Most online precedents do not properly cover you for what you’re doing if the matter went to Court. That’s why you need tailored legal documents and advice to protect you and the business.
Have you been asked to sign a confidentiality agreement or non-disclosure agreement ‘NDA’? Whether you are seeking advice in relation to drafting an agreement or need assistance in reviewing an existing NDA, we can help!
NDA’s are very important to protect your ideas, trade secrets, and confidential information. Failure to seek advice or having a poorly drafted NDA may be costly and, in some circumstances, can jeopardise your eligibility for registration of your IP rights.
$350 + GST
Considering the potential value of confidential information, such as trade secrets or financial information, it is important that you have an effective deed of confidentiality in place before disclosing sensitive information to third parties.
A well drafted NDA should include clauses addressing what information is considered ‘confidential’ and protected, the restrictions and safeguards required when handling that information, and of course the return, removal or destruction of that information when it is no longer needed.
$700 + GST
Website terms and conditions set out the rules and obligations of website users when they visit your site. Depending on your business model, they may need to cover important clauses such as warranties and indemnities, Australian Consumer Law guarantees, and limitation of liability. Further, they should include more specific clauses, which may vary depending on the goods or services made available on the site. This might include terms on delivery, sign-up, and restrictions around the use of content on the site.
$1400 + GST
For Australian businesses, the Privacy Act contains important guiding principles (the Australian Privacy Principles – APPs) that provide useful guidelines and ‘best practice’ procedures in dealing with personal information.
$350 + GST
Depending on whether you offer goods or services to persons within the EU, monitor the behaviour of individuals within the EU, or have an establishment in the EU, then you need to comply with the EU GDPR Regulation. The GDPR imposes significant fines for non-compliance so it is important that businesses are up to speed with how this legislation may impact upon their privacy obligations.
$600 + GST
Waivers and disclaimers are an important aspect of risk mitigation and minimising liability for businesses.
These are particularly relevant if your business offers goods or services to customers that include an inherent risk, such as physical injury or death, when undertaking or participating in an activity.
Given the exposure to liability that a business may face in offering certain products or services that may involve serious risks to customers, it’s essential to implement tailored waivers and disclaimers in order to limit any potential liabilities.
$750 + GST
Referral or affiliate agreements are commercial contracts between two entities, the referrer (or affiliate) and referee. Typically, the referrer will refer customers or clients to the referee for a fee or other incentive.
It’s important to clarify the nature of the relationship between the referrer and referee (or affiliate) and clearly define the key terms of the agreement. This means having regard to the contracting status of the referrer (i.e. as an independent contractor as opposed to an employee), what constitutes a successful referral, and any other key terms such as the right to refuse a referral.
$1,200 + GST
Distribution agreements are used when a business (often a supplier or manufacturer) wishes to appoint a distributor to sell or market their products. One of the key issues that should be considered when appointing a distributor is whether the distributor is to be engaged exclusively. This is important because an exclusive distribution agreement necessarily places a high burden on the distributor to successfully manage the expectations of the supplier or manufacturer. In that regard, it is crucial (particularly for exclusive distribution agreements) to have clear performance targets, and to have the ability to terminate the agreement if key targets are not met by the distributor.
$1,200 + GST
Influencer agreements are becoming more and more common, and not surprisingly given the importance of social media for promoting brand awareness.
Let’s face it, social influencers can have an incredible impact on the success (or failure) of a business or product. In that regard, it is crucial for businesses to carefully consider the terms of engagement between the business and the influencer. This means having regard to the content they post – does this need to be pre-approved? How often does content need to be posted? What about performance measures? These are just a few issues that need to considered in any influencer agreement.
$750 + GST
The legal structure for your business is vitally important for success. We find that businesses don’t incorporate fast enough and leave the business owner and their assets open to risk.
A shareholders agreement is a binding and legally enforceable contract between shareholders of a company, which rules the relationship between the shareholders. It stipulates various issues, such as who is in control of the company, ownership and management of the company, protection of how shareholders’ rights, and how shareholders may exit the company.
Your shareholders agreement should include the following:
Transfers of shares;
Management and obligations;
Dividends and financing;
Exit strategy; and
$3,400 + GST
A Partnership Agreement is an agreement between two or more individuals who would like to manage and operate a business together. The goal is generally to make a profit. A partnership is a type of business structure that can have lower set up and administration costs than a company or a trust, but it’s an important step to get the partnership established in writing between the partners, by using a Partnership Agreement.
$3,400 + GST
A Joint Venture is a commercial arrangement between two or more individuals or companies that is commonly used for the purpose of undertaking a specific project or general business activity or transaction with a view to profit, usually within a defined timeframe. The legal form of a joint venture can be separated into two main categories:
1.Incorporated joint ventures: The parties take up shares in a separate limited liability company, managed through its board of directors; or
2.Unincorporated joint ventures: The parties enter into a contractual relationship to pursue together a specific activity without forming a separate legal entity.
A joint venture differs from a partnership in that a partnership usually involves an ongoing, long-term business relationship in which the interests and liabilities of the parties are generally held jointly. The focus of a joint venture is usually on a business activity or transaction and the participants hold their interests and entitlements in, and are responsible for their liabilities in relation to, the joint venture separately rather than jointly.
$3,400 – $5,100 + GST