Thursday, March 22, 2012

Statutory Demand Letter

In Australia, each state has its own debt recovery legislation. If the debtor does not give back the owed amount, then you have a right to issue a letter of demand for demanding the money. Creditor has multiple options to recover the money. Such as:

• Contacting the debtor and trying to reach an agreement through negotiation.
• Sending a letter demanding payment (called a letter of demand).
• Going to court - which one depends on how much you are owed.

Letter of demand
Before starting a case in the Magistrates Court you should write a letter of demand to the other party saying there is a debt, and that you want them to pay it.

You must write a letter of demand if you want to recover the costs of lodging the claim from the defendant if you end up going to court.

Contents of letter of demand
The letter of demand should:
• prove the person owing the money (the defendant) knew the debt had to be paid, or
• provide details of how the debt arose
• clearly set out the relevant dates, agreements and amounts
• include copies of quotes or invoices when applicable
• set a timetable for legal action unless a settlement proposal is received
• be sent by registered mail and the signed postal receipt kept

This gives the other party a chance to pay the debt without going to court. You should keep copies of all the letters you send to the other party. You need to decide if you want your letter to be 'without prejudice'.

Courts Jurisdictions

Queensland
If your dispute is with another person, a business or a company and is for a fixed sum of money less than $25,000, you may be able to apply to QCAT to have the matter resolved.
If the amount owed to you is more than $25,000 you can start court proceedings.
The Magistrates Court can issue a claim against a defendant for any amount up to $150,000

West Australia
If you are owed less than $75,000 you can go to the Magistrates Court of WA. There are two ways a claim can be made in the Magistrates Court. You may choose to have your claim heard as a minor case claim or as a general procedure claim.

South Australia
Minor civil claims are matters heard in a Magistrates Court. They are matters where one party sues another for debts of $6 000 or less. It is an informal process and you do not need to be represented by a lawyer.

NSW
To decide where to start your case, you need to know that claims of:
• up to $10 000 are heard in the Small Claims Division of the Local Court
• more than $10 000 and up to $100 000 (or $120 000 in some limited circumstances), are heard in the General Division of the Local Court
• Above $100 000 (or $120 000 in some limited circumstances) are heard in the District Court or the Supreme Court.

TAS
The Civil Division deals with disputes involving amounts up to $50,000 in value; and amounts in excess of $50,000 if all parties agree.

Victoria
The Magistrates' Court of Victoria has jurisdiction to deal with debt recovery claims and damages claims up to the value of $100,000. The Court also has jurisdiction to provide equitable relief where the value of the relief sought is up to $100,000.

Net Lawman provides the following statutory demand forms. Such as:

Statement of Claim and Letter of Demand for use in WA
Each document includes example text for particulars and example letter to a debtor. The contents of the forms are as laid down in relevant State legislation, so the text of the document should not be changed.

Statement of Claim and Letter of Demand for use in QLD
Official Statutory declaration form, provided for by Queensland legislation including full explanatory guidance notes, exemplary text and a letter to be sent with the form.

Statement of Claim and Letter of Demand for use in NSW
Official Statutory declaration form, provided for by New South Wales legislation and Suitable for any person or company for use in the case of recovery of money.

Editors’ notes:
For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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Related Documents:

Legal Demand Letters - Statutory Demand Forms - Statutory Demand Letter - Letter of Demand

Website Terms and Conditions

The website terms and conditions template is a legal document or an agreement which incorporates the usage of one’s website. This legal document depends upon the nature of your business or the environment in which you are regulating your business. The website terms and conditions templates provide security and protection to your website. Whether you are providing an E-commerce facility on your website or you are offering services to consumers or visitors, all you need is a comprehensive website terms and conditions.

The website terms and conditions templates in Australia are considered as a law for both companies and consumers.

The terms and conditions templates document include:

A license in the copyright in the website
Restrictions regarding the content and material on the website (for visitors and consumers, what they can and what cannot add in the website)
Use of password and restricted areas of your website
An entire agreement clause between both parties
An acceptable and suitable use clause
A variation clause
A clause specific to the law and jurisdiction in which disputes will be entertain
An agreement regarding the information that can be disclosed under the Ecommerce regulations

Beside some of these provisions under the website terms and conditions templates for Australia jurisdiction, it is also applicable to post and adapt terms and conditions templates which suits to your website and business nature.

Moreover, you can also modify and change your website terms and conditions time to time and as per your need.

The website terms and conditions are not only useful for business or large companies but it is also beneficial for users and consumers also. The Ecommerce services facilitate a consumer with so much ease. The website terms and conditions also provide some legal aspect to consumers also such as:

The website terms and conditions templates tell consumers/users or visitors about the restricted areas of a website
About the liability of intellectual property of a website
Users access to content entry or posting
Security check and other legal risks

Net Lawmen provides a complete and comprehensive set of website terms and conditions for companies and consumers/users. This website terms and conditions template will provide you an end to end solution.

The flexibility in the website terms and conditions templates provided by Net Lawman is that you can write terms of your own choice. Only thing you have to keep in mind before writing the terms and conditions templates is that your terms accurately reflect what you intend to do in terms of business. Moreover, the website terms and conditions templates are suitable for any person or company around the world for any sort of sale (of physical goods) through any channel but we are not responsible for local laws in the other countries.

Let’s have a look into the applications and some special features of website terms and conditions templates.
Applications and Features:

• A complete and inclusive set of terms and conditions suitable for any product, goods or services or range of products
• Provides content protection document towards the problems and issues which could rise from people or visitors post any sort of content to your website
• An easy and simple amendable structure which suits your precise commercial requirements
• The website terms and conditions document encompasses all basic contractual issues including internet and technical
• The document includes an excellent set of notes to assist and advise you on drafting, alternatives and where necessary insertions

Contents:

• Crux of the contract includes: when made, offer and acceptance and changes related to information on websites
• Customer account, privacy and confidentiality
• Price, GST: General Sales Tex
• Delivery and Risks issues
• Refund and return of goods: reasons and procedures
• Disclaimers and limitation of sellers liability
• Security and protection of intellectual property of your website(applicable only to this nature of document)
• “Acceptable Use Policy”: what to do and what not do list from your side by your visitors and contributors in terms of entering text, comments and communication. If there is no place for comments or communication, then delete it.
• Protection from hackers : website security
• General but wide-range prohibitions against customers offences
• Suitable and applicable legal provision and support in terms of warranties, exclusions and insurance

Website Terms and Conditions - Website Terms and Conditions Template - Terms & Condition Templates

Shareholder Agreement

What is a shareholder agreement?

Shareholder agreement is a legal agreement between the shareholder of the company, and it records the details about the running of the affairs of the company. Shareholder agreement is not compulsory, but it avoids the confusion and disputes between the shareholders. Shareholder agreement develops the understanding between the shareholders. It is a document that provides the solution where the corporation law is silent.

Constitution of the company

Shareholder agreement must cover those matters which are not covered by the constitution of the company. The shareholder agreement is a supplementary document of the company’s constitution. The shareholder agreement provides the right and liabilities in addition to mentioned in Corporation Act (CTH) 2001.

Necessity of shareholder agreement

The company constitution does not provide the procedure for selling of shares on retirement, death, disability or on any other reason. The company constitution is often silent, and the shareholder agreement provides the procedure for internal affairs of the company. Shareholder agreement is best suitable for the private companies. Shareholders have a great control over the affairs of the company as compare to the shareholders of the public companies. Shareholder agreement provides the smooth running of the affairs of the company.

The company constitution provides the details about the running of the company in a broad way but shareholder agreement provides the comprehensive details and covers all issues which are related with internal affairs of the company.

Requirements of the Corporation Act (CTH) 2001

The corporation Act) (CTH) 2001 does not require the company to have a shareholder agreement in place. Shareholder agreement is a very flexible and confidential document. Shareholder agreement does not need to be registered at Australian Securities and Investment commission (AISC).

Rights and obligation

Shareholder agreement is also known as stakeholder agreement, and it protects the rights of the shareholder. The private companies usually use the shareholder agreement along with company’s constitution for the following purpose. Such as:

• It is a private document and confidential remains within the company;

• It allows great flexibility and also protects the minority of shareholders;

• It avoids the disputes amongst the shareholders and ensures the smooth running of the affairs of the company.

Shareholder agreement minimises the disputes between shareholders because it provides the solution for resolving the disputes. Shareholder agreement is binding on the shareholders, and it further regulates the affairs which are not governed by the company’s constitution.

Protection of minority of shareholders

Shareholder agreement provides the equal protection to the minority of the shareholder. Shareholder agreement confirms and ensures the rights and obligation of the shareholders. The company constitution provides the limited rights to the minority of the shareholders .In the absence of shareholder agreement; the minority shareholders will seek the court assistance if they have a complaint about the managing process of the company. So shareholder agreement minimises such disputes.

Amendment in shareholder agreement

Shareholder agreement provides full protection to rights of the shareholders because it is not easy to amend the shareholder agreement. It accepts only such amendments which are based on unanimous decisions. The company constitution can be amended by 75 % of the votes.

Superiority of the shareholder agreement

The shareholder agreement has superiority over the company constitution. In case of conflicts between the two documents, the provisions of the shareholder agreement will be prevailed.

Net Lawman provides the following shareholder agreements. Such as:

Shareholders' agreement: new company; one shareholder is major lender

A comprehensive shareholders agreement for a new company that has also been financed with debt from a big lender as well as equity. Use this agreement to protect the rights of each shareholder against each other and the debt provider and also for setting down the strategic management of the company. This agreement could be put in place at the time of incorporation or shortly afterwards in order to set out the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders' agreement: existing company; one shareholder is major lender

A comprehensive shareholders agreement for an existing company that also has debt financing from a big lender such as a business angel or venture capitalist. Use this agreement to protect the rights of each shareholder against each other and the debt provider and also for setting down the strategic management of the company. This agreement could be put in place perhaps on the introduction of new shareholders or directors, a new financing round, or after restructuring, or simply to redress the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders' agreement: existing company; shareholder-directors

A comprehensive shareholders agreement for an existing company. Use this agreement to protect the rights of each shareholder against each other and also for setting down the strategic management of the company. This agreement could be put in place perhaps on the introduction of new shareholders or directors, a new financing round, or after restructuring, or simply to redress the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Shareholders' agreement: new company; shareholder-directors

A comprehensive shareholders agreement for a new company. Use this agreement to protect the rights of each shareholder against each other and also for setting down the strategic management of the company. This agreement could be put in place at the time of incorporation or shortly afterwards in order to set out the balance of shareholder power as the company grows. It is suitable for companies where all or some shareholders are also directors, or where there is a mix of active and inactive owners.

Share transfer form: private company

This document creates a transfer, sale or purchase of shares in a private Australian company. To affect the legal transfer of shares in an Australian company listed on the stock market, you will need a stock broker.

Editors’ notes:

For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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Related Documents:

Shareholder Agreements - Shareholder Agreement Template - Shareholder Agreement Forms - Share Transfer Forms

Partnership Agreement

What is a partnership?
A formal agreement between two or more persons for carrying on a business in a common with a view to earn a profit is called partnership.

Main types of Business structures
The main types of business structures commonly used by small businesses are:
• Sole trader: an individual trading on their own.
• Partnership: an association of people or entities carrying on a business together, but not as a company.
• Trust: an entity that holds property or income for the benefit of others.
• Company: a legal entity separate from its shareholders.

Every business has an advantages and disadvantages but you must prefer and consider such business structure that best suit with your business requirements.

Legal binding contract
A partnership is a legally binding contract, and it must be made to earn a profit. Partnership can involve up to a twenty members for carrying on a business with intention to earn a profit.

Written VS verbal agreement
The partnership law does not necessitate that partnership agreement must be in a written form. Partnership can be based on an oral agreement. However, a written partnership agreement minimizes the disputes between partners. The courts always prefer the written partnership agreement because written agreement demonstrates the clear intentions of the parties. It is advisable that parties must prefer the written partnership agreement in order to avoid misunderstandings. The written partnership agreement also provides to partners a clearer understanding of their rights, responsibilities and obligations as a partner. It is advisable to review your partnership agreement regularly.

Partnership Law
In Australia, each state has its own partnership law. Such as:
• ACT - Partnership Act 1963
• NSW - Partnership Act 1892
• NT - Partnership Act 1997
• QLD - Partnership Act 1891
• SA - Partnership Act 1891
• TAS - Partnership Act 1891

Advantages of Partnership
The major advantages of the partnership are:

• Applicability of few government regulations;
• tax advantages
• share risk;
• privacy of information
• inexpensive
• more partners to share work load

Non competition
The restriction imposed by the partnership law on the partners of the firm that they cannot carry on the same business as of the partnership without prior obtaining the consent of the other partners. If any partner carries on the same business then he is liable to pay all the earned profits from that business to other partners.

Partnership at will
No one can expel the other partner by a majority of the vote unless such power is bestowed by the partnership agreement. If the partnership agreement is silent about the duration of the partnership, then it is the right of the other partner to retire from the partnership by giving notice to another partner. The partnership agreement that does not define the duration of the partnership is called partnership at will.

Variation of terms of partnership
The mutual rights and duties of partners, whether ascertained by partnership agreement or defined by the Partnership Act, may be varied by the consent of all the partners, and such consent may be either expressed or inferred from a course of dealing.

Net Lawman provides the following types of partnership agreements. Such as

Business partnership agreement
This partnership agreement is suitable for all Australian partnership situations, whether you are architects, car sellers, farmers or builders. Having a partnership agreement in place is essential as it sets the terms for a sound business relationship.

Family partnership agreement
This partnership agreement is suitable for most partnership situations, whatever the business type. It matters not whether you are car salesmen, architects, cleaners, or accountants. It is less formal than many such agreements as it has been drafted specifically for family partnerships of any kind.

Admission of new partner
A simple agreement whereby the old and new partners are joined in the terms of the original partnership deed

Family Partnership Agreement - Partnership Dissolution Agreement - Business Partnership Agreement - Partnership Agreements

Will and Testament

What is Will?

A will is a legal written and signed statement of the testator. A Will depicts the intentions of testator about the division of the property and assets. Will only takes effect after the death of the testator. The law allows that a minor can make a Will in contemplation of the marriage but it must be processed through the court. A Will must be witnessed by two independent witnesses.

Rules of intestacy

There are two ways under which the property and assets of the deceased can be distributed. Such as:

• By application of the law

• By application of the deceased wishes (Will)

If you died without making a Will then the law of the land will apply and your assets will be divided in accordance with spirit of the law. If you make a Will; your intention will be prevail over the spirit of the law of intestacy. You can give your property to anyone to whom you like most. You can decide the share of you children in your Will. Your Will can minimize the legal disputes between your off springs. Your Will can unite your family after your death.

A will provides the opportunity to the testator to decide the fate of the property and assets. A will stops the rules of intestacy.

Importance of a Will

A will is important that your property will be distributed in accordance with your wishes. A Will give you the chance to decide who will inherent what and who will get nothing. You must keep your Will at the safe place.

Who should be your executor?

Your executor must know about his legal duties and must be manage the affairs of your estate. Acting as executor can be demanding, requiring an understanding of complex legal, financial, accounting and taxation matters. The executor must be of sound mind. The responsibility of the executor includes:

• Locating the Will

• Providing the Will in court;

• Discharging debts; distributing and transferring the assets in accordance with your Will.

• If you choose an executor who is less than able, or who dies before you, this may unduly complicate the administration of your estate.

Changes in a Will

You should change the Will after change in your personal circumstances. You can change your will at any time and law does not impose any limitation on this. It is advisable that you must update the Will after divorce, marriage or if you are living in a defected relationship. If your personal circumstances change e.g. you become married or divorced, have children, travel or acquire new assets, you are advised to make changes to your Will. If you get married, the existing Wills of both parties are automatically revoked, unless made in contemplation of marriage.

Affect of marriage or divorce on Will

It is important to note that your Will is revoked or cancelled if you get married, unless it is made in contemplation of marriage. Divorce does not revoke a Will, but it cancels any provision in favor of the former spouse.

Who can contest the Will?

The following persons can contest the Will. Such as:

• Your spouse,

• Your child ( under the age of 18); or

• Any person financially dependent on you i.e your parents.

Types of Wills

Net Lawman provides the following types of Wills. Such as:

Standard will: all to spouse for life, residue to others

You stay in control of who to give to, whole of estate to spouse or partner for life, after death, split between other relatives and charities. Spouse can have capital too, if needed. Suitable for: person with or without children who may or may not have re-married, but wants spouse to have life interest only.

Standard will: all to spouse for life, gift over to children

Gifts to anyone, as required, all to spouse for life, Inc power to spend capital, gift over to children absolutely. Wide trust powers, Suitable for: person with wealthy children who do not need large amount of cash on your death and for whom the ""gift over"" on death of tenant for life is not important.

Standard will: all to one person

Simple will - all to one person. If that gift fails, then to another person or charity, Suitable for: single person with no relatives.

Will - Widow or widower among children

Gifts to anyone, as required, no formal trust but includes trust provisions suitable for under 18 beneficiaries in any relationship category. Suitable for: widow, widower or divorced person who has children but no ""life partner"".

Editors’ notes:

For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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Related Documents:

Will and Last Testament - Will and Testament - Will Forms - Australian Legal Will

Employment Policies

What is Employment Policy?
An employment policy is the directions of the employer in order to maintain the discipline within the organisation and to get the certain business objectives. Employment policy is also known as workplace policy and it defines the purposes and goals of the organisation.

What is the law on Employment Policy?
The employment law and any other statues do not bar the employer to implement the employment policy. But employment policy must not create the discrimination on the basis of gander, age, race etc.

Time for communication of the employment policy
The employer must communicate the employment policy to the new employee at the time of the hiring. If employer fails to do so then the employer cannot take any administrative action against the employee. Employee can include the employment policy into the employee handbook .It is necessary that employment policy must be implemented throughout the organisation. Employment policy saves the time of employer for answering the different questions of the employee.

Limitations on the employment policy
Employer cannot introduce and implement such type of the policy which can deprive the employees from their statutory rights. Any such type of the policy will be illegal.

Nature of the Employment policy
Employment policy must not be express but it must be implied (in written form). It must be communicated to each employee. Employment policy must be practical so that employee must understand the expectations of the employer.

Review of Employment Policy
Employer can change the employment policy at any time in accordance with the circumstances. It is necessary that employer must change the employment policy if the law has been changed in order to fulfil the spirit of the current law. Employer must communicate the employees about the change in employment policy and must provide the latest copy to the employees.

What is good Employment Policy?

A good employment policy:
• Never deprived the employees from their statutory rights;
• Always focus on the welfare of the employees;
• Minimise the concept of discrimination;
• Always provides the information on different issues like bonus, promotions, entitlements etc.
• Promote the healthy atmosphere within the organisation.

Breach of Employment policy
Employer must take the prompt and strict action if any employee breaches the employment policy. Employer must follow the procedure which is laid down in the policy for the breach of any provision of the policy. Employer must take the action without discrimination in order to promote the healthy atmosphere in the organisation. Prompt action will maintain the discipline within the organisation. Discipline is very important in order to achieve the objectives of the organisation. Therefore employer must not tolerate the breach of employment policy. An employment policy must explain the key terms used in policy and must tell to whom this policy will be applied.

Types of employment policies
Employment policy provides the guideline to the employees that how the organisation will deal with day to day operational issues, how to deal with administrative issues and how to comply with legislative requirements in the affairs of the organisation. It is not necessary that employee introduce the employment policy on every aspect. Employer must introduces and implement the employment policy on key and targeted issues.

Net Lawman provides the following employment policies. Such as:

Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with ganderual harassment spelled out. Helps protect you from tribunal claims arising from discrimination and ganderual harassment.

Sickness and absence policy
Comprehensive sickness and absence policy ensuring all employees know what is expected of them when they are absent.

Computer use, email, Internet and communications policy
40 paragraphs of down-to-earth common sense to protect your business, Protects your data, your reputation and your business and sets out a model policy for any size of business

Company cars policy
Sets out a model company cars policy for a medium size business and educates staff in best practice.

Employee Policies - Employee Policy - Employment Policies - Company Cars Policy

Emplyment Agreement

Employment agreement is an important document that creates and regulates the relationship between employer and employee. Employment contract must be clear and concise in all aspects. Law does not say that employment agreement must be in written form but the tribunal, courts prefer the written form of the employment agreement. The employment agreement must describe the nature of the job of the employee.

Australian employment law has been changed since the enforcement of Fair Work Act 2009. It is the duty of the employer that he must incorporate all important provisions of the employment whether the contract is based on common law or on award.

Employment agreement must state that whether the agreement is based on common law or on Far Work Act 2009. Australia law recognises the both types of agreement but it essential that if the contract is based on common law then it must incorporate the provisions of national employment standards (NES).

The principal object of the employment agreement is to explain and define the rights and liabilities of the employer and employee. The employment contract must contain the following important paragraphs (NES) in order to attain recognition under the law. Such as:

• Maximum weekly hours;
• Annual leave;
• Parental leave and related entitlements;
• Requests for flexible working arrangements
• Personal / carer’s leave and compassionate leave
• Community service leave
• Long service leave
• Public holidays
• Notice of termination and redundancy pay
• Provision of a Fair Work Information Statement.

Fair work Act applies to every structure of the businesses whether the business is incorporated in Northern Territory, Victoria, and ACT. Fair Work Act 2009 extends to whole Australia.

Employer cannot enforce the employee to work more than 38 hours in a week. However opt out agreement can be made between employer and employee to work more than 38 hours a week.

In Australia, the rate of national minimum wage is $15.51 per hour or $589.30 per week. There are different rates of national minimum wage for junior employee (those are under the age of 16) and for apprentices.

The permanent full-time employees are generally entitled to at least:
• 4 weeks paid annual leave
• 10 days paid personal / carer’s leave per year
• 2 days unpaid carer’s leave (when needed)
• 2 days paid compassionate leave (when needed)
• 12 months unpaid parental leave (with additional entitlements for some employees).

Under the National employment standards, Employees, including casual employees, are entitled to take leave to carry out certain community service activities such as jury service or voluntary emergency management activity.

Employees have the entitlement to make a complaint to work ombudsman if the employer deprives them from the:
• Pay
• Leave;
• Workplace rights.

Employment contract must not violate the any requirements of the statue. Both employer and employee can sue each other for the damages in case of breach of employment contract.

There are number of situations under which employment contract can be terminated. Such as;
• Fulfilment of the task;
• By operation of law;
• Expiry of the term;
• By mutual consent;
• Dismissal.

Employee must read and understand the each paragraph of the employment agreement. Because once it is signed, it becomes the legal agreement.

Net Lawman provides the following types of employment agreements. Such as:

Employment contract: senior standard
This is a standard, comprehensive employment contract for any senior, full time employee in any line of work. Its suitability for senior employees comes about because of the additional and broader provisions to cover intellectual property matters and other areas where a senior person may have scope to damage the business in the event of a dispute.

Employment contract: casual worker standard
This is a standard, comprehensive employment contract for any casual employee in any line of work.
It does not seek to provide set minimum requirements allowed under any particular Act, but instead, provides a sound contract of employment under the common law system.

Employment contract: fixed term senior staff
This is a standard, comprehensive employment contract for any fixed term, senior employee in any line of work. Its suitability for senior employees comes about because of the additional and broader provisions to cover intellectual property matters and other areas where a senior person may have scope to damage the business in the event of a dispute.

Employment contract: standard
Common law employment contract, suitable for all junior and middle ranking staff in any type and size of business

Editors’ notes:

For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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Related Documents:

Contract of Employment - Employment Agreements - Employment Contract Template - Standard Employment Contract

Non Disclosure Confidentiality Agreements

There are many terminologies used for the confidentiality agreements like NDA or non disclosure agreement. No matter what terminology is used the purpose of all the agreements is usually same. This agreement or NDA is very important for the organizations all over the world. In this fast paced world where employee turnover ratio is increasing with every passing day and people are changing vendors over the period of time, it is important to protect your trade secrets.

The basic purpose of any non disclosure confidentiality agreement is to protect the secrets of the company before the individual or the firm with which you are planning to do business actually signs the contract with terms and conditions. This way even if the deal does not closes, still the other party cannot misuse or use the trade secrets for own purposes. There are multiple scenarios in everyday life where you might be needing confidentiality agreement template like hiring an employee for a service based company, discussing plan, prototype or unique idea with the concerned part or planning to own the franchise. When the other part signs the NDA then it is liable to protect your secrets whether they get the deal or not. In any case if the information is disclosed, the party at stake can always sue the other party for disclosing important information.

Usually the agreement is prepared by the human resource department or the corporate lawyer of the company. The NDA can be used in multiple scenarios and both for protection of personal as well as business information. The agreement usually does not discuss about the nature of the information that needs to be protected rather it discusses the ways how the sensitive information should be protected by the other party involved in the transaction in case they get the deal or the drop the deal.

Asking the other party in transaction to sign the non disclosure confidentiality agreements makes the firm free to discuss all the ideas without any hesitation and fear about getting it leaked to direct competition or other stakeholders. The information can be as specialized as some chemical formula or as simple as concealing someone’s identity. It is totally up to the will of organization designing the NDA that they want the other party to keep the information to itself only or in certain situations they are allowed to pass it on to the consultants or employees affected.

Some of the most common scenarios in which the non disclosure confidentiality agreements are made include: when the firm is planning to introduce a new product in the market and they show the product to any advertising agency, obviously they do not want agency to tell anything about their product to direct competition before its launching campaign. Other scenarios can be when someone is purchasing the franchises right from a renowned brand; they are liable to keep the secrets of the brand they are dealing with. Disclosure of important trade able information with vendors, suppliers, consultants, lawyers, employees or the outsourcing agencies all can be asked to sign a NDA.

If small firms who do not have formal human resource department or corporate lawyers want to get the NDA signed from employees or other parties, they can look for the confidentiality agreement templates over the internet. These templates are sold at very reasonable fee. Some of the heads that your usual NDA includes are: Elucidation of the agreement, which information the organization considers as confidential, the non disclosure paragraph, the oath or undertaking of the other party that they would not try to steal the work force, ideas and the clients of the firm.

Editors’ notes:

For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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Related Documents:

Confidentiality Agreement Template - Confidentiality Agreements - Non Disclosure Agreement - Non Disclosure Confidentiality Agreements

Consultancy Terms and Conditions

In today’s fast moving world, everybody needs some documentation towards his/her amenities and services. Whether you are an individual or run a company, remember one thing. Before going to pay your services to any of the person or a giant company, you have to prepare your legal documents in terms of terms and conditions of your services. The legal documents are very important and necessary to avoid any future mishap and issues. Your documents are your assets and the only source which make you worthwhile and valuable.

Today, we are presenting valuable Consultancy terms and conditions document for individual consultant, self-employed persons of any field and giant consultancy firms.

Amidst your busy day to day schedule, this Consultancy terms and conditions document by Net Lawman will help you and assist you in an easy and simple way. One can use it as a Consultant Terms and Conditions, Consultancy Terms or Consultancy Agreement Terms. You can also apply this Consultancy terms and conditions document on repeat work, single job, paid or hourly work. Whatever is the type, this comprehensive and inclusive Consultancy terms and conditions document is mandatory.

The complete and easy to comprehend Consultancy terms and conditions document is suitable for:

A consultant or self-employed person in any field of life

A business using self-employed people

A client demanding or requiring a contract to set out trading / business terms with a consultant, self-employed person or a consultancy firm

This consultancy terms and conditions document is not for negotiation. It is however a final terms and conditions from your side for the client whether to accept it or leave it. To avoid any queries, issues and mishaps in future you must need some starting points for your relationship with your client or a self-employed person and this consultancy terms and conditions document is all about it. Remember another important thing that both the ATO and industrial tribunal will be permitted to look behind the agreement for the reality of the contract. In this regard, might be they ask some questions of these types:

• Is the contractor only work for me/us or does he works for others too?

• Does the client control the work mode or how the work will be done?

• Are the hours fixed by the client or it will be up to the contractor?

• Does the contractor work on the clients premises, using the client's equipment?

• To what extent is the contractor is at risk as a self-employed person?

• Is self-employment is normal for this kind of work? What is/will be the applications and features?

Above are some of the important questions you have to keep in mind before going to sign any contractor or dealing with a client as per our Consultancy terms and conditions document.

Not only this, this inclusive and exclusive consultancy terms and conditions document will also help you in many ways.

Some of the exclusive features of this Consultancy terms and conditions document by Net Lawman are as follows. These features will provide satisfactory and agreeable conditions to both parties.

• “Over-arching” agreements to be used for multiple assignments

• Consultant to work from home or office

• Flexible to suit the requirements of either or both parties

• Provides a complete framework

• Protects both sides

• Establishes as far as possible a self-employed status

• Reduces the chances for employer obligations to arise

• Contents

• Consultant's obligations

• Consultant's status

• Consultant's fees and expenses

• Duration and termination

• Data protection

• Insurance

• Confidentiality

• Intellectual property

• Appropriate legal provisions - warranties, exclusions, indemnities

• Explanatory guidance notes taking you through, step by step

Editors’ notes:

For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk

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