Tailored Legal Documents Backup March_29_2017

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Tailored Legal Documents

BUSINESS

Advice in relation to Confidentiality Agreement $350 + GST
Deed of Confidentiality / Non-Disclosure Agreement $700 + GST
Website Terms & Conditions / Terms of Trade $1,400 + GST
Website Privacy Policy $350 + GST
Waiver / Disclaimer $375 + GST
Referral Agreement / Affiliate Agreement $1,200 + GST
Distribution Agreement $1,200 + GST

WORKPLACE

Standard Employment Contract (full time or part-time) $1,200 + GST
Executive Employment Contract $1,700 + GST
Standard Variation of Employment Letter $500+GST
Warning Letter $500 + GST
Written Notice of Termination of Employment $500 + GST
Performance Improvement Plan $500 + GST
Standard Independent Contractor’s Agreement $1,200 + GST
Standard Consultancy Agreement $1,200 + GST
Workplace Deed of Release / Separation Agreement $900 + GS

INTELLECTUAL PROPERTY

Trade Mark Application (no headstart) $650 + GST (+Gov’t charges)
Trade Mark Application (with headstart) $850 + GST (+Gov’t charges)
Transfer of Ownership of Trade Mark $350 + GST
IP Licence Agreement $900 + GST
Cease & Desist Letter $750 + GST

STRUCTURE

Shareholders Agreement $1,850 + GST
Partnership Agreement $1,850 + GST
Joint Venture Agreement $1,850 + GST

LITIGATION / DISPUTE RESOLUTION

Letter of Demand (basic, for simple debt) $350 + GST
Response to Letter of Demand (incl advice) $600 + GST
Statement of claim (basic, for simple debt) $800 + GST
Statutory demand $800 + GST

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Terms & Conditions

Your Ts and Cs are your contract with your clients or customers.
They are the basic foundation of your offer of goods and services.
Essential for any business, they set out a whole host of responsibilities, promises, what you are responsible for and what you’re not.
If you don’t have Ts and Cs tailored to your business, then if you were ever taken to Court, you’d have a difficult time proving that you’re in the right, as the Tribunals and Courts heavily favour the consumer.

Privacy Policy

A privacy policy is mandatory for certain businesses and highly advisable for all other businesses.
It must clearly set out a number of factors like what information is collected, how and where it is stored, complaints mechanism, what is done with that information etc.

Waiver/Disclaimer

Waivers and disclaimers are used heavily in business to limit the rights that the other party has to sue your business.
They’re especially useful to point out the “big ticket” items that could lead to a business-ending piece of litigation against you.
They can spell out exactly what you’re not responsible for and that they can’t sue you.
You commonly see waivers that you must sign before you see a Doctor or health professional, but they can also be used in general business or a disclaimer that they don’t need to necessarily sign but it’s there in “flashing lights” so to speak so they can’t argue that they never agreed to that or “didn’t read the fine print”.
They have saved many a business from either business-ending Court litigation or extremely expensive litigation which would have put them out of business anyway from a cost perspective.

Referral Agreement / Affiliate Agreement

Referral Agreements are extremely handy to have in writing so that they spell out exactly what “referral partners” or affiliates need to do to be entitled to a commission or monetary incentive
So that both parties know exactly what the deal is, it’s highly recommended to get all the expectations, requirements, definitions, procedure, limit your liability, potentially consider an indemnity if they expose your business to risk and various other factors so that the goal posts are clearly planted.
Like all agreements, it’s best to have them in writing so that it will reduce the chance of a dispute because of a misunderstanding or miscommunication or even non-communication about certain key or important factors.

Employment Contract

If you don’t document your agreement with your employees, you’re asking for trouble.
The law heavily favours employees in this area and if you want to have restraints of trade post employment, specific termination provisions, notice periods, performance requirements, some confidential information and intellectual property provisions, you must have these in writing.

Independent Contractor’s Agreement

Because these are not employees, you need to have an agreement that protects the business against independent contractors breaching good faith duties that are normally reserved just for employees.
It needs to be spelt out exactly what they are delivering for the services that you’re receiving, how monies are paid, invoices, GST, confidentiality, ownership of intellectual property etc, otherwise it might be considered to be theirs and not yours. Like a supply agreement, these 3rd party agreements are crucial to get right and set in stone to avoid uncertainty or misunderstanding which usually leads to a dispute that can be costly and distracting.

Trade Mark Application

A trade mark is essentially whatever you use in the market to distinguish your goods and services from another business.
It could be your business name, logo, tag-line, slap-line, by-line, product name etc.
By registering this intellectual property with IP Australia, it allows you to use these rights as a shield or a sword.
You can stop others from confusing the market with something similar e.g. similar name, logo or tag-line.
It also prevents someone from applying to register and stop you from using it as well.

Non-Disclosure Agreement / Confidentiality Agreement

An NDA or CA is a great way to protect confidential information in a legally binding document.
It can stop people from using that confidential information in any way other than specified and can stop them from further disclosure to anyone other than specified also.
Patentable inventions, confidential client information and any other private information e.g. financial information, strategy, trade secrets, know how, etc can be protected from being distributed further than the recipient.
Courts will usually favour those that have taken steps to protect their confidential information.

Distribution Agreement

Having this agreement set out in writing is essential for a number of reasons. Having all the obligations set out can guarantee the supply of certain services, the exclusive rights to sell in regions etc and guarantee the lifeblood of a business.
For some businesses, this might very well be their most important legal document.
If you’re granting the rights to another, it’s great to get the supply relationship set in stone so they know exactly what you’re willing to offer them so there is no misunderstanding which is most often the issue and leads to the most disputes. Once it is in writing and clearly thought about and spelt out, then everyone knows how to “kick a goal” and where the boundaries are.

Partnership Agreement

Just like a shareholder agreement, this is an agreement between partners in a business that aren’t in a company arrangement.
If you have formed a partnership instead of a company, a partnership agreement is the way to go.
Because you’re liable for any decisions your partner makes in the business, it’s critical that the owners document all the important decisions that need to be made and responsibilities etc.

Joint Venture Agreement

A joint venture is when 2 or more parties come together with ideas, intellectual property, assets, contacts, resources, know how and effort to achieve a common goal that they may not be able to do on their own.
So many important considerations need to be discussed and agreed so that the individuals or businesses that come together can part ways if it doesn’t work without exposing their own businesses or personal assets to risk

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Whether it’s a privacy policy for your website, tailored terms and conditions for your contract documentation, supplier agreements, or one of a host of other key legal items... we love nothing more than hand-crafting a customised document to ensure a business is properly protected.

And the best part. We know you don’t like ‘bill shock’ so they’re all fixed fee.

Know what you need? Simply select from the list below and request now. Want to know more about what they are and why you might need them, just click on the ‘I need details’ button and we’ll explain all!

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Tailored Legal Documents Backup March_29_2017