Contracts

2019 Mandatory Wording for Warranties against Defects when supplying Services

Consumer Guarantees under the ACL A business may choose to offer a warranty against defects which is in addition to the automatic consumer guarantee rights under the Australian Consumer Law (ACL). The ACL is a national law which promotes fair trading and the provision of consumer protection. The Productivity Commission recommended that Australian governments should […]

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The Difference Between a Warranty and Indemnity

Warranties and indemnities are both forms of contractual protection that minimize a buyer’s exposure to risks of loss or damage. They are a means of allocating risk between vendors and buyers. In a sale and purchase transaction, the buyer may seek protection through warranties and indemnities while the vendor may try to protect its position […]

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Intellectual Property in the Workplace: to whom does it belong?

In the Information Age, intellectual property is a very valuable asset of your business. Most successful businesses, large and small, are built on intangible assets or IP. Intellectual property can be in the form of a copyright, for example, a short story or a drawing, a patent for an invention, or a trademark for a […]

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The Art of Writing Contracts in Plain English

Why can’t lawyers write in plain English? Why do lawyers like to overcomplicate things? Why do they tend to use hard-to-comprehend outdated terms in contracts? These are the questions often asked by the ordinary person trying to comprehend the pitfalls of excessive ‘business-speak’. Plain English is never muddled or confused. English that is clear and […]

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Jurisdiction Clause vs. Choice of Law Clause

Jurisdiction Jurisdiction clauses are added into contracts to identify which court will determine any disputes between the parties. This clause gives a court the power to adjudicate in a case. This is particularly important when negotiating parties for a contract are located in separate countries as they will need to consider ahead of time which […]

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A Checklist For Your SaaS Agreement

What is a SaaS Agreement? Commonly software as a service (SaaS) cover subscription-based software models, such as Salesforce or Dropbox. These applications are usually delivered to customers via a cloud-based solution, rather than being installed as a program like traditional software methods. SaaS applications have gained a lot of traction recently as a preferred software […]

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Do I need a Subcontractor Agreement?

What is a subcontractor agreement? A subcontractor agreement is a contract between an independent contractor and another individual or entity. Generally, a subcontractor might be contracted to carry out certain functions or specific tasks in relation to a separate contractor agreement. The process can be summarised as follows: Often a subcontractor will perform specific tasks […]

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EVENT   |   19th July, 2018 | ADMIN

Service Level Agreements Masterclass

W3IP Law attended an event in Brisbane hosted by Crown Leadership International Group on 19 July 2018 to present on Service Legal Agreements Masterclass. Presenters Leah Mooney, Special Counsel at Minter Ellison presenting on “A risk-based approach to the cloud “as a service” Brent Weston, Special Counsel at Tucker & Cowen presenting on “Common sticking […]

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What is a Sales Agency Agreement?

In certain circumstances, a person will appoint another person to act on its or his or her behalf. The former is the Principal and the latter are the Agent. The Agent may act on behalf of the Principal to bring about legal relations between the Principal and a third party.A Sales Agency Agreement outlines the rights […]

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