Terms and Conditions - Know the Law

Terms and Conditions

If you use a template on this website, you will do so on the basis of the following licence conditions.

Please read them carefully.

Conditions of licence to use template

Introduction

These templates are provided to you by Adam Ahmed & Co Pty Ltd (“Adam Ahmed & Co,” “we,” or “us”) for your general use only (not commercial use).
The templates are only examples and are not tailored to your circumstances. The templates are not complete and should not be used without being customised to your circumstances.
The templates are not to be taken as legal, accounting or other professional advice.
In using or ordering our templates, you hold us harmless and indemnify us against any loss or claims.
If you use our templates in any way, you will do so on the basis of the disclaimers on the relevant pages and the following terms and conditions as they apply at the time.
You must accept the terms and conditions to order or use the templates.

Licence and fees

Adam Ahmed & Co Pty Ltd grants a one off licence for you for one use of the template or templates you are ordering. The templates are for your own personal use only. You may not use the templates for commercial use or otherwise share or distribute the templates to others.

Delivery

The templates you order through our website will, if relevant, be delivered electronically to you on the earlier of when you download them or when you click to have us send them to you by email to the email address you have nominated.

Consumer Law

These terms and conditions do not, and do not purport to, restrict or modify or have the effect of excluding, restricting or modifying any laws, rights or remedies imposed and required to be binding by statute or law, including the Competition and Consumer Act 2010 (Cth).

Privacy

Your Privacy
1. You acknowledge that personal information collected, used and disclosed by us may be used for a variety of purposes including:
  1. to supply the templates;
  2. to monitor use of our products for the purposes of further development and to ensure they meet your needs and interests;
  3. to administer your account and to enforce this contract;
  4. for marketing purposes which may include disclosure of your information to Adam Ahmed & Co Pty Ltd and related entities; and
  5. other purposes as described in our Privacy Policy.
2. A copy of our privacy policy can be viewed at [insert link] It tells you more about the types of organisations to which we usually disclose personal information. We will comply with our privacy policy and the Privacy Act in relation to your personal information.
3. You agree to advise us in writing if you do not want us to use personal information disclosed by you to us for marketing purposes.
4. You expressly acknowledge and consent to:
  1. us transferring and disclosing personal information provided by you to us to our third party service providers located outside of Australia (including, but not limited to, the United States) to the extent required in providing access to, maintaining and servicing our products and services as part of our information technology arrangements; and
  2. such third party service providers storing and processing such personal information provided by you on servers outside of Australia (including, but not limited to, servers located in the United States).
5. You agree that if you provide us with personal information about another individual, you will ensure that that individual is aware:
  1. that you have supplied their personal information to us and the reason; and
  2. of the details in this clause which apply to information we collect about them.
6. You are responsible for ensuring that if a third party is required to disclose personal information to us for the purposes of these Terms on your behalf or at your request, such disclosure by the third party complies with the Privacy Act.
7. If you fail to provide any personal information requested by us, we may be unable to supply the products that you order or request.
8. If we are required to retain any personal information by law:
  1. you warrant that you have taken all steps to ensure that we are permitted to do so; and
  2. on reasonable notice, and the payment of a reasonable charge, we will make such information available for inspection by you and your auditors.

Limits on your use of our templates

Adam Ahmed & Co Pty Ltd agrees that you will have a licence to use the templates that you order through the website.
In relation to your use of the website and the templates you order, you agree that:
1. you must not use any part of the templates in connection with creating another document for commercial use, profit, sale or resale;
2. you must not use any part of the templates for any purpose except the specific purpose for which they were ordered;
3. you must not copy any part of the templates for any purpose except in relation to the transaction for which they were ordered;
4. you must not incorporate any part of our templates in any other program, system or document creation package; and
5. you must not represent that the templates ordered through our website were created by your own resources, or those of a third party (other than our resources or those of anyone else who signs-off and endorses for us the master documents from which your documents are generated).

We do not give legal, tax, accounting, commercial or other professional advice

You agree that:
1. we are unaware of your personal circumstances and are not giving you legal, tax, accounting, commercial or other professional advice;
2. the templates are for use of a general nature only and are not intended to be relied upon as, nor to be a substitute for, specific professional advice. Adam Ahmed & Co has no responsibility for loss occasioned to any persons acting on or refraining from action as a result of the templates or any material or information contained therein.
3. you do not have a formal or informal engagement with Adam Ahmed & Co, nor are you a client of Adam Ahmed & Co by virtue of ordering the template, and Adam Ahmed & Co has no professional responsibility towards you unless you engage Adam Ahmed & Co formally;
4. you are given 15 minutes of free consultation with Adam Ahmed & Co after you purchase the template which you can use to assist you in completing the template. If you use the template without this assistance you do so at your own risk;
5. during the 15 minute free consultation you may be advised that further work is required by Adam Ahmed & Co as part of a formal legal or accounting engagement and if you do not engage Adam Ahmed & Co on a fee basis and use the template in any event you do so at your own risk;
6. our templates provides you with information to help you use the template and set out your own facts and arguments;
7. we cannot and do not warrant that a template you decide to order is appropriate or suits your needs;
8. we cannot and do not warrant that your use of our template is appropriate or suits your needs;
9. the legal, taxation, accounting and commercial effects of a template vary and a template’s suitability will therefore vary according to particular circumstances;
10. only you know the purpose for which you intend to apply a template you order and that we are not responsible for the choice you make regarding the template that you order;
11. you must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately qualified professional adviser for advice concerning the suitability of a template you order using our service and assistance with completing it properly;
12. the templates are general only;
13. Unless expressly stated otherwise, Adam Ahmed & Co Pty Ltd does not provide the information, commentary, advice and other documents (including sample letters) which appear on our website.
14. the templates are provided on the basis that you will seek appropriate advice in making use of that document in your particular circumstances.

The document you order depends on your answers

You agree that:
1. You are selecting the template that you consider is appropriate by yourself;
2. certain information is included in the samples you order but this is generic and not tailored to your circumstances;
3. you are fully and solely responsible for the information included in a template as a result of how you choose to complete it; and
4. we are not responsible for any mistake that you make in understanding the template or how to fill it in.

We are not responsible for your mistakes — you indemnify us

You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
1. because the template you order is not suitable for its intended purpose or does not suit the relevant circumstances;
2. because you fail to obtain formal advice from an appropriately qualified professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
3. because you how you modify the templates after they are provided to you; or
4. because you breach these terms and conditions in some other way.
You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our template including where the template is used for a purpose not expressly authorised (or not permitted) by these terms and conditions.

Our website and other websites

You agree that:
1. each time you order a product from us, you agree to the then current version of these terms and conditions — when you place your order, we show you the current version and, to order, you must click to accept that version;
2. we do not warrant the accuracy or appropriateness of the contents of our website;
3. the information and commentary on our website is general only and is not a substitute for legal, accounting or other professional advice;
4. our website may contain hyperlinks and pointers to other websites and that we are not responsible for any information or other hyperlinks contained in these websites;
5. we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing any of them;
6. you access these other websites at your own risk; and
7. it is for you to decide whether these other websites should be relied on.

Our liability is limited

You agree that if we are prohibited by law from excluding all implied warranties and conditions, then our liability will be limited to, at our option:
1. replacing the document you used our service to order;
2. supply of some equivalent document;
3. amendment of the document; or
4. the payment of the cost of such replacement, supply or amendment.
You agree that:
1. to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner as provided under clause 18, including in respect of any liability that arises as a consequence of our negligence;
2. subject to law including the Australian Consumer Law, our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
3. subject to law including the Australian Consumer Law, we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
Subject to law including the Australian Consumer Law, we do not warrant that the operation of our service will be uninterrupted or that our service is virus free or error free.

Our intellectual property is not diminished

You agree that:
1. Adam Ahmed & Co remains the owner of all the intellectual property and know-how that resides in the documents and our service;
2. you are licensed to use our service for the sole purpose of ordering documents; and
3. you get no property right whatever in relation to our service, and no ownership in the copyright of the documents that you order.

Recovering revenue lost through misuse or breach

If we discover that we have lost revenue through your breach of these terms and conditions, then you agree that we may recover from you each of the following:
1. the revenue we have lost;
2. our costs of discovering our loss and the extent of it;
3. our costs of recovering the revenue; and
4. default interest on any amount owing under this clause.
Also, if we can show that we have lost revenue through your breach of these terms and conditions, then you agree that we have the right to audit your operations (at your reasonable cost) to determine the extent of our loss.
Clauses 22 and 23 do not limit in any way the recovery by Adam Ahmed & Co of all other amounts from you which are recoverable at law in respect of any breach of these terms and conditions by you.

The licence ends when you have ordered your document

You agree that:
1. the licence to you is limited to the creation of the documents for which you have paid and that once those documents have been ordered, the licence ends;
2. your licence will also end if you breach any material obligations contained in these terms and conditions; and
3. if you breach any material obligation contained in these terms and conditions, then we may deny you any further access to our service.

How you pay us

Our standard arrangement is for you to pay us online by credit card or through the facilities available on our website at the time you make the order.

Refunds, returns, exchanges

If you wish to claim a refund, return or an exchange, we request that you send all claims to the office@adamahmed.com.au and include:
1. the intended purpose to which the documents were to be applied;
2. the reasons that you want a return, a refund, or an exchange;
3. any other information or materials we ask for that we believe is relevant to our decision.

Severability

Any provision of these terms and conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms and conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

Jurisdiction

These terms and conditions are governed by and are to be read and interpreted according to the laws of New South Wales. Each of Adam Ahmed & Co and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any other basis, that the courts of that jurisdiction should not exercise jurisdiction.

Legal advice

Notwithstanding the above, if legal advice is provided (for example during the telephone consultation) then the below are the terms of our offer to provide legal services to you and constitutes our costs agreement and disclosure pursuant to the Legal Profession Uniform Law (NSW) (“the Uniform Law”) unless we provide you with a different costs agreement and disclosure:
1. You have instructed us to provide legal advice specifically in relation to the document you have purchased
2. During our discussion we may agree to provide you with legal advice on other matters as may arise during that call or from time to time.
3. We will charge professional fees for the work we do based on hourly rates. These rates will apply for telephone consultations that exceed 15 minutes for the time beyond the first 15 minutes. The hourly rates charged by our professional staff are set out below:
  1. $500 plus GST = $550 for a Partner/Director.
  2. $350 plus GST = $385 for a non-Partner/Director Solicitor.
  3. $200 plus GST = $220 for a paralegal.
4. The solicitors with principal responsibility for assisting you in this matter will be advised.
5. You will be proportionately charged for work involving shorter periods less than an hour. Our charges are structured in 6 minute units. For example, the time charged for an attendance of up to 6 minutes will be 1 unit and the time charged for an attendance between 6 and 12 minutes will be 2 units.
6. Our rates are reviewed on a regular basis and may change during the course of a matter. In relation to lengthy matters this may impact upon our cost estimates (which may be revised accordingly). You will be given 30 days’ notice in writing of any changes to our charge out rates.
7. We may incur disbursements (being money which we pay or are liable to pay to others on your behalf). Disbursements may include search fees, court filing fees, process server fees, expert fees, witness expenses, travel expenses, transcript expenses and barrister’s fees.
8. Where you instruct us to brief a barrister or other expert and they provide a disclosure and costs agreement we will provide this to you.
9. We are unable to estimate the cost of the work until we have received your instructions. You are aware of the costs of the template examples alone as they are listed on the website and these are the fees for that document in that form only.
10. Some of the variables which may affect and change the costs estimate include:
  1. the number and duration of telephone calls or other communications;
  2. your prompt and efficient response to requests for information or instructions;
  3. whether your instructions are varied;
  4. whether documents have to be revised in light of varied instructions;
  5. the lawyer or other persons with whom we deal and the level of co-operation of the lawyer’s clients and other persons involved;
  6. changes in the law; and
  7. the complexity or uncertainty concerning legal issues affecting your matter.
11. Please note that any costs estimates provided to you are an estimate only and not a fixed quote. The total costs may exceed the estimate. While the estimate is based on present information and instructions and our current understanding from you as to what services are required, our costs may exceed the estimate if further information becomes available or circumstances change which affect these matters. In this event we will provide you with a revised estimate as soon as practicable. Where there is a significant change in your matter then as far as possible we will advise the impact of the change on the legal costs.
12. Adam Ahmed & Co Pty Ltd provides both legal and accounting (tax agent) services (non-legal services). The Uniform Law applies to the provision of legal services but does not apply to the provision of non-legal services.
13. Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 7 days from the date of the tax invoice. You consent to us sending our tax invoices to you electronically at your usual email address or mobile phone number as specified by you.
14. You may accept the Costs Disclosure and Costs Agreement in this clause 30 by continuing to instruct us. Upon acceptance you agree to pay for our services on these terms.
15. Interest at the maximum rate prescribed in Rule 75 of the Legal Profession Uniform General Rules 2015 (“Uniform General Rules”) (being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you. Our tax invoices will specify the interest rate to be charged.
16. The Legal Profession Uniform Law (NSW) (“the Uniform Law”) provides that we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Uniform Law) has been given to you.
17. It is your right to:
  1. negotiate a costs agreement with us;
  2. negotiate the method of billing (e.g. task based or time based);
  3. request and receive an itemised bill within 30 days after a lump sum bill or partially itemised bill is payable;
  4. seek the assistance of the designated local regulatory authority (the NSW Commissioner) in the event of a dispute about legal costs;
  5. be notified as soon as is reasonably practicable of any significant change to any matter affecting costs;
  6. accept or reject any offer we make for an interstate costs law to apply to your matter; and
  7. notify us that you require an interstate costs law to apply to your matter.
18. If you request an itemised bill and the total amount of the legal costs specified in it exceeds the amount previously specified in the lump sum bill for the same matter, the additional costs may be recovered by us only if:
  1. when the lump sum bill is given, we inform you in writing that the total amount of the legal costs specified in any itemised bill may be higher than the amount specified in the lump sum bill, and
  2. the costs are determined to be payable after a costs assessment or after a binding determination under section 292 of the Uniform Law.
19. Nothing in these terms affects your rights under the Australian Consumer Law.
20. If you have a dispute in relation to any aspect of our legal costs you have the following avenues of redress:
  1. in the first instance we encourage you to discuss your concerns with us so that any issue can be identified and we can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship;
  2. you may apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of our costs. An application for assessment must be made within 12 months after the final bill in this matter was provided or request for payment made or after the costs were paid.
21. It is our policy that, when acting for new clients, we do one or more of the following:
  1. approve credit;
  2. ask the client to pay monies into our trust account;
  3. ask the client for their credit card details.
22. Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.
23. You authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of Rule 42 of the Uniform General Rules. A trust statement will be forwarded to you upon completion of the matter.
24. On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file after those 7 years. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs.
25. You will be liable for the cost of storing and retrieving documents in storage and our professional fees in connection with this.
26. We may cease to act for you or refuse to perform further work, including:
  1. while any of our tax invoices remain unpaid;
  2. if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs;
  3. if you fail to provide us with clear and timely instructions to enable us to advance your matter, for example, compromising our ability to comply with Court directions, orders or practice notes;
  4. if you refuse to accept our advice;
  5. if you indicate to us or we form the view that you have lost confidence in us;
  6. if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest;
  7. for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
  8. if in our sole discretion we consider it is no longer appropriate to act for you; or
  9. for just cause.
27. We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination.
28. You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which we remain responsible).
29. Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours:
  1. we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid; and
  2. our lien will continue notwithstanding that we cease to act for you.
30. We will collect personal information from you in the course of providing our legal services. We may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.
31. We are required to collect the full name and address of our clients by Rule 93 of the Uniform General Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements of Rule 47 of the Uniform General Rules and to comply with our duty to the courts.
32. Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For example, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.
33. If you do not provide us with the full name and address information required by law we cannot act for you. If you do not provide us with the other personal information that we request our advice may be wrong for you or misleading.
34. Depending on the nature of your matter the types of bodies to whom we may disclose your personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of State Revenue, PEXA Limited, the Land and Property Information Division of the Department of Lands, the Registrar General and third parties involved in the completion or processing of a transaction.
35. We do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas we may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions.
36. We manage and protect your personal information in accordance with our privacy policy [which can be found on our firm website or a copy of which we shall provide at your request]. Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.
37. We are able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files.
38. Where applicable, GST is payable on our professional fees and expenses and will be clearly shown on our tax invoices. By accepting these terms you agree to pay us an amount equivalent to the GST imposed on these charges.
39. The law of New South Wales governs these terms and legal costs in relation to any matter upon which we are instructed to act.

Definitions and interpretation

In these terms and conditions:
1. ‘our service’ includes the documents provided through our website, our website, the interface and the user system;
2. ‘default interest’ means interest on amounts owing calculated at the rate set from time to time under section 22 of the Taxation Administration Act 1996 (NSW);
3. ‘document’ means a document you order which is generated by or through our service;
4. ‘lawyer’ means an Australian legal practitioner as defined under section 6(1) of the Legal Profession Uniform Law (NSW) or under any corresponding law in any other jurisdiction;
5. ‘personal information’ has the meaning given to that term in the Privacy Act.
6. ‘Privacy Act’ means the Privacy Act 1988 (Cth).
7. ‘product’ means a document or other service which you order using our service;
8. ‘professional adviser’ means a lawyer, accountant, a registered tax agent, licensed financial planner or such other professional adviser as is appropriate or that suits your needs;
9. ‘you’ means the person using our service, including a person using our service as agent of another person in which case ‘you’ means the agent or the agent’s principal, or both the agent and the agent’s principal;
10. the singular includes the plural and vice versa; and
11. a reference to currency is a reference to Australian dollars.
You agree that each of these definitions has the same meaning wherever they appear on our website.