General Information About Legal Documents
Where you engage us to draft legal documents, there are a number of things to consider. We have set out below a checklist of those items that we feel it is important for you to be aware of.
Tailoring our legal documents for youWe prepare legal documents using the experience that we have developed from providing legal services for many years. However, we recognise that all of our clients are different, as are their products, services and business strategies. Please read the documents we prepare for you and let us know if they require any amendments to ensure they are accurately tailored to your specific requirements.
Unfair contract term considerationsFrom 9 November 2023, the use of an unfair contract term in a small business or consumer contract is prohibited and a court may order significant penalties for violations of the prohibition. Penalties for violations of the prohibition include fines ($2.5 million for individuals and $50 million, or more in certain circumstances, for corporations), adverse publicity orders and disqualification from managing a corporation, injunctions and orders with respect to existing and future unfair contract terms.
Not all contracts are subject to the unfair contract term laws.
Which contracts are subject to the unfair contract term laws?
A contract will fall within the scope of the unfair contract terms regime under the ACL if:
- The contract is a standard form contract.
- The contract is for: goods or services (for example, an agreement to supply advertising, franchise or technology services or supply a product purchased through an online store); or the sale or grant of an interest in land.
- One of the parties to the contract is a:
- small business; or
- consumer.
- It is not an excluded contract.
Only standard form contracts are subject to the unfair contract term laws. A contract is a standard form contract if some or all of the following factors are present:
- The same or a substantially similar contract is prepared by one party and has been entered a number of times.
- One party (usually the party that has prepared the contract) has all or most of the bargaining power and the other party is:
- effectively required to accept or reject the terms of the contract;
- only able to negotiate minor or insubstantial changes to the contract;
- only able to select from predetermined contract term options; or
- deprived of an effective opportunity to negotiate the contract terms (for example, the other party is required to agree to the contract terms within a short time frame).
- There are characteristics specific to the other party that present a particular vulnerability or inferior bargaining position.
What is a consumer or small business?
A consumer
Some of our Satisfied Clients
Startups, SMEs, Public Listed Entities, Multinational Corporations and Government
At the end of your FREE legal strategy session
one of these three things WILL HAPPEN:
You decide to run off and try to manage your legal issues yourself and implement a legal strategy on your own. If this is the case, we’ll wish you the best of luck and ask that you keep in touch with us to let us know how you’re going.
You will love the idea of formally engaging us and ask to become our client so that we can personally help you execute your commercial strategy to scale your MSP ASAP.
In the unlikely and unprecedented event that you feel like you wasted your time, you will be able to walk away with no strings attached. No questions asked. Your time is the most valuable asset you have, and we respect that.
Chances are, we’ll knock your legal issues out of the park…It really is that simple and there’s no catch.
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We have worked with many MSPs, technology businesses and telecommunications companies Australia-wide for more than a decade. We have significant experience helping MSPs develop tailored Customer Agreements in a way that reduces friction and allows them to get more customers and grow and scale their businesses for success. We don’t always have time for free consultations, so now is the time to book a FREE Legal MSP Strategy Session.
