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Protect your interests, define your rules: Terms and Conditions made simple.
Choose from our selection of legal documents.
Follow the prompts and complete the form online at your convenience. Once ready, pay and submit!
We engage a Law Firm to prepare your document based on the information provided. We then perform our final quality checks and email the completed document to you within 3 business days.
If not, you could be putting your business at significant risk.
Terms and Conditions of Trade and Website
Terms and Conditions of Trade set out the rights, obligations and scope of work between yourself and a client before the beginning of work. If you are consistently providing any kind quoted work (for example – in the trades industry) then it is important that you establish the terms and conditions of that work including the scope of work, provision of services, and payment process.
Terms and Conditions on your Website may provide a legal barrier for businesses who offer services and/or products for sale online. This document will set the rules and guidelines that users of your website must comply with. The Australian Consumer Law found in the Competition and Consumer Act 2010 requires all businesses with a website to have Terms and Conditions. If you have a website for your business then you should have a document that set’s out your website’s terms and conditions.
While parties mostly enter into commercial agreements with the intent of fulfilling their contractual arrangements in practice this does not always occur. However, clear terms and conditions limits your financial and litigation risk by clearly defining the terms of the contract.
The key elements of a terms and conditions of trade are:
A well drafted Terms and conditions document will limit your liability for any claims resulting from alleged loss while using the website, while also protecting your intellectual property.
The key elements of a terms and conditions of a website are:
It may be tempting to copy another business’s terms and conditions, attempt to draft your own, or simply trade without. These are not advisable approaches as you won’t have any guarantee that your Terms and Conditions will have legal effect.
Claims against your business for false, misleading or deceptive terms and conditions can result in penalties. Furthermore, where your Terms and Conditions are a standard form contract (most terms and conditions are standard form) they may be considered ‘unfair’ under the ACL.
The only way to know that your document is legally compliant is when it has been drafted/reviewed by a legal professional and is tailored to the specific needs of your business. Because the requirements in the ACL tend to favour the consumer, it is important as a business owner that your Terms and Conditions are drafted with the guidance of a lawyer to be compliant.
It is essential that you have a website terms and conditions document, and we recommend that you obtain a terms and conditions of trade agreement. If you require both documents at this time, consider our bundle offer and save!
Note: If your business collects data from its customers through its website, forms, email etc, it is highly likely that you may have a legal obligation to implement a privacy policy and make it accessible to your customers (usually found on your website). If you are unsure if this applies to your business, please feel free to contact us, or alternatively, click here if you would like us to prepare a Privacy Policy for your business.
If you have any general questions or require legal advice, please contact us and we can refer you to a specialist Law Firm.
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Answers to the most frequently asked questions
What are Business Terms and Conditions?
A Terms and Conditions document sets out the terms around your provision of goods and/or services to your customers. Your terms and conditions should be read and accepted by your customers before they engage the business or attached to invoices.
What will my Terms and Conditions include?
Terms and Conditions are designed to help businesses establish clear guidelines and rules when it comes to how and when customers make payment, how customers use a website and online store, customer’s rights under a contract and more. Each document is tailored to the respective business and is essential for every operational business.
What are the benefits of having a Terms and Conditions Document?
Builds Trust
A Well-drafted, and transparent terms and conditions document will build client trust by clearly outlining what your clients/customers can expect over the course of your business relationship with them. This will hopefully have the effect of reducing disputes and develop trust and certainty in your business dealings.
Protect Against Litigation and Financial Risk
While parties mostly enter into commercial agreements with the intent of fulfilling their contractual arrangements in practice this does not always occur. However, clear terms and conditions limits your financial and litigation risk by clearly defining the terms of the contract.
How do I know a customer has accepted my Terms and Conditions?
You will typically ask customers to accept the Terms before making a purchase. For example, if you sell online, you might require customers to tick a checkbox stating their acceptance, or attach the Terms and Conditions to a Contract or Invoices.
Are these documents suitable for all types of businesses?
Yes, as long as you are an Australian business, including online stores, service providers, in-store providers and contract work.
Can I use my Terms and Conditions for a website that targets an international audience?
While the templates are compliant with Australian law, if your website serves international customers, you may need to consider additional legal requirements of other jurisdictions. It’s advisable to consult a legal professional to address any international business aspects.
How can I avoid disputes with my customers?
The benefit of clear and easy-to-understand Terms and Conditions is that it can set out disclaimers, scope of services, payment terms and repercussions, and delivery arrangements.
What if I need something more complex prepared?
Whilst our Documents provide a comprehensive framework, for specific and complex legal advice that is tailored to your unique business situation, we recommend that you consult with a legal professional. We have relationships with multiple Australian law firms that can assist you with every possible legal enquiry.
some of the other documents our clients have purchased
Specify the terms for selling designated assets between parties, clearly defining the assets, purchase price, and conditions.
Providing goods or services on credit? Ensure you are paid back and protected from unexpected complications.
Get a detailed Employment Contract which clearly sets out the role, obligations and protection clauses for the Employer.
Professional letters of demand sent to your debtors by post and email.
Clearly outline the terms of the loan, legal remedies if payment is not forthcoming and the details of any security.
Ensure confidentiality, legal recourse for breaches, and preservation of a your Business’s IP and operations.
If your business collects data or personal information, you may have a legal obligation to implement a privacy policy and make it accessible to customers.
Outline the terms of transferring ownership of shares in a company from seller to buyer, and the conditions governing the share transaction.
Limit and control your business’ liability, set out the terms of trade between yourself and a client and ensure your customers pay you.
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Template Documents |  |  |
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Fixed Fee | | |
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Legal Documents prepared by an Australian Law Firm specifically for your business | | |
Document contains most recent up to date law at the time of purchase | | |
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Fully Australian owned and operated business | |
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