Terms and Conditions
The software and associated intellectual property of www.businessmentor.com.au (referred to as
this site) is the sole and exclusive property of Grigor Investments Pty Ltd (ACN 080 252 142).
Grigor Investments Pty Ltd owns and provides the commercial information and commercial documents
that appear on this site.
All legal documents and information are supplied and owned by Mendelawitz Morton, Commercial
Lawyers of 39 Richardson Street, West Perth WA 6005. To provide an Australia wide
service, Mendelawitz Morton has associations with various law (and accounting) firms throughout
Australia. Each of these law firms will provide you with legal advice in respect to any matte
associated with the legal documents generated via this site, or such other advice as you may
request from time to time.
The legal documents have been specifically drafted to suit general situations. Each document
description/explanation explains what type of clauses appear in each document. Mendelawitz Morton
assume that the person ordering a document has read these explanations before purchasing
the document in question.
More importantly, Mendelawitz Morton assumes that you have the requisite knowledge to
identify that a specific document is required for a business and that the person ordering the
document understands why it is needed and what its effect is. The majority of our clients are
professionals (including Accountants, Financial Advisers and company incorporators) that consider
many of the documents we sell on a daily basis. If however you are not a professional person, it
is essential that you ensure that the document you are about to purchase, is the correct one for
your circumstances. If you have any questions concerning whether a document is suitable for a
purpose, please contact us at your convenience.
After you have purchased an agreement/document please read it to ensure that it meets
with your requirements. If you need to have any clause altered or new clauses added, this can
easily be arranged. In these cases, we will either make the alterations ourselves or refer you to
an associate to make those changes for you. In whichever case, the law firm will charge you their
standard fees for the time spent on those amendments.
For the avoidance of doubt, the documents listed as commercial documents (or which carry a C
beside them) are not legal documents. Absolutely no legal advice is being given in respect to
commercial documents.
Access to and use of this site are subject to the following terms and conditions. If you do not
agree to these terms, please do not use this site.
INTELLECTUAL PROPERTY
When a legal or commercial document is purchased, you will be purchasing a non-exclusive
licence to use that one document in the format that it is provided to you. Under no circumstances
are either Grigor Investments Pty Ltd or Mendelawitz Morton transferring or assigning to you
any intellectual property in the document that you purchased.
All documents completed on BusinessMentor.com.au carry a unique order number. Documents
purchased by you are not to be altered after they have been sent to you or downloaded via the
BusinessMentor.com.au system. If you change the parties to the document without using the
BusinessMentor.com.au system, you are stealing. If these circumstances are found, we will not
hesitate to take legal action. More importantly, that document will not have been prepared by us
and therefor will not be covered by our Professional Indemnity insurance policy.
Any document downloaded by you and subsequently altered to suit your needs (by you, not using
the BusinessMentor.com.au software in conjunction with Mendelawitz Morton) and sold to third
parties, will be stealing. If these circumstances are found, we will not hesitate to take legal
action. More importantly, that document will not have been prepared by Mendelawitz Morton and
therefor will not be covered by our Professional Indemnity insurance policy.
PRIVACY POLICY
We respect the privacy of the visitors to this site. The following policy explains the
circumstances under which we may collect personal information through this site, and how we may
use that information.
Personal Information
We will not collect any personally identifiable information about you, such as your name,
address, telephone number or email address ("personal information") through this site unless you
provide it to us yourself.
Circumstances in which you may choose to provide us personal information include: providing
your name and mailing address while entering a contest so that we may notify you if you win,
providing your email address so that we may send you information that you may request, or
registering as a user so that you may gain access to a particular section of the site. If you do
not wish for us to collect any personal information about you, do not submit it to us.
When we do collect personal information that you provide to us, we may store, process and use
it for the following purposes:
- to send you information you have requested such as information about us, BAS, ASIC or
Superannuation reminders;
- promotional information about our products, or details of any offers or promotions;
- to allow legal, accounting and other professional firms with which we have a referral policy
with in your;
- State/Territory, to be able to contact you directly to resolve any questions that they may
have regarding;
- information required to complete a document that you have requested while using
BusinessMentor.com.au;
- to assist us in improving our products, services or the content of our site;
- to contact you in connection with a contest or promotion;
- to send you products that you may have purchased on our site; or
- for our own internal marketing and research purposes.
We may also provide personal information to an agent acting on our behalf in connection with
the activities described above. We will not sell, rent, or in any way intentionally disclose
personal information that you provide to us on this site to any third party (other than an agent
acting on our behalf as described above), unless:
- we are required to do so by law, regulation, warrant, subpoena or court order; or
- such disclosure is part of a sale of all (or substantially all) of the assets of
BusinessMentor.com.au; or
- such disclosure is part of a State/Territory Licence Agreement concerning the intellectual
property rights of BusinessMentor.com.au.
Cookies
While you are visiting this site, we may store some information ("cookie") on your computer's
hard drive. This allows us to tailor the BusinessMentor.com.au site to your individual preferences
and save time if you visit the site again. It also helps us study the browsing patterns of our
visitors and improve our web site design and content. Most internet browsers allow you to set them
to warn you before a cookie is stored or block cookies altogether.
Through the use of "cookies," we may automatically collect some technical information which is
not personally identifiable. Examples of this include the type of internet browser you are using
and the domain name of the web site from which you linked to our site. We may aggregate this type
of information for market research purposes and to improve our web site. We do not use cookies to
obtain personal information about any of our visitors.
Bulletin Boards and Chat Rooms
From time to time, portions of our site may allow you to post information which other visitors
to the site will be able to access (such as on a "bulletin board" or during an interactive "chat"
with other visitors). If you choose to post information in this context, it becomes generally
available to the public, and we have no ability to control or limit its use by visitors to our
site. Accordingly, we encourage you not to post any information you consider private or sensitive
on our site.
Security & Policy Changes
If we change our privacy policy, we will post these changes immediately on the site. We
encourage you to check this page periodically to ensure that you are aware of our current privacy
policy.
Contact Information
If you wish to contact us in connection with this Privacy Policy you may do so, by clicking on
the "Contact Us" button on this site.
LEGAL SERVICES - INFORMATION AND TERMS
COSTS DISCLOSURE GUIDE
As a requirement of Rule 16A of the Professional Conduct Rules before a legal practitioner
enters into an agreement with a client, the legal practitioner has to provide the client with a
brief written statement which sets out how the relationship between the legal practitioner and
client will work.
The information that we are required to tell you is set out below. When you receive this Costs
Disclosure Guide, you will also receive our Contract for Supply of Legal Services, which is the
written agreement that follows, between you and Mendelawitz Morton concerning the provision of
our legal services to you.
Many of the things in the Costs Disclosure Guide will be repeated in the Contract for Supply of
Legal Services, but we are required to repeat them. Please read this document carefully and if
there is anything that you do not understand, please ask us to explain it to you or feel free to
seek legal advice from another legal practitioner about what the Costs Disclosure Guide means.
How we calculate our professional fees - Our professional fees are calculated based on a fixed
cost per document ordered by you.
How we calculate our Disbursements and Office Costs - We will not invoice you for either
disbursements (being costs that we incur on your behalf) or office costs (being administrative costs
that are incurred in working on your file, that are not included in the professional fees that are
charged you).
Your Right to Receive a Bill of Costs - As a client, you are entitled to receive a Bill of Costs
for any legal services that we do for you and that we bill you for (a Bill of Costs is the technical
name for the GST Invoice that we give to you). Our normal GST Invoice for a fixed price service will
show a lump sum figure. You can ask us to give you an itemised GST Invoice, which sets out the
details of the work done for (just like the itemised summary) and we must give that to you.
Our Billing Arrangements - You are required to purchase credits prior to ordering any legal
document from BusinessMentor.com.au. The legal work that we will be doing for you is done
immediately after you submit your answers to a series of questions. The completed document can
either be printed or saved to your hard drive. The choice is yours.
The Legal Practice Act 2003 - The Legal Practice Act 2003 makes it law that a legal
practitioner and a client may enter into a written costs agreement which sets out the fees and
costs to be paid by the client and the terms of the contract between the legal practitioner and
the client. The Contract for Supply of Legal Services is the name that we give to the costs
agreement that we will enter into with you.
When we enter into the Contract for the Supply of Legal Services, we are not permitted to enter
into an agreement that is unreasonable and if you believe that the agreement you entered into with
us is unreasonable, you are allowed to make an application to the Supreme Court to have the terms
of the agreement reviewed.
Your Right to a Review of Costs by Taxation - The Legal Practice Act 2003 also allows you to
have your GST Invoice "taxed" by a Taxing Officer of the Supreme Court. After you receive your
itemised GST Invoice you are given 30 days to serve on us a written notice of your intention to
have the GST Invoice "taxed". In the Legal Practice Act 2003 the GST Invoice that we give you is
referred to as a Bill of Costs. The process of "taxing" in the Supreme Court has nothing to do
with the paying of taxation in the way most people understand. It is a process where the Taxing
Officer examines the GST Invoice and the work done for you and makes sure that the items that you
have been charged have been detailed correctly and the work actually done and that you have been
charged at the correct rate.
CONTRACT FOR THE SUPPLY OF LEGAL SERVICES
This Contract for Supply of Legal Services sets out the terms and conditions upon which AM
Palmer & Associates will accept your instructions in respect to the preparation of a legal
document. When you click the acceptance button on the registration page and confirm that you have
read these terms and conditions, you have agree to these terms and conditions.
In this Contract for Supply of Legal Services: when we use the words "us", "our" or "we" it
means Mendelawitz Morton; when we use the words "you", "your" or client it means you (and any
person instructing us on your behalf); that has entered into this contract. "This contract" means
this Contract for Supply of Legal Services.
The professional fees of Mendelawitz Morton (in respect to reviewing and (if necessary)
amending any legal agreement ordered via the BusinessMentor.com.au software) will be calculated by
reference to a fixed price payable for each document ordered. The cost of each document listed on
the site does vary, so please ensure that you check the price before purchasing any document.
If you require additional legal advice / services, these will be provided by Mendelawitz Morton.
Professional fees charged by Mendelawitz Morton for their staff, are at hourly rates
(ex GST), as follows:
| Principal Solicitor / Partner |
$350 |
| Senior Associate / Solicitor |
$250 |
| Solicitor (with more than one years experience but not an Associate) |
$200 |
| Junior Solicitor (less than one years experience) |
$130 |
| Outside clerk (Filing/attending to stamping of documents) |
$100 |
You may be required to lodge the document for an assessment of stamp duty, however this will
carry additional charges - the stamp duty assessed on the document and the cost of the outside
clerk in attending the Office of State Revenue.
Disbursements are charged as follows:
| Photocopying |
$0.60 per single sided page |
| Facsimile |
$0.50 per page, sent or received |
| Binding |
$5.00 per document copy |
| File Opening Fee |
$20.00 per file |
Alternatively, Mendelawitz Morton will introduce you to an associate, whether because
the advice required is specialised, or because the advice needs to be provided in another
State/Territory. You will need to enter into a legal services agreement with this law firm as
well.
GST Invoices
All prices for documents generated via BusinessMentor.com.au are GST inclusive. Each invoice
will relate to the purchase of credits to be used on BusinessMentor.com.au. Given that all
documents are a fixed price your GST Invoice will not be itemized, but will show a lump sum.
Alternatively, you may have reached a written agreement with either Mendelawitz Morton or
Grigor Investments Pty Ltd that you are to receive monthly invoices. These GST Invoices will be
payable within 7 days from date of the GST Invoice. Interest may be charged on any GST Invoice or
part of any GST Invoice, which is not paid within 14 days from the date of the GST Invoice. Any
interest charged will be at the rate of 3% per 28 day period and the interest will accrue from the
date the invoice was due to be paid and will be capitalised to your account every 28 days.
Your Right to End this Contract
You may end this contract and terminate your instructions to Mendelawitz Morton at any time,
without giving any reason. If relevant, Mendelawitz Morton will render you a final GST Invoice.
Your Obligations to Mendelawitz Morton
While this contract is in place, you agree that you will tell Mendelawitz Morton:
- your current home, business and postal addresses and if any of those addresses change, you will
immediately tell us the new addresses, so that we can update our records;
- your current home, business and mobile telephone numbers and if any of those telephone numbers
change, you will immediately tell us the new telephone numbers, so that we can update our records;
- your current email address and if that email address changes, you will immediately tell us your
new email address, so that we can update our records;
- promptly reply to any letters, telephone calls or emails sent to you and promptly provide any
information that is asked for;
Continuing Agreement
You agree that the terms and conditions of this contract apply for the benefit of Mendelawitz Morton
and that the terms and conditions of this contract will continue to apply to Mendelawitz Morton
while that party receives any instructions for you, even if there is any change or
alteration in the partners or constitution or legal structure of Mendelawitz Morton.
You also agree that the terms and conditions of this contract can be relied upon and enforced by
Mendelawitz Morton, as we are legally structured from time to time, so that the benefit of this
contract can be transferred and assigned to any future legal structure of Mendelawitz Morton,
whether that future structure be a differently constituted partnership, a multidisciplinary
partnership or an incorporated legal practice.
What matters or instructions are bound by this contract
You agree that the terms and conditions of this contract will apply to every matter that AM
Palmer & Associates takes instructions from you on, even if this contract only refers to one
matter.
You agree that every matter that you have with Mendelawitz Morton, now or in the future,
will be bound by the terms of this contract, unless we enter into another contract with you.
What entities are bound by this contract
You expressly agree that when you enter into this contract, the terms and conditions of this
contract bind:
- the natural person giving the instructions to Mendelawitz Morton;
- any partnership that the instructing person is a partner in, where the instructions are given
for the benefit of that partnership (whether solely for its benefit or not);
- any body corporate or body incorporate of which the instructing person is either a director or
secretary or officer or office bearer or de facto director or shadow director or controlling mind
or shareholder or member or unit holder or debenture holder or security holder or administrator or
controller or receiver or liquidator, where the instructions are given for the benefit of that body
corporate or body incorporate (whether solely for its benefit or not);
- any trust where the instructing person is either a beneficiary or trustee or appointor or
guardian, where the instructions are given for the benefit of that trust (whether solely for its
benefit or not);
- any partnership or trust or body corporate or body incorporate or person that the instructing
person acts as agent for, whether disclosed as agent or not, where the instructions are given for
the benefit of that principal (whether solely for its benefit or not); and
- any partnership or joint venture or joint enterprise that exists with any of the entities
described in sub-paragraphs (2) to (5) above and the instructions are given for the benefit of
that partnership or joint venture or joint enterprise (whether solely for its benefit or not).
- You confirm and warrant that the instructing person has the authority and power to bind all the entities referred to in sub-paragraphs (2) to (6) above and that we are entitled to rely upon your confirmation and warranty in accepting your instructions to act for the benefit of any of those parties.
Co-principal debtor
The instructing person confirms and agrees that in giving us instructions to act for the client,
the instructing person accepts, as co-principal debtor with the client, full liability for any and
all of our fees, costs and disbursements incurred in accepting those instructions and working for
the client. The instructing person enters into this contract with the client and is bound by all the
terms and conditions of this contract jointly and severally with the client.
It is expressly understood that Mendelawitz Morton are only entering into this contract on the
representations made that the instructing person will be jointly and severally liable for all the
clients obligations under the terms and conditions of this contract.
GENERAL TERMS AND CONDITIONS
Use of Site
You may browse this site for commercial and legal documents and information. However, you may
not copy, distribute, modify, transmit, or revise the contents of this site or any part of it
without our express written permission. Anything you download from our site with our written
permission is under a grant of license; we do not transfer title to the document, image or any
software to you.
Posting of Information
Except for any personal information we may collect from you which is governed by our Privacy
Policy stated above, any communication or material you post or transmit to us over the Internet
is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any
communication or material to this site, you agree that we may use your communication as material
for any purpose, including reproduction, transmission, publication, broadcast, and posting.
Trademarks
All names, logos, and marks appearing on this site, except as otherwise noted, are trademarks
owned or used under license by any of Grigor Investments Pty Ltd, Mendelawitz Morton and AM
Palmer & Associates. The use or misuse of these trademarks or any other content on this site,
except as provided in these terms and conditions or in the site content, is strictly prohibited.
Nothing contained on the site shall be construed as granting, by implication, estoppel or
otherwise, any license or right to use any trademark without our prior written permission.
Disclaimer
While we use reasonable efforts to include accurate and up to date information on this site, we
make no warranties or representations about the accuracy or completeness of the content of this
site or of the content of any sites linked to this site.
We assume no liability or responsibility for any errors or omissions in the content of this
site.
We have not reviewed all of the sites that might be linked to our site, and we are not
responsible for the content of any of those sites.
Limitation of Liability
We provide the contents of our site for informational and convenience purposes only. We shall
not be liable for any direct, incidental, consequential, indirect, or punitive damages arising
out of access to or use of or reliance upon any content of this site or the content of any site
or sites linked to this site.
Jurisdiction
Any legal issues arising in connection with this site and any document generated by it shall be
governed by and construed in accordance with the laws of Western Australia.