Definitions
Client, you means the individual or entity engaging the Legal Advisor to provide the Services under these Terms.
Legal Advisor, we means the practice director or lawyer of Legal123 Pty Ltd providing the legal consulting services described in these Terms.
Term means the three-month period of engagement starting on the date as agreed in writing.
Services means the services set out in clause 1.
Tailored Documents means legal documents, agreements, templates, or other written materials prepared specifically by the Legal Advisor to address the Client’s current business needs based on the information and instructions provided by the Client at the time of preparation.
1. Services Provided
During the three-month engagement, we will provide you with the following services (together the ‘Services’):
- Monthly Calls – one 45-minute call per month to discuss your business and legal matters.
- Unlimited Access to Legal123 advisors – reasonable email or phone support to answer questions about your business and legal requirements during the Term.
- Strategic Discussions – guidance and advice to help set up, structure, and grow your business effectively.
- Business and Website Health Check – a review of your business operations and website to identify compliance issues, risks, and opportunities for improvement.
- Website Legals – drafting or reviewing existing legal terms for your website, such as Terms of Use, Privacy Policy, and disclaimers.
- Tailored Documents – legal documents prepared specifically for your business needs based on the information provided. Minor amendments and clarifications are included, but any material changes to your business after the documents are provided may require additional work and fees.
- Other Legal Requirements – advice on any additional legal obligations necessary for your business operations.
2. Restrictions
2.1 Assistance throughout your engagement is provided but is limited to ‘reasonable use’ access to the Services. This is to prevent abuse of our unlimited access to our legal advice and ensure it is understood that reasonable use and access apply only to matters directly relating to your business setup, structure, and growth.
2.2 For clarity: reasonable use and access to our Services does not include separate legal matters unrelated to your own business growth and setup, and does not include litigation, claims by third parties, disputes, or human resources employment issues, which will require separate fees. What is considered or deemed ‘reasonable use’ is in the sole discretion of Legal123 Pty Ltd.
2.3 Tailored Documents are limited to agreements and terms that are required for the current business setup. This does not include documents, agreements or terms which may be required in the future for client services or products that are not currently offered in your existing business, unless they are directly related to the growth and structure of your business that we are currently discussing and working on.
3. Fees and Payment
3.1 Fees for the Services are payable one month in advance.
3.2 Payment must be made monthly, one month apart from the original purchase date (for example, if you purchase on the 15th of the month, subsequent payments are due on the 15th of each following month during the Term).
3.3 You agree that any late or missed payments may incur additional fees and interest, including debt collection costs if necessary.
4. Refund and Cancellation
4.1 Once you sign up for the three-month Term, you cannot cancel the engagement except as outlined in clause 4.2.
4.2 You may cancel all Services within 24 hours following the first 45-minute engagement call by providing written notice, including reasons for cancellation. Any refund will be provided less prorated time and a reasonable administration fee. As we have commenced work to set up your Services and booked your Services to the exclusion of other clients, we do not offer any other refunds.
4.3 Any other refund will only be provided as required under the Australian Consumer Law (ACL) or if we cancel the Services under clause 9.1.
4.4 If Legal123 needs to recover unpaid fees, reasonable debt collection costs may be claimed.
4.5 In the event of any other cancellation by you, full fees will become immediately due and payable for the remaining Term.
4.6 If a refund is applicable under any clause other than when we cancel the Services, it will be less a reasonable administration fee.
5. Client Obligations
5.1 You must provide all necessary information to us in a timely manner to allow the Services to be delivered effectively.
5.2 We rely on the accuracy, completeness, and timeliness of all information provided by you, including any information supplied by third parties on your behalf.
5.3 You warrant that all information provided, whether directly or via third parties, is accurate, complete, up to date, and not misleading.
5.4 You must provide at least 24 hours’ notice to reschedule any scheduled calls.
5.5 You acknowledge that we cannot be responsible for any outcomes, errors, or omissions arising from incomplete, inaccurate, or delayed information provided by you or any third parties.
6. Tailored Documents
6.1 Tailored Documents are provided based on your current business needs and information supplied by you.
6.2 Minor amendments and clarifications will be made where reasonable and in accordance with discussions around your business model.
6.3 If there are material changes to your business model or services after the documents are provided, additional amendments or new documents may require further engagement and fees.
7. Intellectual Property
7.1 All materials, documents, advice, and other outputs provided by us (IP) remain the intellectual property of Legal123.
7.2 You are granted a non-exclusive, non-transferable, limited licence to use the materials, documents, advice, and other outputs provided for your own personal or business use.
7.3 You may not resell, share, distribute, or otherwise commercially exploit any materials, documents, advice, or other outputs provided. The licence does not permit use of the materials for any commercial purpose beyond your own business.
7.4 Any other use of the IP is prohibited unless otherwise agreed in writing.
8. Limitation of Liability
8.1 The Services are provided based on the information and instructions you provide. We rely on the accuracy, completeness, and timeliness of such information in providing the Services. You remain responsible for decisions and actions taken based on the Services, advice, or materials provided.
8.2 To the maximum extent permitted by law, Legal123 Pty Ltd, our officers, employees, and contractors exclude all liability for any indirect, incidental, special, or consequential loss or damage, including loss of profit, business interruption, or loss of data, and for any loss or damage arising from reliance on the Services, advice, or materials provided, including Tailored Documents, unless such reliance is reasonable in the circumstances. Liability for any loss or damage resulting from incomplete, inaccurate, or misleading information provided by you is also excluded.
8.3 Any successful claim by you, whether in contract, tort, statute, or otherwise, is limited to the amount of the last invoice paid for the Services giving rise to the claim.
8.4 Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, or any statutory rights or guarantees under the ACL that cannot lawfully be excluded.
9. Termination
9.1 We may terminate the engagement at any time if, in our reasonable opinion:
- You breach these Terms;
- There is a breakdown in communication; or
- For any other reason, in our sole discretion.
9.2 If we terminate the engagement under clause 9.1, you will be entitled to a pro-rata refund of any fees paid in advance for the remaining period of the Term.
9.3 Any other termination (such as at the end of the Term) will follow the standard terms in these Terms, including Refund and Cancellation provisions.
10. Australian Consumer Law
10.1 You have certain rights and guarantees under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot be excluded, restricted, or modified. These include, but are not limited to, guarantees as to:
- The due care and skill in the provision of services;
- Fitness for any specified purpose;
- Reasonable time for the provision of services; and
- Correspondence with any description or sample provided.
10.2 Nothing in these Terms is intended to exclude, restrict, or modify any rights or guarantees you have under the ACL that cannot lawfully be excluded, restricted, or modified.
10.3 Subject to clause 10.2, to the maximum extent permitted by law, all other conditions, warranties, or guarantees, whether express or implied (including under statute, common law, or equity) are excluded.
10.4 If a service supplied by us fails to meet a consumer guarantee under the ACL, you are entitled to:
- A remedy for the failure, including a refund, replacement, or compensation for any reasonably foreseeable loss or damage; and
- Any additional remedies available under the ACL.
10.5 Any claim under the ACL must be made in writing and submitted to us as soon as reasonably possible after becoming aware of the issue.
10.6 For the avoidance of doubt, unless required by the ACL, we will not provide refunds, credits, or other remedies beyond those set out in these Terms.
10.7 Nothing in this clause limits any other rights you may have under these Terms, including those relating to pro-rata refunds if we cancel the Services.
11. Dispute Resolution
11.1 We will attempt to resolve any dispute arising out of or in connection with these Terms by good faith negotiation.
11.2 If the dispute cannot be resolved within 14 days, the parties agree to attempt mediation before any court proceedings are commenced. Each party agrees to pay their own mediation costs.
11.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any proceedings arising under or in connection with these Terms must be brought in the courts of New South Wales, Australia.