liability excluded under these Terms?

Definitions

Do you receive any referral fees?

Will any of the Services be automatically renewed?

Accessing this website

Your rights and obligations in respect of the Website

Intellectual property

AI Services and Operational Intelligence

KYC / AML / Verification

No professional advice

The Services

Company names and Business Names

ABN, GST, PAYG and TFN registration and cancellation

Renewal services

Logo design

Emails

Website design

Domain name registration

Website hosting

Invoicing

Virtual address

Australian Trademarks

Business Strategy, Project Management and Productivity Tools

Instant Website Platform

Third-Party AI Tools and Generative Services

Virtual Phone Services

Bookkeeping

Company Compliance

Registered Office Address Service

Business Centre

46A. General

46B. Smart Tools

46C. Documents, Linked Accounts and Account Security

46D. Subscriptions and Free-Use Allowances

Fees and charges

Fees

Refunds

Renewal fees

Referral fees

Other parties' products and services

Accuracy of information

Availability of the Website

Privacy

Indemnity

Limitation of liability

Third Party Sites

Cybersecurity and Operational Monitoring

Termination

Modification to Terms

General