Coronavirus & Your Business:
Important Updates

As a small business ourselves, we understand that this is a challenging, stressful time for so many in our community. We hope you’re taking care of yourselves despite all that’s going on. 
To help you navigate these times and understand your legal obligations, we’ve assembled a collection of resources to keep you up to date with the latest developments affecting small businesses. 
This page is a live resource, so be sure to check back regularly for the most up-to-date information in this rapidly changing environment. 
Handy Resources
Here are some useful resources for understanding and managing COVID-19’s impact on your business. 

The Fair Work Ombudsman’s guide to Coronavirus and Australian workplace laws
Our tips for protecting your business in the face of event cancellations

How We Can Help
With so much going on at the moment, it can be hard to know where to begin when it comes to legally protecting your business in the face of COVID-19.
As a totally online law firm, we’re committed to doing whatever we can to remotely support you. Here are some of our COVID-19 support packages to help you during this time:

50% off Contract Reviews. If COVID-19 has affected your business’ commercial contracts, our lawyers can review your contract and provide advice on the next steps you should take. Learn more. 
$350 Legal Consults For Employers. As an employer, you likely have a lot of questions about managing your employees during COVID-19. Our lawyers can provide an in-depth consultation to guide you through your options. Learn more.  
Discounted Contract Redrafts. Our lawyers can help with redrafting your business’ contracts to address any immediate issues you’re facing due to the rise of COVID-19. We’ll also be able to strengthen your contract so you’re protected in the future. Learn more. 

Above all, we hope you stay safe during these tough times. After years of helping Australian small businesses, we’re committed to doing whatever we can to keep this community thriving. We’d love to help our clients boost their businesses, so please get in touch at [email protected] if you’d like to promote your business to our network. 

The post Coronavirus & Your Business: Important Updates appeared first on Sprintlaw.

Congratulations, you have set up a new company and are now a director of a registered company! With all the signing of documents over, it’s time to roll up your sleeves and take your first few steps as a director of a new company. 
If you are wondering what you need to do first as a new director, you will need to get on top of what it really means to be a company director, understand your legal responsibilities, and get the hang of record keeping and organising files.
While there is a bit to get through, don’t be daunted. 
Once you get your head around everything, you’ll find that most of your responsibilities make good sense and the administration is relatively straightforward.
Read on below.
How Are Directors Different From Shareholders?
To start, it is worth clarifying how your new role is different to that of being a regular shareholder of a company.
Shareholders are different from directors in that the shareholders are simply the owners of the company. They are not responsible for the day-to-day managing and operating the company, but they do have a say in the company’s direction by voting. 
Directors manage the business day-to-day, and must act in the best interests of the company. As a director, you are not able to make decisions in your own interests at the expense of the company. Even if a Director is also a shareholder of the company, their duties as Directors must always come before their interests as a shareholder.
Know Your Responsibilities
Having cleared up the differences between shareholders and directors, you will now need to make sure you are aware of your duties as a director.
As a company director, you now have a new set of obligations, including what can be called the ‘big four’ areas:
To act with due care and diligence.To work in good faith.Not to improperly use your position.Not to improperly use information.
What Does Acting With Due Care And Diligence Mean?
The duty to act with due care and diligence means that you must be familiar with what is happening in your business and how it is operating and working, to the best of your ability. 
For example, you need to be aware of what is happening both operationally and financially, keeping watch to guide your company and attending your board meetings (and pay attention!). 
If you do not know about a particular area of the business, you must work to make the proper investigations and consultations to get on top of what you need to know in order to make good decisions for the company.
If in doubt, it is your duty as a director to seek professional advice (such as from an accountant or a lawyer) to help you make the right decisions for the company.
What Is ‘Working In Good Faith’?
As a director, your obligations will be to put the company first, and consider its interests ahead of your own.
For example, you may be faced with situations where you will need to make decisions that favour the company even when they disadvantage you personally.
These scenarios give rise to what’s called ‘conflicts of interest’, and as a director acting in good faith, you must avoid these situations.
What Is Considered Improper Use Of My Position As A Director?
Similar to the previous duty, this requirement means that you cannot use the company’s property for improper uses, such as for your own personal benefits or without the company’s authority. 
Examples of this may include abusing your position in order to hire unqualified family members and relatives or requesting business favours from others under the guise that, since you are the company director, your company will do business with them.
How About Improperly Using Information?
As a director, you will likely come across some great business opportunities or commercially useful information. However, your duty not to improperly use information ensures that directors do not take unfair advantage of their position. This means that, in some circumstances, you will not be able to take advantage of these opportunities unless you have the company’s approval.
Are There Any Other Duties I Need To Be Aware Of As A Director?
In general, there are a few other obligations you’ll have to meet as a director. These include:
Not trading while insolvent, which means not doing business if you know the company cannot meet its financial obligations.Keeping proper financial records, such as accurate financial statements, bank statements, contracts, tax returns, etc.Making proper disclosure of director’s interests.Lodging accurate information with ASIC in your annual statement.Making the company name known when you are trading under it, such as at your business address, on cheques, stationery, etc.Keeping track of your company’s decision making.
To keep track of your company’s decision making, you will need to keep written records called minutes. This is required even when you are the only director of your company, as the minutes can be made and signed by you.
So What Do You Need To Do Right Now?
1. Create And Maintain A Company Register 
Remember your duty to keep proper records? Time to start.
Begin with creating a Company Register. A Company Register is a folder (which can be physical or electronic) of all the important documents relating to your company.
Things you will want to add right away include:
Certificate of Registration
This is the document provided by ASIC that has the details of your company’s creation, such as the incorporation date, your Australian Company Number (ACN) and your company name.
Company Constitution (if you have one)
While incorporating your company, you may have registered your company’s constitution, setting out the rules of how your company will be run for shareholders and directors.
Any other relevant financial records or contracts
These documents can include any contracts you have formed since starting your business and any financial statements or general financial documents.
2. Organise Officeholders’ Consent Forms
One of the requirements of setting up a company is to get written consents of the people who will be your company’s directors and Company Secretary (if you have one).
This usually comes with most incorporation tools. It can also be downloaded on the ASIC website here.
Remember: you need to get these consents before you set up the company, so you should already have them by now. Make sure you keep records of these in your company register.
3. Start And Maintain A Shareholder Register
The best way to keep track of who the shareholders of your company are, and their interests, is with a Share Register. 
This document can be a simple spreadsheet setting out the names and contact addresses of all members (shareholders) and their transactions.
Enter and maintain a record of all your members in your Share Register, together with their transaction information, including changes to a shareholder’s name and address.
How To Issue Shares In A Private Company
To properly issue your shares, you will need new members to sign a Consent to Act as a Member document, which details the company’s decision to allow the new shareholders and their share allotments.
Once you have completed this consent, you can enter the new shareholders into your Share Register, create and sign your share certificates and send these to your Shareholders, as well as keeping a copy in your Company Register.
Finally, you will need to notify ASIC of changes in shareholding of your company. You can read more about ASIC’s process here.
Note that you will likely want to put in place a Shareholders Agreement to ensure that everyone is clear on both the company and shareholder’s rights or obligations. Read more here. 
Conclusion
While we have covered a lot of ground here, it is important to get on top of your new obligations as a company director. 
With your Company Register, completed Consent to Act as an Officeholder forms and Share Register, you have now addressed the immediate housekeeping required as a new company director.
If you would like more information about your role as a director, setting up your company or managing your legal obligations, we are here for you! Contact the team at Sprintlaw for no-nonsense legal help at 1800 730 617 or [email protected].
The post What You Need To Do As The Director Of A New Company appeared first on Sprintlaw.

Having established what you need to do first as a director of a newly-registered company, let’s look at what comes next after completing these initial steps.
After setting up a new company, we recommend that you register your ABN, complete your tax registrations and open a company business account.
Quick Recap
To get started, let’s briefly review the first steps you should have already taken as a new company director. As mentioned previously, if you have just become a new company director, you will need to:
Understand your obligations and duties as a director.Start and maintain a company register, collect your relevant company documents and records.Start keeping track of your company decision making by written minutes.Start and maintain a share register.Keep all your consents up to date.
With these immediate actions squared away, you can now start completing the following steps.
1. Register Your ABN
After you have received your Certificate of Registration, you can now register an Australian Business Number (ABN) for the company. 
An ABN is generally required for all businesses operating in Australia – not to be confused with an Australian Company Number (ACN), which all companies automatically have on incorporation. Be sure to apply for your company’s ABN first because you will be using this to complete the other registrations also.
You can apply for an ABN at the same time you are registering your company with ASIC. If you didn’t, don’t sweat! It’s easy to apply for an ABN online – and it’s free.
Don’t forget to store a copy of your ABN and any other registrations along the way in your new company register.
2. Register Your TFN
With your ABN in hand, you can now register a Tax File Number (TFN) for the company. This is because your company is now a separate legal entity, so it will need its own TFN for the end of financial year tax return and during the year BAS filings.
You can usually apply for a TFN when you apply for an ABN. Or, if you’re not sure, get help from your accountant and tax agent.
3. Register For PAYG
If you have employees (including yourselves as directors), you will need to register for Pay As You Go (PAYG) withholding and will need to withhold the correct amount of tax from your payments. This will also apply where you make payments to a business which has not registered for an ABN and should. PAYG withholding helps workers meet their tax obligations, and you must register before you are required to withhold tax for another person or business.
To clarify, PAYG withholding registration is different to PAYG instalments, which are periodic part payments towards your end of financial year tax bill.
Most companies will register for PAYG through their accountant, however you are able to register yourself on the ATO business portal here.
4. Register For GST
If you believe your company will generate over $75,000 in the financial year, you will need to register for and collect GST on your invoices. If you are not likely to exceed the amount for the current financial year, in the future be sure to register within 21 days of revenue exceeding the financial threshold.
For the $75,000 threshold, this will apply differently depending on whether you operate on a cash accounting or accrual basis. The primary difference is that on a cash basis, the income requirement will apply and be owed according to the amount of money that your business has actually received. On the other hand, businesses operating on the accrual basis will owe GST based on how much sale income has been generated, regardless of whether the business has actually received that income in the period.
If you are unsure which accounting method is best for your business, or which one you are currently using, contact your accountant. Your accountant can also help you register for GST, or you can do it yourself on the ATO business portal.
5. Open A Company Bank Account
Now that you have successfully registered your company with the tax office, you will be able to open a company bank account which you will need to use for making your company transactions moving forward.
How To Open A Company Bank Account:
In order to open your company’s bank account, prepare the following:
Authority to open a bank account. Most company setup packages will have a handy template document for this type of resolution, which requires you to declare that the company has decided to open a bank account and that all the company directors agree, with their signatures.100 points of identification. 100 points of ID can be made up by a range of documents, including your passport, driver’s license, medicare card, etc. If you are unsure how many pieces you will need, contact your bank manager.Details of all your company’s directors, secretary and members, together with their relative appointments dates.Your company’s Certificate of Registration.Your Company Constitution, if you have one.
Once you have these documents prepared, bring them to your bank manager who will be able to open your bank account for you.
Conclusion
If you have taken the steps above, congratulations! You have now completed your post company registration setup actions and are ready to focus on growing your business. 
However, don’t sleep on your other legal obligations. Be sure to keep accurate records throughout the year, be mindful of your directors’ duties and keep your company details up to date with ASIC and through your annual statement. 
If you would like help or more information about any of the above steps, be sure to contact us at Sprintlaw for qualified, fixed-fee legal help. Contact the team at 1800 730 617 or [email protected].
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If you’ve created an original work – like a website, book or educational program – you probably have a few questions.
Can I protect my idea? How can I copyright my idea? What happens if somebody steals my work?
In Australia, you can’t actually protect an idea from others using it freely.
However, once an idea is put down in some type of material form, it is given automatic copyright protection as an original work.
It’s important to remember that you don’t have to formally ‘register’ copyright as you have to do with, for instance, a trade mark.
Instead, once your creative idea is put down in some sort of material form, it’s generally given automatic copyright under the Copyright Act 1968.
So, what can you do?
Usually, the first step is drafting a Copyright Disclaimer.
When You’ve Created An Original Work: Copyright Disclaimers
What is a Copyright Disclaimer? Put simply, a Copyright Disclaimer is a legal statement in which you claim ownership over your work. 
You’ve no doubt seen the © symbol with some wording to follow about the copyright held.
Whether it be a book, a YouTube video, or even a pitch deck — having a Copyright Disclaimer attached to your work makes it clear to others that you own it. 
But the legal implications in the Copyright Act can make things a little tricky.
Your rights and obligations may differ depending on the type of original work you’ve created (we’ve broken down Australian copyright law here).
Before you actually put together a Copyright Disclaimer, it’s important that you speak with an experienced IP lawyer who can advise you of your rights and obligations under Australian copyright law, and what it means to have a Copyright Disclaimer.
When You’re Still In The Idea Stage: NDAs 
What if you’re still in the idea stage and haven’t actually made an original work yet? 
In this case, it may be too early for a Copyright Disclaimer. However, you might still be looking to protect your work in its early stages. 
There is no legal way to protect an idea under copyright law, but you can protect confidential information.
So, if you’re engaging with others in the early stages of your work and telling them about your idea, it’s always good to have them sign a Non-Disclosure Agreement (NDA).
An NDA is a legally binding agreement that protects your confidential information whenever you’re engaging in a commercial discussion with others.
For example, if you’re still pitching your idea to investors, having an NDA might be a useful way to protect the information you’re sharing.
If you want to know more about how an NDA can work for your business, we’ve written about it here.
Need Help With An NDA Or Copyright Disclaimer?
If you need help protecting your copyright – whether it be drafting an NDA or a Copyright Disclaimer – we’re here to help!
Our friendly team of lawyers can walk you through your rights and obligations under Australian law, and what you can do from there.
You can reach us on 1800 730 617 or drop a line at [email protected]. 
The post Want To Protect Your Ideas Or Copyright? Here’s How An NDA Or Copyright Disclaimer Can Help. appeared first on Sprintlaw.

Creating a culture of employee loyalty and engagement in the era of side hustles can be a difficult feat. 
One way to do this is to give employees ownership through either an Employee Stock Ownership Plan (ESOPs) or Employee Share Scheme (ESS).
ESSs directly issue employees shares, and ESOPs give employees the opportunity to acquire shares in their own company through a share option plan. 
ESOPs and ESSs are typically used to motivate and reward employees. ESOPs have gained popularity in the US, with over 6600 plans covering over 14.4 million people, and Australia is following suit after the 2015 Tax Reforms (more on that below).
So, if you’re looking to get your employees more invested in the business, an ESOP or a ESS may be the best strategy for you! 
How Can An ESOP Or ESS Be Taxed? 
Employees are taxed on the value of the shares/options that they are issued. The ATO essentially treats these grants as income, and they are effectively then subject to income tax. Unlike with wages (which is subject to PAYG withholding), the employee is responsible for paying the tax.
There are three different ways in which an employee can be taxed on a grant under an ESOP or ESS, as follows:
Taxed upfront scheme: this is the default position where an employee must include in their assessable income in the year that they acquire an ESS interest (either an option or a share)Deferred tax scheme: this is where the tax payable can be deferred for up to 15 years (subject to certain conditions being met, which you can find here). Start Up Concession scheme: this is where the discount is not reported as income, so no income tax is payable upfront or deferred. Instead, the shares are taxed under the Capital Gains Tax provisions.
Here, we’ll be talking about ESS and ESOPs with respect to the Start Up Concession scheme.
Key Factors To Consider 
Employee Share Scheme 
What Is It? 
With an ESS, a company allows their employees to purchase the company’s shares, often at a discount from fair market value. The shares may vest in tranches over a period of time, or based on certain individual or company wide KPIs being met.
If the employee leaves, generally the rights to unvested shares automatically lapse and the company can purchase back the vested shares at either fair market value or a discounted rate depending on the circumstances in which the employee leaves.
How Do Employees Participate?
As part of the Start Up Concession scheme, if you have an ESS, your start up must offer shares to 75% or more of Australian permanent employees with at least three years of employment at the company.
How Do Employees Engage?
Typically, ESS arrangements are simpler for employees to understand than an ESOP, as most people are familiar with shares as opposed to options to acquire shares. With an ESS, employee engagement is simple.
What Rights Do Employees Get?
If you want to access the scheme, then you need to issue ordinary shares – this allows the employee to have the same rights as other shareholders. They are then entitled to dividends and have the right to attend and vote at the company’s general meetings. 
How Much Will It Cost? 
The employee must pay a minimum of 85% of a share’s market value upfront. 
Things To Remember 
A private company in Australia (any company that is a Pty Ltd) can only have up to 50 shareholders, so bear that in mind when setting up your ESS.
Employee Share Option Plan 
What Is It? 
With an ESOP, the business issues the employees with options to purchase ordinary shares. These too are vested over time. Once the option vests, then the employee can exercise it by purchasing a share. 
How Do Employees Participate? 
There are no participation requirements for ESOPs. They can choose to distribute options under ESOP to as many employees as they want. 
How Do Employees Engage? 
Many employees do not understand the concept of options so they may perceive the value of an option over a share as lower, even though the end result is ultimately the same as an ESS. As such, generally you would need to spend more time explaining an ESOP than an ESS.
What Rights Do Employees Get? 
Only once an option vests and the employee exercises their option, the employee will be issued ordinary shares and at that point will have a right to receive dividends and have voting rights. 
How Much Will It Cost?  
When an option vests, the employee has to pay the exercise price for the option. This price needs to be fair market value of the underlying shares as at the date that the option was granted.  
Things To Remember 
While ESOPs grant the option to receive ordinary shares, shareholder rights only kick in once the options are exercised. 
Reforms to ESS and ESOPs in Australia 
From July 2015, the Australian Taxation Office (ATO) introduced a set of start up concessions for employees participating in ESS and ESOP set up by qualified start ups. 
Under the changes, employees participating in an ESS or ESOP have the ability to defer tax on a share or option that they’ve received from their company. This concession is only available for interests acquired after 30 June 2015. 
This means that the employee doesn’t have to pay tax until they have vested or exercised the option – that is, when they have received a financial benefit from them.  
There are, however, certain requirements a company must meet for employees to receive the tax and concession benefits. These include:
The startup must not be listed on any stock exchange – so it must be a private companyIts incorporation date must have been less than 10 years ago  The startup must not have an aggregate turnover over $50 million The startup must be an Australian resident company The employees must hold ESS interests for at least three years The discount on the share given to an employee must not be more than 15% of the market value If an option is given, it must have an exercise price that is greater than or equal to the market value of an ordinary share in the issuing startup 
On that note – did you know that there is a special startup valuation process that helps companies to help their employees take advantage of the tax and concession benefits? You can see the two valuation methods here. 
Talk to a Lawyer 
ESS and ESOPs can be extremely valuable to your company – both for the employee and the employer. If you’re looking for a way to retain your talent and entice people to work for your startup, then an ESS or ESOP can be beneficial. There are many rules that need to be adhered to, so it’s best to have a chat with one of our lawyers. We’d love to help create a plan for your business that will be rewarding!  
The post ESOP or ESS: Which One Is Right For My Business? appeared first on Sprintlaw.

What’s Involved In Capital Raising?
So you’ve started a business and you’re looking to raise some capital. Capital raising, whether it be from friends and family, or from investors, can provide significant growth opportunities if your business is looking for the next step forward. 
Capital raising is a complex process, from designing an investment structure and negotiating the terms of the deal, to preparing the legal documentation and completing corporate actions. We can walk you through your options and the best way to protect your company while achieving your business goals. 
When Should I Start Thinking About Capital Raising? 
It is important to know that the moment you start raising capital, there are extra stakeholders in your business. Raising capital can be a daunting process, but it has the potential to be extremely fruitful. 
Businesses that may benefit from capital raising include: 
High-growth businesses: businesses that have high-growth potential and will scale quickly are very attractive to many investors Businesses that need a large amount of funding: receiving funding from investors or venture capitals can, in some cases, be more successful than conventional debt financing sources, as they are willing to invest substantial amounts of money into businesses with potential Businesses whose funding isn’t urgent: receiving equity funding can be a lengthy process – it’s more than just filling out an application form!
The Different Types Of Capital Raising
Debt Raise
Debt capital is a means of funding where a company borrows money and agrees to pay it back at a later date. The most common types of debt capital used by companies are loans and bonds. While this may be a quick way to gain some funding for your company, it comes with a downside – interest. This interest is due to the lender regardless of business performance and revenue. 
Equity Raise
Equity capital is generated by selling shares of company stock, rather than borrowing money. In this case, the company is not required to repay the shareholder investment. The returns to the investors goes in the form of payment of dividends and stock valuation. 
Convertible Note Raise 
Raising capital for your company using a convertible note is a combination of debt and equity financing. Convertible notes are originally structured like debt instruments, but have a provision that allows the amount invested (and if agreed, interest) to convert into an equity investment at a future date. 
SAFE Raise
A SAFE raise uses a SAFE Note which involves the payment of an agreed sum of money, without the debt element. Similar to convertible note, it converts into equity in the future. Under this, an investor agrees to make a cash payment, that isn’t a loan, and is given a contractual right to convert this amount into shares when a pre-agreed trigger event occurs. As this payment is not considered a loan, interest does not accrue and if the conversion event is not triggered, equity is not issued and the payment is not repaid. 
What Documents Do I Need For Capital Raising?
Depending on the type of raise you’re using to secure funding for your company, different documents are necessary to protect yourself and your investors. The key terms of the investment are often agreed on through a short-form document called a Term Sheet before proceeding to the below long-form, legally binding documents. 
Debt Raise 
Loan Agreement – This agreement will be necessary to capture the deal you and your investor have agreed to. It will include provisions pertaining to the principal, interest and repayment schedule. It will also address the consequences of late repayment or default. 
Security Agreement – If there is a security, a security agreement will also be needed. A Security Agreement is usually signed in connection with a loan agreement, and it allows a party a right to hold a security interest over all past and future property of a business. This agreement allows the lender to register their security interest on the Personal Property Securities Register (PPSR) and make a claim over the secured property in the event the borrower defaults on the loan.
Equity Raise 
Share Subscription Agreement – This agreement is necessary to capture the relationship between your company and the investor. It outlines the promise made by the investor to make payments of funds in return for a determined amount of shares at a certain price. 
Shareholders Agreement – This is an important contract between business owners that governs how decisions are made, what happens when a shareholder wants to leave the company, how disputes are handled and other important matters. This is essential to your business, particularly as the stakes become higher. 
Convertible Raise 
Convertible Note – A Convertible Note is an agreement under which an investor lends money to a business, which is convertible into equity upon the occurrence of a specific event – usually in anticipation of an upcoming equity round.
SAFE Raise
SAFE Note – SAFE Notes are similar to Convertible Notes in that both instruments can eventually be converted to equity. However, the key difference is the flexibility and simplicity SAFE notes offer as they are not recorded as debt instruments.
At the equity round, both Convertible and SAFE Notes allow the the investor to convert their debt into shares at the same price as incoming investors minus a ‘discount’ which they receive in consideration for investing early.
Need Help With Raising Capital? 
It is a good idea to get a lawyer to assist you with this process, as there are many risks your business can be exposed to. At Sprintlaw, we have a team of innovative startup lawyers who can assist you from giving legal advice to drafting your legal agreements. We’d love to help your startup secure the funding it needs to grow! 
The post What You Need To Know About Raising Capital appeared first on Sprintlaw.

As a new business, one of your top priorities will be laying the foundations for healthy relationships with your customers.
When you’re striking deals and selling goods, you and your customers will need a way to know where you both stand in the transaction and what your rights and responsibilities are.
You’ll also need a way of protecting your rights and avoiding unnecessary disputes in the event a sale or deal goes wrong.
To help with this, it’s wise to have property drafted Terms of Sale for your business.
What Are Terms Of Sale?
Terms of Sale are the terms and conditions a buyer and seller agree upon. They are the terms that will govern the relationship between you and your customers.
Terms of Sale are basically Business Terms and Conditions, but you might have also heard of them as Client Agreements, Customer Contracts, or even Service Agreements. Regardless of the name, they all serve the same purpose: to form a contractual agreement between your business and its customers.
When Do I Need Terms Of Sale?
If your business is providing goods or services to a customer, it’s always wise to have terms of sales in place. 
Terms of Sale will serve as an essential part of any of your transactions by helping you identify what you can expect from your customers, and what they can expect from you.
Additionally, they are a great way of simplifying and streamlining transactions when you want your terms of business to be the same for every sale.
In the event something were to ever go wrong, Terms of Sale can make it clearer and more easily identified where you and your customer are positioned. 
Your Terms of Sale also provide a way of including disclaimers and protecting yourself from being held liable from customers for the wrong reasons. If you’re unsure of what disclaimers are or how they can help your business, check out this article for more information.
How Do I Use Terms Of Sale? 
Terms of Sale can sometimes be written as a formal contract to be signed between your business and your customers.
However, it is easier to have the terms written in a way that can be attached to the back of an invoice, form or proposal, and drafted in a manner that does not require your customer to sign it to agree to the terms.
Instead of requiring a signature, Terms of Sale can often include a paragraph that states something like: “Customers are bound by these terms of sales when they order, accept or pay for any services provided by us which are stated as being subject to these terms.”
But you can only do this if you actually do provide your terms to your customers. 
What’s Included In Terms Of Sale?
The contents of your Terms of Sale will be unique to your business, and may vary depending on the types of goods you’re selling. 
However, some details you can expect in almost every Terms of Sale include the price, method of payment, delivery, returns, warranties, and exclusions of liability.
Let’s break these details down.
Price
The price agreed upon between you and your customers.
Payment
When payment must be made, how it should be paid, if there are any up-front payments, and what will happen if payment is not paid by the due date (eg. late fees).
Delivery/Shipping
What is being delivered, how it will be delivered, the destination of the delivery, costs of delivery, and when delivery can be expected.
Returns and Refunds
The conditions for when a good can be returned or refunded, when the exchange must be done by, and if there are any fees in returning them. This must be consistent with the Australian Consumer Law (ACL).
Warranties
Whether or not a standard warranty is given, what the warranty covers, how long it lasts, and under what circumstances it will be void. Again, this must be consistent with the ACL.
Liability 
The extent your business is liable if something goes wrong or someone suffers a loss as a result of the product or service, which can include specific limitations to protect you.
Takeaway
Getting your Terms of Sale right is important for knowing where you and your customer stand in the transaction. It’s also key to limiting liability and protecting yourself in the event something goes wrong.
A strong Terms of Sale for your business will help you leave every transaction feeling safer and satisfied, as you’ll know what you and your customers can expect from each other.
That’s why if you need help establishing or improving your business’ Terms of Sale it would be wise to contact a lawyer and avoid standard templates to make sure your terms cover your specific situation and are up to scratch, saving yourself from potential headaches in the future.
At Sprintlaw, our team of experienced lawyers can assist you in getting properly drafted Terms of Sale, so check out our fixed-fee Terms of Sale package for Terms of Sale that are customised to your business’ needs. We’re available for a no-obligation chat on  1800 730 617 or at [email protected]. 
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Have an online business or online presence? If you are a business that needs an app, website or software, then you may need to pay a developer to create this for you. 
This is where a Development Agreement comes in. Put simply, a Development Agreement is a specific type of contract between your business and the developer who creates software for your business.
A Development Agreement has a range of uses in protecting your business. It can help with protecting the confidentiality and intellectual property of your business, and ensures both parties are on the same page about specifically what work the developer will provide, how much it will cost, and the timeline the work has to be completed within.
When Do I Need A Development Agreement?
Any time you employ a developer to make software for your business, it is prudent to get a Development Agreement.
A Development Agreement ensures you get what you’re paying for on time, and that the scope of the developer’s services is clear.  A Development Agreement for software is particularly important because it can be difficult to articulate the final product you want.
The Development Agreement might specify that you need to approve each stage of your business’ website development, for instance. If you want to make changes along the way, this could cost extra or cause delays, so it is important to be clear about how many changes you can make without incurring extra costs, and what time frame you expect these to be made within.
What Should I Include In A Development Agreement?
A Development Agreement should include the scope of work, specifications, and deadlines or milestones of your project. 
For instance, you should clarify at which stages in the development of your website the developer will need your approval before they can move on (otherwise known as acceptance testing). You might also want to specify how many changes the developer is willing to make without incurring additional cost. To ensure the software development sticks to your deadline, development stages are also important in a Development Agreement.  
You should also include clauses to protect your company’s intellectual property, restraint of trade, and confidentiality, as well as including warranties in case there are problems using the software.
Need Help With Your Development Agreement?
We can draft a Development Agreement tailored to your needs, with fixed-fee packages available. Get in touch with our friendly team of legal consultants on 1800 730 617 or at [email protected] to see how a Development Agreement could be useful for your business.
The post What Is A Development Agreement? appeared first on Sprintlaw.

So you’re running your own business – great!
Your first step is usually deciding on a business structure. Choosing your business structure is really important, and will depend on which structure suits your business’ needs the most.
The structure you use will affect everything you do as a business, from hiring employees to being able to scale up as your business grows.
So, it’s important to do your homework and get it right from the start.
This article will talk about two of the most common business structures – a partnership and a company. But what exactly is the difference between the two?
We know it can be a headache to think about this stuff, so we’ve got your back!
A Partnership Structure
A partnership structure is where multiple people run a business together as partners.
How Does A Partnership Structure Work?
Put simply, a partnership does not separate the business from its partners.
This means that if something were to go wrong in the course of business, you could be held responsible for your partner’s mistakes.
The pros? Partnerships are quite easy to set up and also easy to dissolve, with little administration costs. Unlike a sole trader, you can share the workload and management of your business with your fellow partners.
However, since the business is not a separate legal identity, this means that partners can be personally liable for other partners’ mistakes (which is the last thing you want!).
This structure also makes it a little difficult to raise capital, which could be a red flag for tech startups who want to appeal to investors in the future.  
If you’re thinking about a partnership structure for your business, you should:
register your business name,register an Australian Business Name (ABN) and Tax File Number (TFN) for tax purposes, andsign a Partnership Agreement between you and your partner(s).
Note: partnerships are regulated according to what state or territory they operate in. More information can be found here.
A Company Structure
A company is where one or more people set up an entirely separate legal identity as shareholders.
How Does A Company Structure Work?
A company exists as a legal identity separate from any business owners or founders.
Rather than partners, companies have “shareholders” and “directors”.
Shareholders are the legal owners and controllers of the company, who appoint “directors” to make all the decisions (yes, you can be both!).
Getting to know the difference between shareholders and directors can be tricky. Australia’s corporate regulator, ASIC, has more information on this here.
There are different types of companies, but the most common ones are called “Proprietary Limited” companies. These are also called private companies.
Registering your business as a company offers the most protection from potential risks.
This is because the company is a separate legal identity from its shareholders, which means they have “limited liability”. Their liability is limited by the value of their shares, and shareholders generally cannot be sued for any company mistakes.
Being a separate legal entity also means that the company can keep the business’ most important assets safe, such as $$ and intellectual property.
And, if you are thinking about raising capital, this structure makes it pretty easy to do so.
The cons? It’s not cheap!
There are a lot more admin and costs involved with this option, so be prepared to put some of your cash in maintaining your company structure.
For starters, ASIC takes an upfront $488 fee for company registration.
If you think a company structure is right for your business, you should:
register an ABN and an Australian Company Number (ACN) with a TFN for tax purposes, andsign a Shareholders Agreement between you and your shareholders.
Think a company structure suits your business but want some more advice? We can help! Find us here.
A Partnership Structure Vs. A Company Structure
So, we’ve run you through some of the basics. But how do you know what’s right for your business?
When deciding which business structure best suits your business, it really depends on your individual circumstances.
What’s important to your business? How much liability do you want to protect yourself from? How much cash do you have in your pocket?
Some people might choose a sole trader structure because it is simple, low-maintenance and cheap. This is great if you’re starting out alone, without a lot of resources or capital behind you.
But as your business grows, many sole traders (and partnerships) consider setting up a company.
For startups, for example, things may get tricky when co-founders leave, or when they try to raise capital.
A company structure offers a lot more protection against risk and disputes than a partnership, so we encourage choosing this option from the very beginning!
Remember – your business structure affects everything – including your tax obligations. So it’s a good idea to talk to an accountant for some tax advice too.
Next Steps…
If you’ve decided on your business structure, that’s great news!
Our team at Sprintlaw is happy to help you get your legal documents in good shape. Get in touch with us here.
Still unsure? We’re here to help!
The Australian Government provides lots of information on partnerships and company structures, or you can read our legal guide on business structures.
Otherwise, we’re happy to answer any questions you might have or help guide you in choosing an appropriate business structure.
The post What Is The Difference Between A Partnership Structure And A Company Structure? appeared first on Sprintlaw.

Competitions are a great way for many businesses to promote the goods and services they provide.
They can also help to get traction and lead to growth for your business.  
At first glance, it may seem simple to get one up and running.
However, there are strict rules and regulations in each of the States and Territories when it comes to trade promotions and competitions.
If you’re unsure about whether you need a permit for the competition you want to run, don’t fret.
Here are the need-to-knows when it comes to running a competition in Australia
What Are The Types Of Competitions?
There are two types of competitions a business can run:
A game of chanceA game of skill
What’s the difference?
A game of skill tends to require more effort from the entrants.
Most of the time, people who enter games of skill need to create an original piece of work as their entry.
You don’t need to provide the reasons as to why the entrants did or didn’t win but it’s a good idea to keep a record of your judging process.
The winner of the competition is chosen for their skill.
An example of a game of skill is a competition which asks its entrants to answer a question in “25 words or less” or submit a unique piece of work like a photo or video.
On the other hand, the winner of a game of chance is based on pure luck.
Entrants don’t need to demonstrate any skill in a game of chance.
Examples include entering your email address or tagging a friend in a facebook post, in exchange for an entry.     
I Am Running A Game Of Chance – Do I Need A Permit?
Depending on what State you’re based in, you might need to purchase a permit to run a game of chance, whether it be offline or online.
For games of skill, you generally don’t need a permit.
Depending on the State or Territory in which you wish to run the competition, you may need a permit.
New South WalesAccording to the liquor and gambling regulations in NSW, all games of chance require a permit. You can get one from NSW Fair Trading here.South AustraliaA permit is needed for all competitions if the price of the prize is more than $5000. Apply here.Northern TerritoryA permit is needed for competitions where the value of the prize is more than $5000. Apply here.Australian Capital TerritoryA permit is needed for games of chance where the value of the prize is more than $3000. Apply here.Victoria, Queensland, Western Australia, TasmaniaNo permit needed.
Do I Need Anything Else For A Competition?
Once you’ve got the relevant permit, you have to consider the legal docs you might need before opening your competition to the public.
It’s important to know that, regardless of whether you’re running a game of chance or a game of skill, you will need well-drafted competition terms and conditions and a privacy policy that complies with the Australian consumer protection laws and the Privacy Act.
These terms & conditions will outline the essential provisions that need to be made clear between you and the entrants.
These provisions include the eligibility criteria of the participants, competition duration, how the prize can be claimed and what happens if the winner is unable to claim their prize.
For a game of chance in New South Wales, Queensland and Victoria, there are a few extra things which you need to consider.
A game of chance requires that the draw must occur within 12 months of the permit being issued.
Once the winners are decided, they must be notified and published within 48 hours of the draw occurring.
Winners of a game of chance have to be provided with at least three months to collect their prize.
If the prize is worth more than $500 you must publish a public statement of the winners online or via print.
It’s important that your terms and conditions have the relevant information included in them as it promotes fairness and verifies the genuineness of the competition.
What To Take Away…
Running a trade promotion or competition is a great way to boost the visibility of your business.
A competition permit may be necessary to ensure that your competition is fair and reasonable, along with competition terms and conditions.
If you’re unsure about where to start when it comes to the legals of running a competition for your business, feel free to contact us on 1800 617 730 or send us an email at [email protected]  – we are here to help!
The post Competitions – Do I Need A Permit? appeared first on Sprintlaw.

In every startup’s journey, there will be a time when you need to do some capital raising to grow the business.
There are many ways you might source this money.
As you’re considering your options, you’ve probably come across the concept of “convertible notes”. Well, what are they?
In this article, I’ll be breaking down what you need to know about convertible notes so you can decide whether it’s something you want to use to help your startup grow.
Why Should I Use A Convertible Note?
A convertible note is useful when the valuation of your startup is uncertain. As a founder, you’ll obviously want a high valuation, while investors will try and negotiate you down.
Instead of getting bogged down with this negotiation, convertibles allow you to raise money and rely on a more vigorous valuation at a later Series A round.
You can use the initial investment to help your company grow, and when you get to the Series A round, hopefully your valuation is more accurate.
The other advantage of convertible notes is that they are also quick to execute. This is because it is an accepted standard and you generally only need to negotiate a few key clauses.
What Is A Convertible Note?
Basically, a convertible note is a type of capital raising which has elements of both debt and equity.
For more information on the different types of equity financing, have a read of this article: How Does Equity Financing Work?
On a basic level, equity means that investors will get shares in your company, in return for the money they invest.
Debt on the other hand comes with the obligation to pay back the money. The investor (often just called the “lender”) usually gets an interest payment in return.
Now, when I say convertible notes have elements of both debt and equity, it’s basically a loan to begin with, which converts into equity after a certain period of time.
How Does A Convertible Note Work?
An investor who sees potential in your startup might want to invest in your company in return for equity.
In other words, this means giving you money in return for part ownership in your company.
But it can be difficult to raise equity, especially when it comes to valuing your startup.
There are various ways to value a company, but basically it is a reflection of how much your company is worth, or will be worth. However, it’s difficult to know exactly how much a startup will be worth, especially in its early stages.
This is why a convertible note is attractive to many startup owners because the valuation of the company isn’t decided until the debt converts into equity.
In simple terms, this means that you receive cash investment now, but you don’t have to turn it into equity yet.
So, the valuation of your business is delayed and you can use the investment money to help your business grow.
Your investor will then decide a “trigger event” – i.e. when the debt is converted into equity – which is generally when you start you raise your next round.
What Are The Key Terms That Are Negotiated?
Discounts
One of the key features of a convertible note is that it provides a discount for investors.
The discount will act as a reward for an investor who is taking a high risk in investing in a startup.
A discount will give your investors extra shares in your company when it converts to equity.
The number of extra shares they get will be based on a percentage agreed between you and your investors when drafting up the convertible note.
Valuation Cap
The valuation cap is the maximum price at which the initial investment will be turned into equity.
If you don’t set a valuation cap with your investors and you end up getting a very high valuation in your Series A, the investor might end up with a tiny percentage of the company.
This is especially the case if your startup grows exponentially and the valuation of your startup is much higher than expected.
However, an investor usually invests in a startup to get a decent return. And this expectation is reasonable given the risk that they’re taking.
And so, to protect themselves from this, most investors will insist on a valuation cap.
If the Series A valuation is higher than the cap, the investor gets to convert their investment into equity under more favourable terms.
What To Take Away…
Thinking about the capital raising options for your new business is important.
You have many choices at your disposal and picking the right one for your company is crucial to its success.
Convertible notes are attractive to investors because of the many options they offer.
Are you considering using a convertible note to help raise funds for your startup?
Or do you need help thinking of alternative ways to raise capital for your business?
Make sure you know how to navigate the conversion terms and details of the agreement between you and your investors!
If you need advice on where to start, feel free to contact us at [email protected] or give us a call at 1800 730 617 – we are here to help!
The post What Do I Need To Know About Convertible Notes? appeared first on Sprintlaw.

You can’t always hold onto your employees forever – but it can be a hassle to hire and handover to a new person.
That’s why employees are often required to give ‘notice’ to resign.
By making employees give notice of their resignation, the idea is that the employer has enough time to prepare for the change.
What happens if an employee resigns without notice? It is even legal?
First we need to ask…
…What is notice?
When an employee resigns, they may be required to tell the employer in advance that they are going to resign – i.e. give ‘notice’ to their employer.
This can be either verbal or in writing.
The amount of notice an employee needs to give can be set out in a variety of places – the employee’s award (that is set by law), the employment contract, an enterprise agreement or any other registered agreement. As a guide on how much notice is required, you can use this tool on the FairWork Ombudsman website.
An employment contract can extend the employee resignation notice period, but cannot make it less that the minimum set out in an award or agreement.
The employee resignation notice period starts the day after the employee gives notice that they want to end the employment and ends on the last day of employment.
What to do when an employee resigns
When your employee gives you notice of resignation, you generally have 2 options.
You can make them work for the rest of the notice period; orYou can allow the employee to leave early and pay them in lieu of notice.
You may have your reasons for doing either – and that’s fine!
The thing to remember at the end of the day is that you need to pay your employee everything you owe them. That’s all their accrued entitlements, leave and, if you let them leave early, their pay for the notice period.
Make sure you get what you’re entitled to as well. Ask the employee to return any property or confidential information that they may have in their possession.
What happens if an employee resigns without notice?
Now we’re onto the tricky situation: Resignation without notice.
You can’t exactly force an employee to show up to work each day.
So what’s stopping an employee from resigning without any notice and not showing up to work anymore?
Well, aside from the legal stuff, a large factor would be to avoid annoying too many people.
Many employees want to maintain a good relationship with their employers even after they leave. That way they can get a good reference and maintain their personal network that could help with their future career.
In addition, there is a monetary benefit to sticking out the notice period.
If your employee fails to give the required notice, you may be able to withhold the equivalent amount from the employee’s final pay. This all depends on what it says in their award or agreement.
You should look at the award, employment agreement or registered agreement to see what rules apply to each of your employees.
What happens if an employee gives too much notice?
It’s possible to have a super organised employee who gives you more notice than required.
As the employer, you don’t have to accept this extra notice.
You only need to let an employee work, or pay them in lieu, for the minimum notice period.
When your employee gives you extra notice, you should tell them whether you accept the full notice period or whether you only want them to work the minimum notice period.
What to take away…
Employee resignations are hard enough as it is. At least when your employee gives notice, you have time to get everything in order and prepare for the transition.
Most of the time, your employee should give you sufficient notice.
If your employee doesn’t give you notice, you may not have to pay them for the notice period.
Being on top of your employees’ notice periods can make things easier to manage.
If you need help figuring out what rules apply to your employees surrounding notice, feel free to get in touch with us at Sprintlaw and we’d be happy to help.
The post When An Employee Resigns Without Notice, Is It Legal? appeared first on Sprintlaw.

SaaS Terms and Conditions is a legal document that sets out the terms and conditions by which users can use your Software-as-a-Service (SaaS) platform. It is an important contract that clarifies acceptable uses of your software, details the software’s features and disclaimers, and can help to limit your liability to users if something goes wrong.
When Do I Need SaaS Terms And Conditions?
If you’ve created a SaaS product, you should ensure you have terms and conditions in place before launching. If your SaaS product is also available to users via a desktop installation, mobile app or otherwise, you should ensure the terms and conditions are accessible to those users.
How Do I Use It?
You should require your users to agree to your SaaS T&Cs before they use your software or register a user account. In addition, if there are any particularly important clauses, disclaimers or risks associated with your software, it’s a good idea to display the SaaS T&Cs in a prominent position so that your users are unequivocally aware of them.
Usually, you can use a simple check box for users to select to that states “By signing up to the SaaS subscription, I agree to the Terms and Conditions & Privacy Policy”.
SaaS Terms And Conditions Example
Will has created a software tool that allows users to manage employee work rosters. There is a 30 day free trial and then a monthly subscription fee if users want to continue using it. Will wants to make sure that he has the right to revoke access to any users that haven’t paid their subscription. To achieve this, Will requires all users to create an account and check a box stating that the user agrees to the SaaS T&Cs.The T&Cs contains a clause giving Will the right to revoke the accounts of any users who fail to pay, together with other details about how the software can and cannot be used, limitations and disclaimers about the software, and a privacy policy detailing how information uploaded to the system will be handled by the software.
What’s In It?
Here are the sorts of issues that are typically covered in your SaaS T&Cs.
ACCEPTABLE USE – Do you want to set any limitations on the way users can use your SaaS (for example, to distribute junk mail or spam)?USER CONTENT – Will you allow users to upload content to your SaaS? If so, you should make sure that the users promise that they have the rights to the content. Also, you need to think about any restrictions of the sort of content they can upload (eg illegal or offensive materials).PAYMENT – Are payment made through your platform? If so, what is the payment process? What is your refund policy?SERVICE LIMITATIONS – What level of service can you promise? Do you want to set any limitations on the level or services users can expect? What happens if there is downtime or if the service has bugs? What happens if your software is hacked and user data is lost or stolen?DISCLAIMERS & LIABILITY LIMITATIONS – To what extent would you be liable if something goes wrong or someone suffers loss as a result of using the SaaS?PRIVACY – How do you collect and use users personal information? Who can the user contact if they have questions or requests in relation to their personal information?
Need Help With A SaaS Terms And Conditions?
Putting together SaaS T&Cs can seem like a daunting process, as it’s hard to know what to include and how to word it. It’s a good idea to get a lawyer to assist you with this process, as it’s a one-off cost that can save you from disputes and liability in the long run.
At Sprintlaw, we have a team of experienced lawyers can assist you with drafting or reviewing SaaS T&Cs. Get in contact with one of our consultants for a no-obligation chat on how we can help you put together SaaS T&Cs and help with any other legal issues your business may have.
The post What To Know About SaaS Terms & Conditions appeared first on Sprintlaw.

When you’re running a business, you exchange contracts all the time.
You’ll have contracts with your customers, your business partners, employees, suppliers, manufacturers and independent contractors.
And, usually, these contracts create legally binding obligations for your business.
With each contract, it’s always important to understand what you’re getting yourself into. You’ll need to determine whether the contract’s terms are clear, fair and tailored to the specific needs of your business.
This is where a Contract Review comes in.
Put simply, these reviews ensure you understand what you’re signing up to.
But exactly why do you need a lawyer to review a contract?
Here are 3 reasons why.
1. A Lawyer Can Tell You The Key Legal Risks And Issues Associated With The Contract.
While a contract might seem simple and straightforward at a quick glance, a good lawyer will be able to identify any legal risks and issues that may be contained within the contract.
Lawyers are trained to interpret law and its implications in practice — particularly if any terms would be deemed ‘unfair’ and therefore void under Australian consumer law.
An experienced lawyer can tell you what looks normal in a contract, and what particular clauses might not look right.
For example, imagine you are a business reselling goods from another business that manufactures the product.
Ordinarily, you’d have some form of a Manufacturers Agreement, which would spell out the terms of supply, delivery, payment, liability limitations and more.
However, the manufacturer may not be clear enough in the contract about their obligations to deliver the supplies in time for your business. Worst-case scenario: this could result in angry customers who haven’t received their products in time because the manufacturer didn’t uphold their end of the deal.
This potential issue could have been solved much earlier on if the manufacturer’s obligations were made crystal clear in the contract.
And, sometimes, when a party gives you a contract, they might have some terms that would seem a little unreasonable.
Under the Australian Consumer Law, there are rules around when a contract term might be deemed ‘unfair’ and could, therefore, be made void. This is where a lawyer’s advice is helpful.
An experienced lawyer will be able to advise you of any key legal risks and issues in a contract — whether it be something that’s missing from the contract or something that shouldn’t be there at all.
2. You Can Understand What The Contract Means For Your Business’ Future.
Beyond just advising you of the risks associated with a contract, a lawyer can also help you understand what a contract means for your business going forward.
Some contracts might automatically terminate at a certain date, and other contracts might continue indefinitely.
Either way, signing a contract binds your business to certain rights and obligations. And it’s important to make sure you fully understand what those are.
For example, you could be running your own freelancing business.
And, often, clients might ask you to sign contracts with particular restraints of trade or intellectual property limitations.
As part of your freelance work, you could have created a software platform for a client, but the contract you signed with them might stipulate that you don’t actually own any of that intellectual property. Instead, that contract could have effectively ‘assigned’ that IP over to your client.
This would significantly affect your business, as often there is ‘existing IP’ in the work you created for them that you would need to reuse for future clients. Having a lawyer review your contract will ensure you don’t give away this important IP through a contract.
Another example is when a contract might contain a restraint of trade clause.
This means you’ve engaged with another business, and their contract with you might have stipulated that you are not allowed to engage with any direct competitors in the industry even after the contract job is completed.
For a small freelancer, agreeing to this term this could significantly limit your client base.
As such, you have to be careful not to sign up to obligations that might affect how you run your business in the future.
So, it’s important to speak with a good lawyer who can walk you through the contract, your rights and obligations under it, and what it means to you.
3. A Contract Review Ensures You Get A Good Deal.
When you’re having a contract reviewed, it’ll involve more than just a lawyer telling you what the contract means for your business.
A good commercial lawyer will also advise you of any key opportunities that can come out of this contractual relationship.
As the lawyer will be familiar with the specific type of contract you’re dealing with and the industry in which it operates, they’ll be able to tell you what you can do to make the most out of this business relationship you’re entering into.
In this way, speaking with a lawyer is a smart business strategy. It allows you to understand what business opportunities may come out of the contract you’re signing; something that can benefit both parties.
For example, let’s say you’re a tech startup preparing to raise capital.
Capital raising can be a really exciting time, and you want to make the most of it by negotiating the best deals with investors.
When an investor gives you a term sheet or proposes changes to a Shareholders Agreement, an experienced startup lawyer will help you understand what these documents mean for your business’ future and if there’s anything else you can do to negotiate a better, mutually-beneficial deal.
Particularly as your startup could have the potential to grow significantly in the future, you want to make sure that you set out beneficial contractual terms from the very beginning so your interests are protected.
Need A Lawyer To Review A Contract?
Whether you’re unsure about a contract you’re about to sign, want to understand obligations you have from a former contract, or are simply not sure what a contract means for your business — it’s wise to have a lawyer step in.
A good lawyer can help advise you of the contract’s key issues, what it means for you, and how you might be able to negotiate a better deal.
While a document might look simple and straightforward, some contracts could be tied to very complex areas of law. Plus, some contracts might have unfair terms which would be void under the Australian Consumer Law.
If you need help understanding the legal ramifications of a contract, we’re here to help!
Come and chat to our friendly team on 1800 730 617, or drop us a line at [email protected].
The post Need a Contract Reviewed? 3 Reasons Why You Should Speak With A Lawyer. appeared first on Sprintlaw.

Sprintlaw in 2019
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At Sprintlaw, we’re a small team on a big mission to change legal services for businesses.
And 2019 was a big year for us.
In only our third year running, we reached more clients across the country, our team tripled and we received a number of top industry awards.
And, while our journey started off with a focus on making things easier for small businesses and startups, we’ve recently started helping corporate enterprises too.
We’re so grateful to everyone who’s supported Sprintlaw so far. Here’s what we got up to this year and what’s ahead for 2020. 
We Just Raised $1.2 Million.
We’re thrilled to announce that we’ve raised $1.2 million in our first equity capital raise. Thanks to the support of a collection of strategic angel investors, we’ll be growing and developing proprietary tech solutions for the legal industry. Read the official press release here. 
We’ve Spoken To Over 7000 Startups And Small Businesses.
To date, we’ve listened to over 7000 startups and small businesses from all corners of the country when they needed legal help.
Our clients range from local businesses, online businesses, international enterprises and tech startups. We’ve made access to top corporate lawyers as easy as ordering something online.  
We Won (A Lot!) Of Awards.
This year, Sprintlaw received quite a bit of national attention in both the startup space and the legal industry.
On the legal front, we were crowned Innovator of the Year at the Australian Law Awards. Our co-founders also won Lawyers Weekly’s 30 under 30. 
Some of our team members were also finalists in Lawyers Weekly’s Women in Law Awards.
Plus, we won the legal award for Sydney Young Entrepreneur, were finalists in the Australian Young Entrepreneur Awards, and scored nominations in a number of awards in the broader startup space. 

Our Team Tripled In Size.
Almost three years ago, Sprintlaw began with two co-founders on a mission to change how legal services are done.
We now have an incredible team of 15. And we’re continuing to grow, as we prepare to roll out our graduate program for new lawyers early next year.
Unlike a traditional law firm, Sprintlaw runs like a tech company. Our legal, tech, marketing, clients and operations teams work closely each day on new products and approaches that’ll make legals easier for our clients.
Our team members work flexibly to support their work-life balance; whether it be from Sydney, Melbourne, the Sunshine Coast or even the ski fields of Canada. 
Just the other week, our team celebrated our 2019 achievements with our end of year party – check us out below! 

We Launched Sprintlaw Counsel.
As featured in The Australian, in August we launched a subscription legal service for businesses of all sizes: Sprintlaw Counsel.
It works like a monthly phone plan. Businesses pay a subscription fee to outsource their routine legal work to a Sprintlaw legal team — freeing up their team to do more meaningful work.
And there’s no more wondering how your legal team is running up big bills! Our fixed-fees leave no surprises, and our online portal lets you monitor how your legal work is progressing in real-time. 
If you’re interested in these tailored packages, check them out here.
We Hosted Our First Event.
With interest and innovation in legal tech rapidly growing, it’s a pretty exciting time to be an online law firm. But sometimes we miss seeing our clients’ faces! 
It was great to catch up with clients in July at our first Founder Conversation, as Tom Baker from coffee liqueur company Mr. Black shared the highs and lows of his startup journey.
At this fireside chat, we enjoyed connecting with like-minded business owners and experiencing the buzz building in Australia’s innovation ecosystem.
In case you missed it, a little recap of the evening is below.

We Moved To The Commons.
In February, we moved into The Commons — a creative, collaborative co-working space with offices in Sydney and Melbourne. 
Our Sydney office, which is 100% powered by renewable energy, connects us with a diverse startup community that values growth, innovation and sustainability. 
An added bonus: there’s a rooftop basketball court!
What’s Next For Sprintlaw?
2019 was a big year for Sprintlaw. 2020 is set to be even bigger.
We’ve got some epic plans ahead. We’ll be growing globally, further developing our in-house proprietary tech, and shaking up the way business contracts work for everyday business owners. 
Follow our 2020 on Instagram, LinkedIn, Facebook and Twitter. 
Want to be part of the process? Email [email protected] to see how you could be part of the team. 
We can’t wait to continue sharing our journey with you!

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Sprintlaw secures $1.2 million in capital raise
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Sydney, 19 December 2019: Tech-powered legal startup, Sprintlaw, has today announced that it has secured $1.2 million in its first equity capital raise.
Funding came from a collection of strategic angel investors and will be used to support Sprintlaw’s growth and development of proprietary tech solutions for the legal industry.
Founded in 2017, Sprintlaw is pioneering NewLaw in Australia — operating completely online to connect startups and small businesses with cost-effective, user friendly legal solutions. Over the past three years, Sprintlaw’s team of expert lawyers and technologists have provided legal help to over 7,000 businesses.
This latest announcement comes as the law firm caps off a high-growth year in 2019. This year saw Sprintlaw’s revenue grow by 250% and it received recognition from the legal industry’s most prestigious awards bodies, with the startup’s wins including Innovator of the Year at the Australian Law Awards. Sprintlaw’s co-founders, Alex Solo and Tomoyuki Hachigo, were also named winners of the Sydney Young Entrepreneur Awards.
Making waves in the legal tech space, Sprintlaw created the award-winning, cloud-based legal knowledge management tool ‘Sprintyard’. The company has also developed over 100 custom-built intelligent bots to automate legal tasks, allowing their team to perform legal work more efficiently than traditional firms.
In August, the startup also launched Sprintlaw Counsel — an enterprise legal solution that allows in-house legal teams, law firms and corporate businesses to outsource their ‘business as usual’ legal work to Sprintlaw.
Following this funding round, the startup will continue its growth and expand its tech development, with Sprintlaw co-founder Alex Solo saying:
“We’re excited to welcome our new investors on board as we enter our next phase of growth. The funding will enable us to build on our success so far by investing in developing more innovative legal tech, improving our service offering and growing our client base.”

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What is a
Founders Term Sheet?
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Posted by Justine Wu on 18 December 2019

A Founders Term Sheet is a contract setting out the key points of agreement between co-founders of a business or new project. 
Also known as a Founders Agreement, this important document governs important matters such as ownership of the business, how decisions are made, what happens when a co-founder wants to leave the business and how disputes are handled.
Typically, a Founders Term Sheet is not a legally binding contract. However, it’s still really important — it can shape future contracts as it frames discussions between the parties down the track. 
When Do I Need A Founders Term Sheet?
A Founders Term Sheet can be used for new businesses, startups and projects at the very beginning of the planning process.
It’s a helpful document that can be used to brainstorm key commercial terms and foreshadow potential disputes. By outlining where both parties stand, a Founders Term Sheet can actually help avoid future disputes as drafting a document together forces the parties to discuss sensitive issues up front. 
Additionally, a Founders Term Sheet is a useful tool to structure and guide a dialogue between founders — ensuring that some of the big issues in a business are considered and planned for from the beginning. It can help manage you and your co-founders’ expectations and responsibilities from the start.
Because a Founders Term Sheet doesn’t have to be legally binding, your business has the flexibility to change the terms later.
How Do I Use A Founders Term Sheet?
A Founders Term Sheet can be used in negotiation between founders. To potential investors, it shows your business is organised, professional and has thought through any potential pitfalls and conflicts. 
Plus, a Founders Term Sheet can form the basis of what will later go into your Shareholders Agreement. If you want more information on what a Shareholders Agreement is, you can check out this article. 
What Should I Include In A Founders Term Sheet? 
Here are some things you should consider outlining in your Founders Term Sheet: 

What the founders’ responsibilities are
How will the founders be paid 
How many hours each founder is expected to contribute
What will happen to the business if a founder wants to leave
How decisions will be made
How the equity of the business will be divided
Ownership of intellectual property 

Need Help With Your Founders Term Sheet?
When you’re considering putting together a Founders Term Sheet, it can be difficult to know where to begin or what you should include. 
But we’re here to help! For a one off fee, you can take the stress out of creating your Founders Term Sheet. 
Our expert lawyers can help with drafting and reviewing Founders Term Sheets; ensuring they are prepared effectively and reflect the terms you’ve agreed upon with your co-founders. 
Get in touch with our friendly team of legal consultants on 1800 730 617 or at [email protected] to see if a Founders Term Sheet could help your business.
 

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About Latest Posts Justine WuJustine is a legal consultant at Sprintlaw. She has experience in civil law and human rights law with a double degree in law and media production. Justine has an interest in intellectual property and employment law. Latest posts by Justine Wu (see all) What Is A Founders Term Sheet? – December 18, 2019 New gift card laws – what do I need to know? – December 11, 2019

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New gift card laws – what do I need to know?
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Posted by Justine Wu on 11 December 2019

Christmas is close and, for many, this is the most vital time of year for your business.
As you prepare your festive offerings for your customers, you may be relying upon gift cards to be one of your biggest selling products over the holiday season.
And you’re not alone. Gift cards are rapidly gathering steam, with an increase of 25% growth within the last 5 years in Australia, and an annual estimated value between $1.5 billion and $2.5 billion. That’s a huge amount! 
However, if your business is offering gift cards, there are some new legal changes that you need to be aware of. 
As of 1 November 2019 inclusive, gift card laws have changed. The Australian Consumer Law has introduced more protections for gift card consumers across Australia. 
It’s important that, no matter how small or large your business is, you get your head around the new gift card laws and ensure you’re meeting your obligations.
Why Should My Business Use Gift Cards?
Gift cards are great for consumers and businesses alike! You may be considering or already using gift cards for the following reasons: 

To increase recognition of your business. Gift cards are free advertising. When one person buys your gift card, they are passing it on to another, thus expanding your customer base. 
To add value to your business. In order to use the entire value of the gift card, consumers will often have to make multiple visits to your website or physical store location. This means that they may very well end up spending more than the original value of the gift card at your business! 
To support the image of your business as trustworthy and inviting. Gift cards are a fun present — they represent an experience of choice. A gift card implies that the giver trusts your business and believes it to have quality goods or experiences that they’re keen to recommend to their friends.
To create convenience for both you and the consumer. Gift cards are quick and easy to purchase, and allow part of the decision-making to be left to the gift card recipient — taking a lot of the stress out of gift-giving! 

Why Have Gift Card Laws Changed?
The Australian Consumer Law (ACL) is a national law that exists to protect the consumer. One of these ways the ACL protects consumers is through guaranteeing the consumer certain rights when purchasing goods and services.
Previously, businesses across Australia were able to set their own expiry date on gift cards. 
This led to huge wastage and disparity among gift cards, with research finding $148 million was wasted by consumers in Australia last year (or around $77 per person) through not redeeming gift cards. 
The new gift card laws give the consumer greater protections than before, through streamlining expiry dates across Australia and giving the consumer certain guarantees. More information can be found on the Australian Consumer Law website.
How Have The New Gift Card Laws Changed? 
The new gift card laws came into effect from 1 November 2019 all across Australia. 
They contain three key stipulations for businesses:

    Gift cards must have a minimum three year expiry period
    The expiry period has to be prominently displayed on the gift card
    Your business’ terms and conditions can’t allow for ‘prohibited post-supply fees’ to be charged. You also can’t demand or receive a payment of a post-supply fee.

Let’s break it down! 
Gift cards must have a minimum three year expiry period
This date starts from when you sell the gift card, which is otherwise known as the ‘supply date’. 
If you want to have an expiry period longer than 3 years, or if you don’t want to set an expiry date at all, that’s completely fine, too! 
NSW Fair Trading introduced this 3 year minimum expiry to most gift cards in NSW back in March 2018. But for other states, these new laws are essential to get on top of. 
The expiry period has to be prominently displayed on the gift card
How can you ensure your gift cards properly comply with the requirement to prominently display their expiry date?
To satisfy this requirement, at the very minimum, you need to state at least the month and year of expiry on the gift card. 
Let’s say, for example, that a customer bought the gift card on 5 December 2019. To prominently display the expiration date, if you’re setting the minimum 3 year expiry period, you could simply write on the card: “Supply date: 5/12/19. This card will expire in 3 years.” 
If there is no expiry date, or if the card expires after a period longer than 3 years, this needs to be written on the gift card, too.
What are prohibited post-supply fees? 
These are fees such as account keeping or activation fees. They don’t include things like booking fees, replacement gift card fees, fees for exchanging currencies, or payment surcharges.
What Do I Need To Do To Comply With The New Gift Card Laws?
You need to make sure your business is complying with these new gift card laws to avoid getting a penalty or fine. 
According to Australian Consumer Law, you should update your gift card terms and conditions on your website, the physical and online gift card, promotional material, internal systems, training and compliance manuals, signage on gift card displays and at point of sale.
You’ll also need to make a note of the changes in your terms and conditions on any receipt issued when a gift card is purchased. 
Importantly, even if you didn’t know about the changes, the new gift card laws still apply. 
This means anything you wrote on any cards issued on or after 1 November 2019 won’t apply if it doesn’t comply with the new laws. 
For example, let’s say you issued a gift card on 5 November 2019 with an expiry date of 12 months from the date of purchase written on the gift card. This is now void, and the consumer will have 3 years from 5 November 2019 to use the gift card. 
What About Gift Cards My Business Issued Before 1 November 2019?
No worries, the new laws don’t affect these. The original expiry date you set on the card will still apply!
Does The Three Year Expiry Apply To All Gift Cards?
No, the 3 year expiry period doesn’t apply to all gift cards.  
Some examples of gift cards that are exempt from these new rules include:

Gift cards that are redeemable for a good or service that is only available for a specified time, like a ticket to see a concert. 
A gift card for a particular good or service that is supplied at a genuine discount on the market value. For example, a ‘particular good or service’ could be getting a wheel alignment on your car. In comparison, a ‘non particular service’ would be a voucher up to a certain amount to have any part of your car serviced. A gift card could thus avoid the 3 year minimum expiry if you offered a $50 wheel alignment that was normally valued at $90, for instance. 

The new changes also don’t apply to gift cards that were supplied to a charity or not-for-profit. 
There are various other exceptions to these new gift card rules — you can find a full list here. 
What Doesn’t Count As A Gift Card?
Things that don’t count as a gift card include articles that can only be redeemable for electricity, gas or a telecommunications service, or things that are redeemable for goods or services and can have their value increased after they are sold.
What To Take Away
If your business sells gift cards, you should update your gift card terms and conditions to be in line with the new laws, and to avoid getting a penalty. 
You should also make sure all of your promotional material and business information is in line with the new minimum expiry date rules.
Sprintlaw is here to help. If you have any questions, feel free to get in touch with us at 1800 730 617 or [email protected].

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About Latest Posts Justine WuJustine is a legal consultant at Sprintlaw. She has experience in civil law and human rights law with a double degree in law and media production. Justine has an interest in intellectual property and employment law. Latest posts by Justine Wu (see all) New gift card laws – what do I need to know? – December 11, 2019

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Influencer Agreements – What Are They?
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Posted by Abinaja Yogarajah on 11 December 2019

So you’re scrolling through Instagram and you see Kylie Jenner’s ‘paid partnership’ ad with Adidas. She’s making at least one million dollars per sponsored Instagram post.

As a company, if you’re thinking of amping up your marketing efforts, you might have heard about the concept of influencer marketing. 
Influencer marketing is a form of social media marketing where influencers (either as individuals or organisations) endorse products and services through their social media.

Influencer marketing can increase traffic, generate buzz and can considerably boost your reputation and credibility.

It is now a billion dollar industry and is a big part of the future of online marketing. If you’ve never used influencer marketing before, you may have a few questions.
An extremely important part of engaging an influencer is to get a good Influencer Agreement in place in order to secure the deal, protect yourself and your brand reputation. 
What Are The Risks Of Engaging An Influencer?
Here are some things you should be aware of when you’re considering engaging an influencer. 
Fake Followers 
It is important for social media marketers to know that many influencers purchase followers, or have bots constituting their follower count.

If an influencer has lots of followers, you should at least turn your mind to the possibility of fake followers.

It is essential to find a good and transparent way to validate an influencer’s followers for fake ones or bots. 
The best way to check the genuinity of an influencer’s instagram account is to enter their handle into a bot analytics tool or a statistics website such as Social Blade. 
Generally if there are sudden spikes of growth in follower numbers that don’t correspond to a significant event – this may be a red flag and something to consider!  
Inconsistent Content Strategy 
Things can get a little confusing when social media campaigns have multiple creators working at the same time on marketing briefs, creative content, captions, scheduling posts and ensuring posts go live as planned. 
While you may have a vision of what your marketing campaign should look like, your influencer may not completely understand it.

Always be sure that every instruction you send to your influencer is extremely clear and consistent with your brand. 
Two Words: Fyre Festival
If you missed the Netflix documentary, let us fill you in! Fyre Festival was an event promoted by multiple influencers and social media titans, without any proof of the concept.

Socialites, models and celebrities promised extravagant beachside benders. People then flocked to the Bahamas only to find feral dogs, missing luggage and tents used for natural disaster relief as accommodation.

Many of these influencers’ loyal fans did not only feel betrayed by Fyre Festival’s organisers, but the influencers themselves as well. 
If scandals like these teach us anything, it is the importance of making sure you and the influencer are clear on what you’re promising, particularly as they are incredibly effective in reaching wide audiences. 
This was particularly the case with YouTuber PewDiePie, who in one of his videos included anti-Semitic remarks and Nazi imagery. 
This unacceptable content lead to the loss of his sponsorship with Disney’s Maker Studios, and is a notable example of how engaging influencers can potentially damage your brand’s reputation. 
What Do I Need To Know About Influencer Marketing Laws?
Whether you are a brand wanting to engage an influencer or an influencer yourself – it is important to consider the legal issues surrounding these relationships. 
The Australian Association of National Advertisers Code of Ethics requires influencers to disclose that a post is a paid endorsement of a product or a service. 
Although these Code of Ethics are non-binding, this is where the Competition and Consumer Act comes in. 
By not disclosing that a post is an advertisement and that influencer is being paid to promote it, the influencer could potentially be breaching the law and may be considered misleading and deceptive conduct. 
It is important to have an Influencer Agreement in place in order to minimise the risks of misleading or deceptive conduct.
Things To Consider In Influencer Agreements 
Even with all the risks of engaging an influencer, they can be incredibly effective in promoting your brand. 
To ensure you get the most out of the relationship, it’s important to have a solid Influencer Agreement in place. Here are some key things you should consider when you’re putting together your Influencer Agreement. 
Setting Clear Expectations For Work And Remuneration
As there are many risks to engaging an influencer, it is important to be clear about the scope of work expected from them. Will you be writing their captions for them? Will you have to approve the final draft of the post?
As a brand, remuneration is also an important factor to discuss with your influencer. Will they be paid per post or will they be paid an agreed amount to promote the brand however they see fit?  
Setting out these expectations clearly in your Influencer Agreement ensures you’re on the same page from the beginning, and helps prevent disagreements down the track.
Who Owns The Photos The Influencer Is Posting? 
Copyright and intellectual property concerns arise when you start to consider who owns the content the influencer is posting to social media platforms as part of your agreement. Are the images owned by your brand or the influencer? Or by the platform (eg Instagram)? 
By default under law, copyright is owned by the creator of the content. However, when you agree to Instagram’s terms and conditions, you agree to licence the rights to the platform for them to use the content created by the user. 
It is really important that the brand and the influencer agree on any assignment or rights of ownership, particularly if the brand wants to own the content. 
As influencer marketing is a new and growing field, the laws haven’t quite caught up yet. In a grey area like this, it is crucial to have a solid agreement in place to protect yourself. 
Copyright Infringement In Influencer Marketing
If your influencer uses an image that infringes another trade mark or infringes on copyright in any other way, you also want to be protected for these scenarios.

One of the first cases that arose in this area was a suit brought by Ultra Records against influencer Michelle Phan for allegedly using background music in her post without permission. 
Although the case settled, the real concern of copyright infringement in influencer marketing arose. 
It is important to address any liability concerns for IP infringement in your Influencer Agreement in order to completely protect your business and brand.
Is The Influencer An Independent Contractor Or An Employee? 
Another important thing to consider is whether to engage your influencer as an independent contractor or an employee. 
Will you be giving them ongoing work or is this a one off engagement? 
If you are giving your Influencer ongoing work under your direction, they are likely to be classified as an employee. 
Alternatively, if they are given complete autonomy over the way they complete the work, it more likely to be a contractor relationship. 
The Fair Work Ombudsman consider this distinction to be very important, and is something to consider and address in your Influencer Agreement.

Exclusivity: Can The Influencer Work With Your Competitors?
Exclusivity is something you have to discuss with your influencer. 
Will the influencer be able to produce content for your competitors or related brands? Can your brand be mentioned alongside other brands or do you want their posts to only include your brand? 
It is essential to work these restrictions and specifications by the way of exclusivity clauses in your influencer agreement in order to completely capture the essence of your brand and vision. 
Talk To A Lawyer
Having an Influencer Agreement is an extremely important document to protect your brand and secure your revenue streams. Whether you are a brand engaging an influencer, or an influencer promoting a brand, we can help!

If you have any questions, or think you might need an Influencer Agreement, you can reach us on 1800 730 617 or email [email protected].

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About Latest Posts Abinaja YogarajahAbinaja is a legal consultant at Sprintlaw. With an interest in tech and intellectual property, she’s worked in the technology industry while studying a law degree at Macquarie University. Latest posts by Abinaja Yogarajah (see all) Influencer Agreements – What Are They? – December 11, 2019 Rent-A-Chair Agreements In The Hair Salon Industry – November 27, 2019 How To Sign A Contract Using E-Signatures – October 28, 2019

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Disclaimers: How They Can Protect Your Business
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Posted by Regie Anne Gardoce on 3 December 2019

When you first think about legal help you’ll need for your business, you might hear people tell you that you’ll need a disclaimer.
If you’re offering goods or products that have risks, having a disclaimer is important for ensuring your customers are aware of these risks and that you’re fully protected.
What Is A Disclaimer?
A disclaimer is a simple legal document that excuses you from liability.
It sets out that both you and your customers are on the same page about what goods and services you provide, and that anything beyond that should be their own responsibility.
Why Do I Need A Disclaimer?
Put simply, you’ll need a disclaimer whenever your business is carrying some sort of risk.
At Sprintlaw, we’ve spoken to thousands of small businesses and startups who provide a wide range of goods and services, and ultimately expose themselves to some type of risk.
And the last thing you want as a small business is to be liable for something outside of your control.
Having a solid disclaimer in place makes it clear between you and your customers on what goods and services you’re providing, and anything beyond that is beyond the scope of your liability. 
When Can I Use A Disclaimer?
Depending on your business model, what goods and services you’re providing, and who you interact with, there are many different ways in which a legal disclaimer could protect your business.
Let’s go through two simple examples.
First, let’s say you’re running an online store that sells beauty products. 
You might be manufacturing these particular products and your online buyers could be purchasing these products for themselves, as a gift or reselling to others.
As such, you might not be aware of how far your products could reach (and what people could do with them).
For a small business with a tight budget, the last thing you want is to be held liable for someone not using your product properly, or relying on it for something for which it was not intended.
There’s always a risk that customers may have different expectations when they’re purchasing your products than what you originally intended. They may also try to use your products for purposes for which they were not designed.
This is where a legal disclaimer comes in.
In this particular case, a disclaimer will spell out that your beauty products (such as skin care or hair products) do not constitute any sort of therapeutic medical advice, and should therefore not be relied upon as such.
And, in scenarios like this, you’ll also want to make sure people follow the particular instructions pertaining to each product (some of your products may not be recommended for certain skin types, for example).
A second example of when a disclaimer can be useful is when you are providing some sort of coaching or mentoring support — whether that be through an online fitness program or a mobile phone application.
Here, a legal disclaimer can work for your business by making it clear to your customers that your services do not constitute any sort of medical advice and should therefore not be relied upon as such.
Does A Disclaimer Exclude Me From All Types of Liability?
An advantage of having a properly drafted legal disclaimer is that you can run your business without worrying about customers holding you liable for the wrong reasons.
But it’s important to make sure you’re doing it right.
You might think that it’s simple to quickly write up a disclaimer and be excused from all types of liability, but this isn’t quite accurate. 
As with any legal document, you cannot excuse yourself from liability if your particular products or services are subject to regulations that state otherwise.
This is particularly true in industries where you might need a licence or to be registered in order to provide particular goods or services, in which case there may be certain rules for how you exclude liability.
If this is the situation you’re in, it’s a good idea to seek a specialist who can advise you of your obligations.
Otherwise, a good lawyer can help identify the main risks for your business, how a legal disclaimer might work for you and how to do it right.
What Else Do I Need?
While having a disclaimer is always a good start, there are other legal documents you will need to make sure you’re fully protected.
A disclaimer can simply be included in your general Business Terms and Conditions. This is a much more comprehensive document that will also include terms around payment, delivery, supply and liability limitations to make sure you’re protected.
And, if you’re collecting personal information from your customers, you’ll also need a Privacy Policy that sets out how you use that information.
Lastly, whenever you’re operating your business out of a website, it’s always important to have simple Website Terms & Conditions. This will govern the rules when people use your website (so that you won’t be responsible for anything that goes wrong while others use your website!).
As such, it’s a good idea to speak with a qualified lawyer who can tell you what legal documents you need to think about for your business.
Need Help With A Disclaimer?
If you’d like to get started with a disclaimer, we can help!
Our team of lawyers have worked with hundreds of startups and small businesses across Australia who want to make sure they’re protected as much as possible — so we understand your concerns.
You can reach out to our team at [email protected] or 1800 730 617.

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About Latest Posts Regie Anne GardoceRegie is a legal consultant at Sprintlaw. She has experience across law and tech start-ups, while still completing her Bachelor of Laws and Bachelor of Commerce at UNSW. Latest posts by Regie Anne Gardoce (see all) Disclaimers: How They Can Protect Your Business – December 3, 2019 Seven Steps For Setting Up An Incorporated Association in NSW – December 2, 2019 Why Non-Disclosure Agreements (NDAs) Are An Important Tool For Your Business – November 26, 2019

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