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Q: Hello
I have a small business and I'm in need of a standard services agreement to be drafted between ourselves and a third party?
It would also be useful to establish this as a template for future requirements.
We will be ready to brief it in the next week or so.
If anyone is interested please let me know.
Regards
Peter
A: Hi Peter
LegalVision can certainly assist with this – we are a full service commercial law firm and draft and review service agreements across a number of industries.
Here's an article that you may find helpful: https://legalvision.com.au/6-key-terms-in-a-service-agreement/
Thanks
Anthony
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Q: Hi simplyaskit community,
I'm looking for a lawyer to draw up agreements for my small business. I need to draw up a business agreement for new parties to sign and help write T&Cs for contracts and competitions. What sort of lawyer would I need to approach? Can an expert on this platform assist?
Thank you,
Natalie
A: Hi Natalie
Great to hear that you're starting a new business! Sounds like you'll need a commercial contracts/corporate lawyer to assist with drafting the Terms and Conditions. The type of business T&Cs will depend on the type of business you are running.
1) An ecommerce business or online store will require sales terms and conditions. These terms and conditions would generally be provided online through a clickwrap (click and accept) agreement.
2) A business that provides services will need a client agreement or service terms which set out the terms under which it will provide its services to customers.
3) A marketplace business will need a set of marketplace terms and conditions which set out its relationship with its suppliers and customers, as well as any relationships between the two.
Here's an article you may find helpful: https://legalvision.com.au/how-do-i-write-business-terms-and-conditions/ If you run a website, you'll also need a set of online legal documents (Privacy Policy, Terms of Use). If you're running an online competition, this article may be helpful: https://legalvision.com.au/running-online-competition-game-skill-include-terms-conditions/
If you have any questions, please don't hesitate to ask! Our lawyers can certainly assist you. Anthony
Natalie Hillar
7 years ago
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Q: We are in the process of early discussions with potential investors to grow our business and want to get some advice on shareholders agreement. It is a family owned business and want to know if we should have a shareholders agreement in place before any investors come on board or should we wait until we agree to terms?
A: Hi Lisa, it's great to hear your family business growing. I'm not sure the structure of your current business (whether it is a partnership or a company), however, generally a shareholders agreement should be in place as soon as there is more than one shareholder. If a shareholders agreement is drafted prior to bringing on investors it will be more founder friendly and drafted specifically for the needs of the business. However, some investors will insist on amendments to a shareholders agreement or that the agreement be based on their choice of template document or precedent. A business structuring lawyer can draft a shareholders agreement from your perspective for you to provide to investors, negotiate amendments or review an agreement providing directly by an investor and help negotiate founder protections into this agreement. Please let me know if you have any other questions. Anthony
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Q: Can an employer deduct superannuation payments from commissions?
A: Hi Michelle
Employers are required to pay you superannuation (a minimum of 9.50%) for the work you do during ordinary hours, which includes commission. Superannuation should also be paid for any other scheme where there are bonuses that relate to specific performance criteria. Shift loading, certain bonuses and allowances are also caught under the Superannuation Guarantee legislation for super payments.
Hope that helps.