Category Archives for "Startup Contracts"

Negotiation risk management – tips for negotiating a business deal before you see a lawyer

By Vivian Michael | Startup Contracts

Photo by Charles  on UnsplashThe ideal scenario for negotiating a business deal is to negotiate terms in a way that allows you flexibility.  You’ll want flexibility to change your terms with the help of a lawyer if you missed something or got something wrong. So, here’s a guide on how to negotiate the initial terms of a business deal.  The […]

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A guide to ex gratia payments

By Vivian Michael | Startup Contracts

Photo by CoWomen on UnsplashThe word ex gratia means by favour. And, it’s commonly used in a legal context – in a nutshell it’s a payment that is made without a legal obligation. So below is what you need to know about ex gratia payments. In a hurry? Jump ahead.  Quick Navigation Ex gratia offers Is it ex gratia?Negotiating ex gratia paymentsYour […]

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What you need to know about your marketing promotions and the Australian SPAM Act 2003

By Vivian Michael | Startup Contracts

Photo by Brooke Cagle on UnsplashIf you are thinking of running a promotion to target potential customers, read on. Below, I’ll share what you need to know to avoid spam legal trouble. In a hurry? Jump ahead.  Quick Navigation Australian law Who needs to comply?When do the spam rules apply?Key rulesPermission (consent) IdentificationUnsubscribeUsing public directoriesDirect contact Address harvestingPurchasing listsOther contraventionsSpam rule exemptionsExempt message […]

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Contract negotiation and preparation tips

By Vivian Michael | Startup Contracts

Photo by Kaleidico on UnsplashHere are the contract negotiation and preparation tips you’ll need to arm yourself with.   In a hurry? Jump ahead.  Quick Navigation MOU for the first proposalWhen to get a lawyer’s helpWho prepares the legal document?Seperate lawyers?Lawyer to talk to lawyer?File formatTime frameDeal breakers first, alwaysNo resolution?Negotiation style says a lot! Is it really a missed […]

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Confidential information meaning & a sample clause

By Vivian Michael | Startup Contracts

Photo by Deleece Cook on UnsplashThere’s a reference to confidential information in many business contracts.  But what do the courts say is confidential? Below are the factors that the courts consider when determining if information is confidential.   In Wright v Gasweld, the court lists factors to determine whether information is confidential. Confidential information criteria1. The extent to which the information is known […]

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Legal tips for running a promotion in Australia

By Vivian Michael | Startup Contracts

Photo by John Jackson on UnsplashIf you are running or even considering running a promotion in Australia, I have some useful tips to share with you.  These are the key tips. As always, get advice if you’re in doubt. In a rush? jump ahead. Quick Navigation Be clear about your offering1. Describe2. Exclude3. Time frame4. Simultaneous offers5. CancellationBalanceConsumer law tipsServicesBonus […]

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The difference between legal information and legal advice

By Vivian Michael | Startup , Startup Contracts

Photo by rawpixel on UnsplashSo you’ve probably seen a few disclaimers that read like this ‘legal information, not a substitute for legal advice’. We use a disclaimer like this ourselves on our downloads. This post will help you know the difference between legal information and advice and the importance of the difference.Legal informationLegal information is generic. It explains a […]

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How to prioritise your legal and accounting work for your startup

By Vivian Michael | Startup Contracts

Photo by Glenn Carstens-Peters on UnsplashYou aren’t alone. A feeling of overwhelm when you are first starting up your business is common.   Read on for some ideas to help you prioritise and launch smoothly. Accountant or lawyer first?Either an accountant or lawyer can help you with initial advice about your business structure. In fact, either an accountant or lawyer can help […]

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A lawyer’s tips for DIY Australian company registration

By Vivian Michael | Startup Contracts

Photo by Brooke Cagle on UnsplashIf you are considering a DIY Australian company registration, read on for some useful tips.You need to be aware of some important things before you register your Australian company, regardless of whether you use the Australian government portal or an online provider.Legal entity You are creating a legal entity.This means, your company can sue […]

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Why I love the mediation clause, why you should too & a sample mediation clause for your use

By Vivian Michael | Startup Contracts

​Photo by Kyle Loftus on UnsplashI love the mediation clause Why? Because it  can save you time and money if there’s a dispute.  For this reason, to me and many others, the mediation clause makes sense.  Basically, you agree upfront to mediate upfront with your business partner/stakeholder or whoever in an agreement, and instead of going to court, and you work things […]

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Transfer of business & employee contracts: how to manage employee contracts before and after buying a business

By Vivian Michael | Employment , Startup Contracts

What to know about employee contracts after you buy a businessIf you are thinking about buying a business with existing employees, here are some useful tips to help you.  First, you should check the employee contracts.1. Pre-purchase check of employment contracts Before you buy a business, you can check the key terms of any written employee contracts.  So […]

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Top 5 deed of settlement tips: how you can protect your startup when you are asked to sign a deed of settlement

By Vivian Michael | Startup Contracts

Top 5 deed of settlement tipsThe end of a business relationship can be stressful but you can navigate a settlement better if you are armed with some useful information.  A deed of settlement sets out how a dispute will be resolved. Also, a deed can prevent others from taking legal action in certain situations, like when an […]

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The difference between a client agreement and terms and conditions and when you should use each at your startup

By Vivian Michael | Startup Contracts

What you need to know about client agreements and terms and conditions  Terms and conditions and client agreements both have an important place in your startup.  Knowing when to use each can help you can set clear expectations for your customers when they work with you.So, terms and conditions – what are they?Your terms and […]

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How to use a privacy policy at your startup

By Vivian Michael | Startup Contracts

A privacy policy outlines how your  will collect and use information about your customers.1. Does a small business need a privacy policy?The Privacy Act covers some small businesses with a turnover of $3 million or less and includes:private sector health service providers. Organisations providing a health service including traditional health service providers, naturopaths and chiropractor, […]

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How to use a founders agreement at your startup

By Vivian Michael | Startup , Startup Contracts

Your founders agreement describes how you and other founders will work together to launch and grow your startup. So what’s the benefit of a founder’s agreement ? For one, you can set clear expectations and minimise disputes. We’ll go through some other’s too. Why should I choose a founders agreement over an employment agreement ?Firstly, unlike an employment agreement, all […]

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