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PLEASE READ THESE TERMS CAREFULLY BEFORE SUBMITTING YOUR WEBFORM AS IT APPLIES TO THE CONTENT MADE AVAILABLE TO YOU

INTRODUCTION

Within these terms and conditions (“Terms”) we are referred to as “Ellery Brookman”, “we”, “us”, and “our”. 

These Terms are very important as they apply to all customers (“user”, “you” and “your”) who use this page and the website generally (“Page”). 

CONSENT TO PAGE TERMS OF  USE 

By accessing and using this Page, submitting a webform and/or purchasing and using our template documents (means the "Templates" available for purchase and sale on this Page), you are taken to accept our Terms. 

By using the Page or purchasing any Templates, you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms; and

(c) will comply with these Terms.

By remaining on this Page and your continued use of this Page is deemed acceptance of any modifications or amendment of these Terms. 

INFORMATION ON THIS PAGE, PROVIDED BY US OR CONTAINED IN ANY QUESTIONNAIRE RECEIVED AFTER SUBMISSION OF YOUR WEBFORM IS GENERAL INFORMATION ONLY NOT LEGAL ADVICE

All content made available to you on ellerylegal.com.au contains general information about our Templates and services, as well as general information about different areas of the law, and does not take into account your specific needs, objectives or circumstances. 

The information contained on this Page is not a substitute for obtaining advice specific to your circumstances from a qualified legal practitioner.

Your use of this Page and/or the purchase of any of our Templates, does not create a lawyer and client relationship even in circumstances where any content on this Site has been authored or created by a lawyer. 

You further understand and agree that any information, feedback, comment or review that you provide by reason of your use of this Site and/or purchase of our Templates is not privileged or confidential.

The use of this page is not for household, domestic purposes, only for business use.

By purchasing our Templates we are not under any circumstances acting as your lawyers and are not providing any legal advice relating to you or your business. 

Any guides or other instructions provided whether on this Page or via any questionnaire provided by us is for informational and educational purposes only. 

Any such information is not intended to substitute or replace legal advice from a qualified legal practitioner, financial or accounting advisor.  You should consult with a professional for any legal, financial or accounting advice.

We do our best to ensure that our Templates are kept up to date and are accurate, however, we do not make any representations that the Templates are free from errors at all times. 

We do not assume any liability or responsibility for the accuracy of the Template's content, information or effectiveness as it applies to you. 

Unless you book an initial consultation and engage us as your solicitors on a paid basis (that being, following a first consultation to take instructions (chargeable at the rate of $220 for a maximum of one hour) and all other work following on from that charged at our hourly rates), we will not review or provide legal advice on our Templates. 

We do not and cannot guarantee that the Templates will cover your specific circumstances, issues, concerns or applicable laws.  We always recommend that you consult with a legal practitioner to review any Template purchased, at which time a legal practitioner will be able to provide you with advice specific to your circumstances and needs.

Our Templates have been designed to cater to general contractual needs and, in some cases, specific industry requirements. However, they may not encompass all unique aspects or specific needs of your particular situation or industry.

If you require specific terms, conditions, clauses, or provisions not covered in our Templates you purchase, we strongly recommend seeking advce from a qualified legal practitioner.

By purchasing and using our templates, you acknowledge that they may not fully cover the intricacies of your individual circumstances and agree to modify and adapt the content as necessary to meet your specific requirements.

We are not responsible for any omissions or the suitability of any Template for your particular needs.

It is your responsibility to ensure that the Template you wish to purchase is the right Template for you and your specific needs. 

By purchasing a Template, you are taking responsibility for your actions or inactions as they relate to the Templates.

PRICES AND PAYMENT

All prices are in Australian Dollars (AUD) and are inclusive of GST.

The prices indicated on this Page may change at anytime without advance notice to you.  If you’ve purchased any of our Templates it will be charged at the price in force at the time you submit your webform.

You will receive an invoice for your selected Template soon after submitting your webform. This invoice is payable within seven (7) days, notwithstanding if you do not complete the questionnaire provided to you.

PROVISION OF TEMPLATE QUESTIONNAIRE

Save for holiday or leave periods, you will generally be provided with a questionnaire for your Template within 2 business days, following which you will generally be provided with your Template within 2 business days following completion of same.

However, we make no guarantees on our timelines.

Please note, pursuant to work, health and safety laws, we owe a duty to keep our staff safe at all times.

If you contact our staff, admin or otherwise, or whether within the timeframes given or not, and are deemed to be rude or aggressive, we will no longer communicate with you save for providing yout Template.

ARE YOU MY LAWYER IF I USE THIS PAGE? 

Although this Page is owned by a law firm, we’re not acting as your lawyer and no lawyer-client relationship is created if you:

1. use the Page; 

2. Submit a webform or purchase a Template; and/or

3. any initial consultation; and/or

4. Strategy Consultations,

and no information on this Page constitutes legal (or other) advice.

Any information made available to you on this Page or otherwise is general information only and does not take into account your specific needs or circumstances and should not be relied upon as such.  

INITIAL CONSULTATIONS

Our initial consultations are structured to take instructions on your questions or concerns and provide you with the initial guidance only.

These consultations can be provided remotely by way of Microsoft Teams or in-person at our office in Kalgoorlie, Western Australia.

Initial Consultation: These consultations are designed for new clients. This appointment is for the purposes of taking instructions on any queries or concerns and/or a brief overview regarding our Templates. We can also discuss how we can can support your business needs.

This consultation is charged at the rate of $220 for a maximum of one hour) and all other work following on from that charged at our hourly rates). 

Strategy Consultations: For those seeking an appointment for the purposes of providing a comprehensive discussion on your business’s legal needs. This session is suitable for both new and existing clients looking for detailed guidance and will also be charged at the rate of $220 for a maximum of one hour (and all other work following on from that charged at our hourly rates).

Cancellation Policy: For cosultation bookings, we proudly do not charge a cancellation fee.

Booking and Agreement:

By booking and attending a consultation, you agree to our Terms.

This includes understanding that the information received during any consultation is general in nature.

These consultations are meant to discuss the services we can provide for your business and do not constitute legal advice.

For comprehensive legal support, we recommend proceeding with our full services tailored to your specific business needs.

WHEN DOES A LAWYER/CLIENT RELATIONSHIP EXIST?

Subject to a conflict of interest check, we will only become your lawer when the following occurs: 

1. you contact us directly for legal advice that is specific to your needs or circumstances: and 

   1. after you have

      (i) after you have entered into a costs agreement with us; and

      (iii)  are provided advice within the scope of the services set out in such agreement.

IF YOU BECOME MY LAWYER WHAT ABOUT THESE TERMS?

If you engage us to provide  legal advice and enter into a costs agreement with us, then these Terms will apply to any such client to the extent that they use this Page and/or purchase any Template which is not the subject of any costs agreement with us, and will operate in conjunction with such agreement.

INTELLECTUAL PROPERTY                    Ownership of Intellectual Property

This Page and our Templates contain intellectual property owned by us that license the content to us, including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, graphics, or anything else provided by us pursuant to these Terms.

Your use of this Page and our Templates does not grant or transfer any rights, title or interest to you in relation to this Page, the Templates or our content.

No Commercial Use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever this Page or our Templates or our Content in whole or in part without our prior written consent.

We reserve the right to claim our damages and loss from you if you are found to be violating these Terms. 

Templates

By purchasing or downloading our Templates,  you are granted a non-exclusive, non-transferable, limited licence to access and use the Template for your own personal business use.

You may not share, assign or transfer the Template or its benefits to any other person including trying to re-sell, copy, transmit electronically or otherwise use the Templates in whole or part in any manner whether in its original format or amended in any way without our express written consent (including by email).

We reserve the right, in our sole discretion, to accept or refuse to provide Templates or legal services to you.

DESCRIPTIONS OF TEMPLATES                            

We have taken every possible care to accurately describe our Templates available for purchase as accurately as possible in a way that is easy to understand.

However, there may be information that contains typographical errors, inaccuracies, or omissions relating to product descriptions, offers and availability.  From time to time we may amend errors.

SUBMITTING A WEBFORM

To place an order for a Template, you will have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. 

You warrant that any information you provide when completing the webform is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided.

We reserve the right, at any time, to request a form of identification to verify your identity. 

Payment for our Templates can be made by electronic funds transfer or by credit card by telephone on (08) 9022 2411 or in-person at our office located at 91-91 Hannan Street, Kalgoorlie, Western Australia, or such other method of payment as notified by us from time to time. 

Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.  

FEEDBACK & COMMENTS

We appreciate hearing how our customers think and feel our about our services. Please feel free to email us on admin@ellerylegal.com.au with any feedback or comments. If we have not satisfied your expectations, please rest assured we will take steps to do so in the future.

You may be contacted to submit your feedback or comments.

Where you do decide to submit feedback or comments,  you give us permission to post or otherwise use that feedback on our social media or this website. If you don’t want us to do that, you can email us and tell us at any time. 

We reserve the right to remove a review from any review channels if it:

(a) contains libelous or otherwise unlawful, abusive or obscene material;

(b) is unreasonable or aggressive towards our emplyees; or

(d) is unrelated to the Template or services provided to you.

Any reviews on our Page represent the views or our customers’ and/or clients’ experiences with our products and/or legal services. Any reviews are only posted to demonstrate past client or customer experiences but are not intended to represent or guarantee that any current or future customers and/ or clients or customers will achieve the same or similar results.

COMPETITORS ARE EXCLUDED

You are not allowed under any circumstances to use or access any documents or content on our Page in any way that competes with our business. We reserve our rights to exclude and not permit any person using this Page for such purpose in our sole discretion.

WARRANTIES AND DISCLAIMERS

This Page and our Templates are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations, guarantees or warranties of any kind about our Page and/or the Templates we provide, including that:

1. they are suitable, reliable, complete,  secure, accurate or fit for any particular purpose;

2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm.

LIMITATION OF LIABILITY

We are not in any case whatsoever responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Page and/or our Template or by way of anything on our Page being inaccurate or incomplete.

Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by Australian Consumer Law (s64A of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

You acknowledge and agree to indemnify, and  hold us, our officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made against you by any third party due to or arising out of your use of this, our Templates and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will amended so as to best preserve the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

REFUNDS AND CHARGEBACKS

Refunds for services and/or templates will not be provided unless otherwise specified by law.

Where you have received a refund either directly from us or via a chargeback claimed on a credit card, the following will apply:

1.  If we have provided you with a Template to a verified email address from which you have purchased, you must destroy all electronic copies of the Template and provide us with evidence of doing so to our satisfaction, together with a warranty to not use such Template to admin@ellerylegal.com.au.

2.  If you receive the Template and (a) do not comply with point 1 above and/or

(b) use the Template following a refund or chargeback, you will make payment to us immediately on receipt of a tax invoice. 

Where you use our Template and we do not receive payment, we reserve the right to recover any outstanding amounts through the usual debt recovery process and should this become necessary, you will be liable for all associated costs (including legal costs on a full indemnity basis).

ASSIGNMENT                                        

We are permitted to assign or transfer our rights and/or obligations under these Terms without any notification or consent required. You are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

BREACH AND TERMINATION

These Terms may be terminated

(a) where you breach any provision; or

(b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination.

ENTIRE AGREEMENT

These Terms constitute the entire understanding and agreement between us and you and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Page and your use of the same.

GOVERNING LAW AND JURISDICTION         

All Terms shall be construed in accordance with the laws of Western Australia.

In relation to any dispute, we ask that you contact us in the first instance so that we can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. 

Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.

• To be used when you are providing confidential information to another person or entity and wish to protect such information.

• Often used before progressing negotiations for the sale of a business or where discussing an idea which potentially holds high value as to intellectual property.

• Suitable for when you need some limited protection but do not feel it is necessary for the full scope of protection which can be achieved.

• Alternatively, where the other party is unlikely to sign a full scope non-disclosure agreement due to circumstances such as bargaining power.

• This document is only appropriate where there are only two parties, yourself or another entity and the other party to the agreement.

• If you need better protections than a short form can provide or there are multiple people or entities involved, you should purchase the general non-disclosure agreement.

• You should confirm all relevant parties and their legal entities to ensure you are protected from all angles.

• To be used when you are providing confidential information to another person or entity and wish to protect such information.

• Often used before progressing negotiations for the sale of a business or where discussing an idea which potentially holds high value as to intellectual property.

• Can be used where more protection than a short form can provided.

• Can be used where there are only two parties, yourself or another entity and the other party to the agreement, or multiple parties.

• You should confirm all relevant parties and their legal entities to ensure you are protected from all angles.

• Generally used when you are providing funds to one party (usually by way of a loan agreement) but wish for those funds to be guaranteed by a person who will not be bound to repay those funds except by way of a guarantee to repay if the borrower does not make payment.

• Often used when lending money to a company but wish for the director to be liable if the company cannot make payment.

• Can also be used where lending money to a trust but wish for the trustee to be personally liable if the trustee on behalf of a trust cannot make payment.

• The obligations can be unrelated to the payment of money.

• You should confirm all relevant parties and their legal entities to ensure you are protected from all angles.

• For use when you require standard terms of business which can be provided to your customers or clients.

• Generally used when providing a quote or proposal for services to be completed.

• Must be provided prior to completing services.

• Can be used throughout a service providers engagement with its customers or clients.

• Terms can include:

  • Differentiation of what is in-scope and out-of-scope work;

  • Ownership of intellectual property associated with the services;

  • Invoicing and payment terms;

  • Limitations on the liability of the parties;

  • Set terms for when the agreement can be terminated by the parties;

  • Indemnities (when one person needs to pay the entirety of the loss of the other);

  • Terms for the non-solicitation of certain person.

• You should confirm all relevant parties and their legal entities to ensure you are protected from all angles.

• Used for the sale of business assets such as business name, materials, plant and equipment, trade stock, office furniture and equipment and motor vehicles.

• Not suitable if you are selling shares in a company.

• Lease to be used for commercial premises, save for where the premises are to be used for retail shopping purposes).

• Terms include:

  • Rent amounts and payments terms;

  • options to renew, security and guarantees;

  • use of premises;

  • rights and obligations in relation to assigning a lease or sub-leasing;

  • right and obligations for termination and breach of lease.

• A guide for common issues for lessees will be provided in addition to the lease.

• Used to compile a comprehensive set of employment policies and procedures for your business.

• Perfect for those who wish to have a clear, plain english employment contract for their employees, whether new or existing employees, part-time, full-time or casual.

• Terms can include:

  • employee's duties;

  • places and hours of work;

  • salary, wages and superannuation;

  • probation period;

  • leave entitlements;

  • can include a letter of offer of employment.

• For use by business when engaging a person to provide services as an independent contractor.

• This document can include terms for:

  • scope of services;

  • fees;

  • invoice and payment terms;

  • confidentiality and protection of intellectual property terms;

  • non-solicitation and non-compete terms.

• Please note, the rules surrounding whether someone is an independent contractor or an employee are complex. Having an independent contractor agreement does not define a service provider as being engaged in that capacity where the law would deem them to be an employee.

• Creating a family trust can protect your assets and give you the maximum possible flexibility in terms of providing income to your designated beneficiaries.

• As part of that process, a Trust Deed is an essential document required to:

  • set out the rights and obligations of those holding controlling positions and any beneficiaries; and

  • ensure your family trust meets the aims of setting up the trust.

• Before setting up a Family Trust, we recommend speaking with a financial advisor and/or accountant as to the benefits and issues in doing so, together with the correct structure for your circumstances.

• For use when you are owed money duly owed in accordance with an agreement, quote or purchase order.

• This letter sets out:

  • the basis of your claim for payment;

  • a timeframe for payment to be made; and

  • notice that if payment is not made, court proceedings may be started.

• For use when loaning money to a person or another entity such as a company.

• Terms can include:

  • whether a set amount or a line of credit is being provided;

  • repayment terms;

  • what is to occur if the terms of repayment are breached;

  • interest payable and when and how that will accrue.

• You should consider whether a Deed of Guarantee would be appropriate for your circumstances in addition to this agreement.