Terms and Conditions
Accessing this website
- this website http://honcho.com.au (Website) provided by Business Switch Pty Ltd (ABN 83 134 235 304) trading as honcho.com.au (we, us, our or Honcho); and
- the services provided through the Website (Services), namely:
- Australian Business Number (ABN) registration;
- Australian Business Name (Business Name) registration and renewal;
- Australian company registration, business formation and renewal;
- GST, tax file number (TFN) and PAYG registration;
- Quarterly Business Activity Statement (BAS) lodgement;
- ASIC annual renewals and annual reviews;
- domain name registration;
- Australian trade mark prosecution and registration;
- invoicing services;
- cloud storage;
- creation and design of logos;
- provision of email accounts;
- virtual address services;
- website design and hosting services;
- opening of bank accounts;
- referring you to third parties to obtain business insurance; and
- such other services that we may provide from time to time;
- the documents provided by us to you in connection with our Services, such as the corporate register and Constitution for your new company (Documents).
- The Services that will be provided to you through this Website depend on the level of subscription selected by you. The Website provides further information on which Services are available for each subscription level.
- 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
- 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.
- You agree that you will not:
- alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person on the Website or the Documents;
- 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;
- to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website;
- create any links from any other website to this Website without our express prior written permission;
- use any Content on the Website for any commercial purpose other than as permitted by us;
- use any robot, spider, other automatic device or manual process to monitor or copy any Content or Documents without our prior written consent;
- 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;
- 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;
- use the Services to send unsolicited emails or spam third parties; or
- take any action that imposes an unreasonable load on the Website's infrastructure.
- 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.
- If your contact details change, you are responsible for notifying us of such changes.
- All intellectual property rights in:
- all Content and other information included on this Website;
- the arrangement of the Content on the Website; and
- the Documents (other than Government issued documents), are owned by us or our licensors.
- 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.
- Any use of the trade marks, logos or product names appearing on our Website, without permission from us or the relevant rights holder, is prohibited except where specific use is authorised under trade mark law or other laws.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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 http://honcho.com.au/contact.
- 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.
- 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.
- This Website aims to provide you with clear and succinct information. However, if you misinterpret such information, we are not liable in any way for any such misinterpretation. Please contact us if you need to clarify something.
- 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:
- your registered tax agent on your behalf, in your application for an ABN, TFN or for GST and PAYG registration or BAS lodgements;
- your ASIC registered agent on your behalf, in your application for a Business Name or company registration or for the relevant renewals; and
- your agent in dealing with the domain name registrar in your application for a domain name.
- Submission of any application form through the Website does not guarantee that you will successfully obtain the requested registration.
- 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.
- If your application or BAS lodgement filed by us, is rejected or queried by ASIC or the ATO for any reason, we will contact ASIC or the ATO, as relevant, on your behalf and attempt to resolve any application problems that may have arisen. We will then advise you of the reason that your application has been rejected and offer possible solutions where it is practicable to do so.
- While we will try to overcome objections on your behalf, 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 in full.
- 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.
- As part of our registered tax agent services, we will communicate with the ATO on your behalf to process your application or BAS lodgement.
Company names and Business Names
- 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.
- We do not make any warranties as to the registrability of your company or Business Name.
- 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.
- 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.
- 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:
- choose another company name or Business Name; or
- obtain a full refund of your application fees from us, less a $44.85 administration and handling fee (Administration Charge).
- If you do not make the election referred to in paragraph 5(m)(v) 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 5(m)(v)(B).
- 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.
- Registration of a company name, Business Name or domain name (collectively and individually, Name) does not prevent third parties from:
- registering a trade mark identical or similar to your Name; or
- registering a company or business name, similar to your Name; or
- using an identical or similar name as an unregistered trade mark.
ABN, GST, PAYG and TFN registration and BAS lodgements
- In order to use the TFN registration services, you must be:
- a company; and
- legally entitled to apply for a TFN.
- We endeavour to begin working on your registration application immediately after you have submitted it to us.
- We do not provide any advice relating to whether you need to apply for an ABN or TFN or register for GST or PAYG.
- 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.
- 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.
- 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.
- If your application is rejected by the ATO it may be for any number of reasons. These may include (but are not limited to):
- the information supplied does not match exactly with information the ATO has on record;
- you have previously applied for, or currently have an ABN or TFN; or
- the ATO is experiencing system processing issues, such as system downtime or maintenance.
- 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.
- 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.
- We will advise you as soon as we have secured your ABN, TFN, GST or PAYG registration.
- The Website provides you with notifications when your BAS lodgement is due. You should also separately diarise when your BAS lodgements are due.
- Any BAS lodgements filed by us with the ATO, on your behalf, are lodged in accordance with your instructions, using information provided by you.
- We do not advise on the content of your BAS lodgement. You are responsible for ensuring that your lodgement is accurate and is filed with the ATO in a timely manner.
- Renewal services
- 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.
- The Renewal Notification will be sent to the email address or phone number notified by you to us.
- 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.
- We have collaborated with Australia and New Zealand Banking Group Limited ABN 11 005 357 522 (AFSL No. 238277) (ANZ) to assist you with setting up your bank account with ANZ.
- We do not make any warranties as to whether your application to ANZ for a bank account will be successful.
- We are not responsible or liable in any way for your application for and use of your ANZ bank account.
- Your application for and use of your ANZ bank account is subject to ANZ's terms and conditions and all relevant laws. By applying for an ANZ bank account through the Website, you acknowledge that you have read and agree to be bound by such ANZ terms and conditions relating to your bank account as notified to you by ANZ. Please contact your ANZ representative if you have any queries regarding ANZ's terms and conditions.
- The Honcho service is provided by Business Switch Pty Ltd ABN 83 134 235 304 (trading as honcho.com.au). ANZ Business Accounts are provided by Australia and New Zealand Banking Group Limited (ANZ) ABN 11 005 357522 (AFSL No. 238277). Honcho and ANZ are separate legal entities. ANZ does not have any liability to you in respect of the Honcho service; any information, product or service offered by any third party on or through the Honcho service website; or any other services provided by Honcho. Similarly, Honcho does not have any liability to you in respect of services provided by ANZ.
- When you make an application for an ANZ bank account, you consent and authorize are authorizing us to send to ANZ your name, contact details and ABN. ANZ will collect your personal information to enable them to facilitate your application for an ANZ bank account. Without this information, ANZ may not be able to process your application.
- 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.
- All copyright in any amendments made by you to the Logo vests in you on creation of such amendments.
- You must only contribute your original work when you create or make amendments to the Logo through the Website.
- 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.
- 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.
- Your use of any Logos created through the Website is at your own risk.
- You retain ownership of any documents, emails, files or other materials (Your Materials) stored by you on our cloud storage system through the Website. We do not have any rights to Your Materials, other than to allow us to provide our Services to you.
- You are not permitted to store more than 1GB of Your Materials through our Services. If you do store more than 1GB, we reserve the right to charge additional fees for this service. This Service is not a complete document storage solution for your business.
- In order to provide you with the cloud storage services, you acknowledge that we need to access, scan and store Your Materials to allow us to provide you with functionality such as hosting, back up, sharing with third parties, searching, document organisation, previews and editing.
- You should also back up Your Materials externally from our system. We are not responsible for any loss or damage suffered by you in connection with the loss of or damage to any of Your Materials.
- If your subscription level includes the provision of professional email, which is provided by Google, then the following terms apply.
- You must register a domain through the Services to obtain the Google professional email service.
- 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.
- You are only permitted to have one Address at any time.
- 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.
- You may design a basic website home page through our website design service available on our Website. If you require a more comprehensive website design service, we will refer you to our third party contractors and you will be subject to their terms and conditions with respect to the design of your new website.
- You are responsible for keeping a copy of any existing website which may be replaced by the website that you are designing through our Services (New Website) including any databases and hosted files on such websites.
- We retain ownership of all source code relating to your New Website where you create your New Website using our website design facility on our Website.
- 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.
- 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.
- 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.
- You are solely responsible for the backup of any data, websites or information, including email files, databases etc, which may be replaced pursuant to the provision of our Services as a result of the publication of your New Website.
- You grant us a worldwide, royalty free, perpetual licence (with the right to sublicense) 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.
Domain name registration
- We are a domain name reseller of TPP Wholesale (Registrar).
- Once your domain name registration application is submitted by us to the Registrar, you cannot modify or alter your domain name application.
- 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 www.tppwholesale.com.au. You must comply with such terms.
- If your selected domain name is refused, we will discuss your options with you, including applying for an alternative domain name.
- 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.
- 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.
- Registration of a domain name does not grant you legal rights of ownership in the relevant domain name.
- We are not obliged to renew any domain name on your behalf if you do not instruct us to do so.
- 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.
- 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.
- The hosting services we provide only relate to materials required for the normal operation of your website.
- 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.
- 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.
- You are responsible for the accuracy of your invoices and the timeliness of issuing invoices through the Services.
- 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.
- You may elect to utilise our virtual address service depending on your subscription level.
- You must have a current and valid ABN to use our virtual address service.
- You must only use the virtual address service for a bona fide and legal business activity.
- 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.
- If you are overseas, we may require further information to support your application for a virtual address.
- We reserve the right to immediately terminate the virtual address service provided to you if we deem that your business activity is unacceptable, illegal or is likely to bring our address or business into disrepute.
- If the virtual address service is cancelled for any reason, we are not responsible for receipt or delivery of any correspondence received by us for you after such cancellation.
- We accept and deliver letters and packages to you that we deem to be of a reasonable size and weight.
- We reserve the right to:
- reject any delivery made to our address; or
- refuse to deliver any goods to you, if we deem the goods or the package(s) to be of an unreasonable size or weight.
- If we accept delivery of packages or goods which we deem to be of unreasonable size or weight, we will promptly notify you.
- 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.
- 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 surcharge of 30% of such fee, which is payable to us prior to the package being shipped to you.
- 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. If you have a complaint regarding any delivery or failed delivery to you, please contact the relevant postal or courier service.
Australian Trade marks
- You agree to appoint us as your agent to act on your behalf and to deliver the trade mark prosecution services for your selected trade mark(s) (Trade Mark Services) directly to you.
- You consent to provide us your personal information (and, where relevant, you confirm that you have obtained the consent of any co-applicants for your selected trade mark(s) to provide their personal information) in connection with the Trade Mark Services for the purpose of providing the Trade Mark Services to you.
- We provide no warranties, express or implied, in connection with the Trade Mark Services, nor are we responsible for any act or omission providing the Trade Mark Services to you.
- Your eligibility for and registration and use of your selected trade mark(s) is subject to:
- your selected trade mark(s') availability and registrability under the Trade Marks Act 1995 (Cth) and any other relevant legislation; and
- any terms and conditions of IP Australia.
- We do not provide pre-application searches to check the availability of your selected trade mark for use and registration. If you wish to obtain such searches, you should obtain legal advice from a lawyer or trade marks attorney.
- If an application for a trade mark is not accepted by IP Australia for any reason, you will receive a written Examination Report from IP Australia (Examination Report) explaining the issues and the options to try overcome the objections, if any. Typically you will have 15 months to consider and respond to this report.
- If an Examination Report issues we will provide you with options to address the issues raised.
- You acknowledge and agree that:
- we are not a law firm and do not provide legal advice to you in connection with the Trade Mark Services;
- you are responsible for obtaining legal advice relating to the availability for use and registration of your selected trade mark(s);
- you are responsible for selecting the relevant goods and services for your trade mark application and we do not provide any advice with respect to the correct goods or services for your trade mark application as part of our trade mark application fee. If required, you can obtain advice from a legal advisor directly on goods or services for your trade mark application(s);
- once a standard trade mark application has been filed with IP Australia, it is not possible to change the trade mark itself or expand on the goods or services covered by the trade mark application;
- filing a trade mark application, through the Trade Mark Services, may not result in successful registration of your selected trade mark(s);
- third parties may oppose your trade mark application or claim trade mark infringement or make other clams with respect to your use and registration of your selected trade mark(s);
- if you do not overcome issues raised in an Examination Report, within the relevant timeframe, or a third party successfully opposes the application for your selected trade mark(s), your trade mark application(s) will lapse.
- Timeframes we provide for the performance of the Trade Mark Services are good faith estimates only. We will use reasonable endeavours to comply with such timeframes. You acknowledge that compliance with timeframes depends on a number of factors, including activities undertaken by IP Australia.
- Once registered, it is your responsibility to renew your trade mark registration at the appropriate time. We do not provide trade mark renewal services, nor do we advise clients when their trade marks are due for renewal. You should diarise the renewal date for your trade mark once it becomes registered.
- Honcho is not a law firm and does not, under any circumstances, provide legal advice regarding trade mark registrability, opposition, infringement or other related issues. It is your responsibility to obtain independent legal advice before seeking to file and register a trade mark through the Trade Mark Services.
- We are not liable for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss of profit, loss of corruption of data, business interruption or indirect costs) suffered by you arising from, as a result of, or otherwise in connection with the Trade Mark Services (other than as a result of our breach of these Terms).
- We have collaborated with Evari Insure Pty. Ltd (ABN 49 615 973 487) (AFSL No. 494857) (Evari) to assist you to obtain insurance quotations from Evari and, if approved by Evari, to obtain business insurance through it. Evari acts as a coverholder on behalf of certain underwriters at Allied World, who provide the relevant insurance.
- We do not make any warranties or guarantees as to whether your business insurance application with Evari will be successful as its eligibility criteria and terms and conditions will apply.
- Included on the Website is the Evari insurance calculator tool (Evari Calculator) to enable you to obtain an insurance quotation for an Evari product. We take no responsibility for the Evari Calculator or the calculations.
- If you decide to proceed with obtaining insurance from Evari then you can use the link available on the Website. Any link to Evari’s website from the Sites or availability of other contact details for Evari (such a phone numbers) through the Services means that you will be taken to Evari’s website or call centre as relevant, to make your insurance application and payment. Evari will issue the insurance policy directly to you via your email address once you have completed the application process.
- any factual information including the Evari Calculator or advertisements on the Website relating to Evari and its insurance products and services are provided by Evari. We are not responsible for such information, nor do we warrant that such information is accurate, complete or up to date.
- We are not responsible or liable in any way for:
- your application for insurance made to Evari;
- your insurance policy, if issued by Evari;
- your compliance with any insurance policy issued; or
- the provision by Evari or Allied World or any services to you.
- Your application for insurance through Evari and the terms of such insurance, if granted, are subject to Evari’s product disclosure statement, terms and conditions and all relevant laws.
- All insurance obtained through the Services is provided by Allied World through Evari. Neither Evari nor Allied World are connected to us or related bodies corporate of Honcho.
- When you make an application for business insurance through the Services, you consent and authorise us to send to Evari your name, contact details and ABN (and, where relevant, you confirm that you have obtained the consent of any co-applicants for insurance to us provide their personal information). Evari will collect your personal information to enable them to facilitate your application for business insurance. Without this information, may not be able to process your application.
Fees and charges
- Our subscriptions and 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 fees on an annual basis.
- 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 through the A La Carte Start Up system.
- Where stated, certain A La Carte Start Up 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.
- Unless otherwise stated, all fees and charges are in Australian dollars.
- The fees are inclusive of goods and services tax (GST) where applicable.
- If you do not pay any of your fees within the relevant period requested by us, without prejudice to our other rights, we reserve the right to restrict your access to any of our Services or downgrade your subscription level, without further notice to you.
- 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 time, at our discretion.
- We will provide you with reasonable notice (at least 14 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.
- If you do not agree to our new or amended fees, then you must notify us of such, within 10 days of the date that we issue a notification to you relating to a change in our fees. We will then immediately terminate the provision of such Services to you.
- Our Services come with guarantees that cannot be excluded under the ACL.
- If you have a major problem with our Services or a minor problem that cannot be fixed within a reasonable time, you have the right to cancel the Services you receive from us, if the Services are:
- provided with an unacceptable level of care and skill;
- unfit for the purpose you asked for; or
- not delivered within a reasonable time when there is no agreed end date.
- If you cancel the Services for the reasons outlined in paragraph 6(b)(ii) above, we will provide you with a refund of your fee in the same form as your original payment, in accordance with these Terms.
- 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:
- 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
- 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 partial refund of 50% of the ABN application fee, at our discretion.
- You acknowledge and agree that all trade mark fees paid by you to us for the Trade Mark Services are payable in advance and, subject to the ACL, non-refundable. To the extent permitted by law, a refund of your fees is not possible if:
- you are unable to overcome issues raised in an Examination Report issues in respect of your trade mark application; or
- a third party opposes your trade mark application; or
- your trade mark application lapses or is withdrawn for any reason; or
- you do not wish to proceed with your trade mark application for any other reason after the application has been filed with IP Australia.
- If your pay fees monthly or annually in advance, depending on your subscription level, then we will assess the relevant refund due to you pursuant to paragraph 6(b)(iv), if any.
- 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.
- We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Terms.
- For renewals (other than trade mark renewals):
- if you are an existing client, we will send you a notification when renewal is due and will notify you of the relevant renewal fees depending on your subscription level; or
- if you are a new client and request that we attend to any renewal on your behalf, we will notify you of the relevant fees on receipt of your request.
- Renewal fees can be paid to us either via the Website or by phone.
- From time to time, we may receive referral fees from third party partners to whom we introduce customers.
- Any such referral fees are independent of our relationship with you.
- If we receive any referral fees, we do not disclose to you the fact that we receive such fees, the amount of such fees or any other details relating to such referral fees.
- 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
- 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
- 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 and 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
- 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.
- 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.
- We may suspend your access to the Website without prior notice due to maintenance, system failure, repair or any other reason beyond our control.
- In order to verify any ANZ discount package entitlements you consent to the disclosure by us of your ABN to ANZ.
- Overseas recipients of your personal information are not subject to Australian law, including the Privacy Act 1998 (Cth) (Privacy Act) and the Australian Privacy Principles. The laws applying to such overseas recipients, including our subsidiary in the Philippines may differ from Australian laws and may apply a greater or lesser standard of protection for your personal information.
- By accepting these Terms, you:
- 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.
- 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 bank account or insurance obtained by you through the Services, your registration and use of an ABN, Business Name, company name, domain name, trade mark, ACN or any tax registration obtained by you or BAS lodgement filed via the Services, any Logo created by you or the New Website.
Limitation of liability
- Your use of this Website and our Services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any Content available on or through this Website or the Documents and in respect of the uploading, storage and use of Your Materials via our Website cloud storage solution.
- 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:
- we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
- all implied conditions, guarantees, warranties and rights are excluded.
- 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, Your Materials, 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).
- Subject to the provisions of paragraphs 12(b)and 12(c) of these Terms and despite any implication arising from any other provisions of these Terms, we are not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any direct or indirect loss, costs or damages that you incur or are liable for in connection with your use of this Website, the Services, Your Materials, the Documents or the Content, including but not limited to:
- any loss or claim relating to your registration and use of any registration obtained through the Website or the Services;
- any claims, including intellectual property claims, relating to any New Website or Logo designed for you by us or our agents or hosted by us or our agents; or
- if caused by any computer virus including a virus passed from this Website to your computer or other device or any third party computer, or loss of online connection to this Website, the Services, the Content, or Your Materials, or interruption to access to this Website, the Services, the Documents, the Content or Your Materials.
- You are responsible for ensuring that your Business Name, domain name, trade mark, Logo or company name applied for or registered through the Services and the content of your New Website does not infringe any third party's registered trade mark or breach the ACL or amount to passing off with respect to a third party's rights. We are not liable to you or to any third party in connection with any claims in respect of breach of any legislation or common law rights relating to your registration and use of the Business Name, Logo, company name, trade mark or domain name applied for or registered through the Services or the New Website.
- Any reliance you place on, or any act done based on or in response to, the Content, the Documents or this Website will be at your own risk.
Third Party Sites
- We may provide links to other websites which are not under our control or maintained by us (Third Party Sites).
- 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.
- Any link to a Third Party Site does not imply that:
- the Third Party Site is in any way affiliated with us;
- the Third Party Site is legally authorised to use our trade marks, trade names, logos or copyright; or
- we are legally authorised to use the trade marks, trade names, logos or copyright of the Third Party Site.
- 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.
- If you decide to link to a Third Party Site, you leave our Website at your own risk.
- 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 breach any of these Terms
- 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 7 days.
- You may terminate these Terms as between us and you at any time by providing us with not less than 30 days’ prior notice in writing.
- On termination or expiration of the Services in their entirety, or the cloud storage aspect of our Services, for any reason, we may provide you with limited access to Your Materials which were stored on our cloud storage system up to the date of termination or expiration. You may not add new materials to our system from the date of termination or expiration.
- You may export Your Materials after the date of termination or expiration for a reasonable period of time, but no longer than 6 months from the date of expiration or termination (Access Period). We will notify you if the Access Period will be shorter than 6 months.
- Once you have exported Your Materials in accordance with paragraph 14(e) or the Access Period has expired, you will not be permitted to access our cloud storage system and we reserve the right to delete all copies of Your Materials held on our cloud storage system.
Modification to Terms
- We may amend these Terms and any of our other policies relating to the Website, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified.
- 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.
- 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 http://honcho.com.au/contact, stating the reason for your termination.
- These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State.
- 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.
- 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 21 August 2019.