TERMS AND CONDITIONS OF SERVICE
THANK YOU FOR YOUR INSTRUCTION TO ACT IN YOUR MATTER.
THIS BINDING LEGAL AGREEMENT BETWEEN YOU AND LEGAL AU PTY LTD
GOVERNS YOUR USE OF THE SERVICE PROVIDED TO YOU BY LEGAL AU PTY LTD. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE or SUBMIT," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICES OF LEGAL AU PTY LTD.
Legal AU Pty Ltd is an Incorporated Legal Practice and located at level 28, 303 Collins Street, Melbourne Victoria Australia: A.C.N. 121 003 665
THE WORK WE WILL CARRY OUT IS DEFINED AS PER THE SERVICE SELECTION YOU HAVE CHOSEN.
THE FEE FOR THIS WORK IS PER THE SERVICE SELECTION YOU HAVE CHOSEN.
REQUIREMENTS FOR USE OF THE SERVICE
1. Legal AU Pty Ltd service is available to individuals aged 18 years or older. If you are under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
2. To use the Service, you cannot be a person barred from receiving the Service under the laws of Australia, including the country you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.
3. Use of the Service requires compatible devices, internet access, and certain software (fees may apply); you may require periodic updates, and may be affected by the performance of these factors.
4. High-speed Internet access is strongly recommended for use. The latest version of a user’s operating software, is recommended for their computer, phone or tablet, to enable access to the services of Legal AU Pty Ltd, and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
5. Legal AU Pty Ltd is best viewed in Mozilla Firefox, but can be viewed in all web browsers.
6. In the course of Legal AU Pty Ltd carrying out your agreed service, it may be necessary to incur expense and charges which are called disbursements, such as filing fees, bank charges, courier fees, barrister fees, titling searching and property enquiries, agency fees and law stationers, and process serving fees; these disbursement fees are not limited to this list, as disbursement requirements will vary to your matter. These fees become payable as and when they fall due for payment.
7. Legal AU Pty Ltd will not incur any substantial expense without obtaining your permission.
8. Legal AU Pty Ltd defines a substantial expense which is more than $200.00 per any one item.
9. Users agree to pay disbursement fees of up to $200.00 per any one item.
10. Legal AU Pty Ltd defines an “ITEM” for disbursements, as a service that is required to complete the requested/ordered service by the user.
11. Legal AU Pty Ltd charges $3.00 plus GST per page for scanning documents if required.
12. Legal AU Pty Ltd charges $5.00 plus GST for sending a facsimile if required.
13. Legal AU Pty Ltd charges $5.00 plus GST for receiving a facsimile if required.
14. Legal AU Pty Ltd charges $0.90 plus GST per page for printing if required.
15. Legal AU Pty Ltd charges courier fees and postage as per supplier fees.
16. Legal AU Pty Ltd charges all other disbursement fees of third parties at Cost plus GST to the client.
17. Legal AU Pty Ltd charges NO fee for emailing documents.
18. By clicking “AGREE or SUBMIT” you agree to these fees, and charges.
19. Legal AU Pty Ltd will not hold any trust money on the user’s behalf or other third parties.
LIMITATIONS OF USE
20. You agree to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction of Australia.
AVAILABILITY OF SERVICE
21. The Service, or any feature or part thereof, may not be available in your language, or in all countries and Legal AU Pty Ltd makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location, other than the Australian jurisdiction. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
22. You agree that the fee that you have chosen for the service to be provided by Legal AU Pty Ltd is the fee that has been agreed to be paid by you for that service.
23. The fee that you select for General Advice includes 15 minutes of telephone or Skype video conferencing communication with Legal AU Pty Ltd, if required by the Lawyer to discuss your matter. Telephone or Skype video conferencing communication above the 15 minutes inclusive time in the price you select is invoiced at 15 minute intervals of $20.00 plus GST.
24. You agree to Legal AU Pty Ltd charging you at 15 minutes intervals of $20.00 for telephone or Skype video conferencing communication on your matter for General Advice that is outside of your inclusive call time for General Advice.
25. The fee that you select for Detailed Advice includes 60 minutes of telephone or Skype video conferencing communication with Legal AU Pty Ltd, if required by the Lawyer to discuss your matter. Telephone or Skype video conferencing communication above the 60 minute inclusive time in the price you select is invoiced at 15 minute intervals of $20.00 plus GST.
26. You agree to Legal AU Pty Ltd charging you at 15 minute intervals of $20.00 plus GST for telephone or Skype video conferencing communication on your matter for Detailed Advice that is outside your inclusive call time for Detailed Advice.
27. Legal AU Pty Ltd accepts credit cards for payment, which include Visa, Bankcard, Debit card and Union Pay (Chinese credit card).
28. Legal AU Pty Ltd does not accept Diners or American Express credit cards.
29. Legal AU Pty Ltd charges a 3.3% transaction fee on all credit cards.
30. When you click “AGREE or SUBMIT” you agree to Legal AU Pty Ltd charging you the 3.3% transaction fee in addition to your fee booked for the payment made on your credit card.
31. The 3.3% transaction fee applied to the credit card processing is calculated on the total fee booked inclusive of GST.
32. When you book your service with Legal AU Pty Ltd, you are required to enter your credit card number, expiry date and CCV number.
33. Legal AU Pty Ltd uses National Australia Bank Ltd, TRANSACT, system to process all credit card authorizations and payments.
34. When you click “AGREE or SUBMIT” to process your service fee, your credit card will be preauthorised for the service charge amount chosen, or agreed by you.
35. Preauthorisation is a standard process of obtaining a guarantee that payment will be made after the service is completed.
36. When preauthorisation occurs, no funds are taken from your credit card, only a guarantee of an amount, for the service that you have booked. The preauthorisation will stay in force for 30 days or until your card is charged the full service fee, for the service that Legal AU Pty Ltd has provided to you.
37. By clicking “AGREE or SUBMIT” you agree for Legal AU Pty Ltd to obtain a preauthorisation on your credit card, and charge your credit card for the service fee plus the GST of which you have selected, and the additional 3.3% transaction fee on your credit card.
38. By clicking “AGREE or SUBMIT” you confirm that you have read the legal notices on the website of Legal AU Pty Ltd that explains the meaning of credit card preauthorisation.
39. Once Legal AU Pty Ltd completes your service, and uploads your file into your law inbox on your member Exchange Area page, your credit card is charged for the full service agreed upon by you, and funds will be debited against your credit card.
40. You agree that the credit card entered into Legal AU Pty Ltd website for booking the service and used as preauthorisation and for charging the full service fee, is a credit card in your name and is the same name in your membership profile, and is the agreed credit card by you, to be charged for the full service.
41. You agree to Legal AU Pty Ltd obtaining a preauthorisation code, against your nominated credit card, through the preauthorisation processing page on our website, for the fee you have agreed too.
42. You agree to Legal AU Pty Ltd, to use the preauthorisation guarantee code, to charge your credit card when your service is complete. Charging your credit card means debiting funds from your credit card.
43. If Legal AU Pty Ltd is liable to pay the Goods & Services Tax (“GST”) on services provided to you, at the rate set by the Australian Federal or State Governments, you agree to pay these taxes in addition to the service fee booked.
INTEREST ON UNPAID ACCOUNTS
44. If a bill remains unpaid 30 days after you receive it, we may charge you interest at a rate not exceeding the Cash Rate Target, as fixed by the Reserve Bank of Australia, plus 2% at the date the bill is issued.
YOUR RIGHT TO PROGRESS REPORTS
45. You have a right to request a written report of the progress of your matter or a written report of legal costs incurred to date if you request.
GUARANTEE AND LIMITED LIABILITY
46. Legal AU Pty Ltd guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.
47. Legal AU Pty Ltd does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.
JURISDICTION OF CLAIMS
48. You agree that all services provide to you by Legal AU Pty Ltd lawyers, originate from within the State of Victoria, Australia.
49. The legal Jurisdiction of all services provided by Legal AU Pty Ltd to registered members is governed by the laws of the State of Victoria in Australia and disputing parties agree to submit to the jurisdiction of the Courts of Victoria for each and every claim.
LEGAL PROFESSION UNIFORM LAW
50. The Legal Profession Uniform Law
applies to the provision of legal service; which Legal AU Pty Ltd provides to you.
51. Legal AU Pty Ltd lawyers are “liability limited by a scheme approved under Professional Standards Legislation.”
ADVICE – QUESTION AND ANSWERS
52. The legal advice provided by Legal AU Pty Ltd, may either be General Advice, Detailed Advice, or Other Services.
53. What is a Question? A Question is defined as a sentence requiring an answer; which is covered by General and Detailed Advice.
54. An example question may include; “my employer is trying to terminate me, what are my options;” or “I suffered personal injury in a car accident, what can I do;” or “I am considering a divorce what are my options;” or “I want to dispute my parent’s will, how do I do that;” or “my boat was damaged in the marina, what options do I have;” or “my neighbour is refusing to pay their share of the new fence, how can I get them to pay.”
55. If your submitted question under General or Detailed Advice contains more than one question within that question, or more than one part in that question, Legal AU Pty Ltd will answer the first question or part raised. Legal AU Pty Ltd will then provide you with a quote for your other questions or parts raised in the submitted request. (In this clause the word “Part” has the same meaning as “Question”)
56. Other Services, are document specific, with reviewing, drafting and preparing; example of Other Service requests include, and are not limited too; documents required for matters regarding personal injury, contracts, leases, property, building, commercial, wills (succession), family, local government, international, immigration and employment etc. or other document requirement specific.
57. General Advice is general in nature, and will provide you an overall of general options available, legal or non-legal, with our comments on your question raised. This is our most cost effective service, with the option for a response in the same day with a set fee.[i]
Your response is provided in written format and uploaded to your personal law inbox in the Exchange Area on our website. Legal AU Pty Ltd will offer you various solutions to consider under the General Advice category. Legal AU Pty Ltd may also provide you with a referral lawyer to speak within more detail regarding your matter. Please refer to the section called, Referral Lawyer.
58. You agree that if a question under the category of General Advice contains more than one question or part in the question submitted, Legal AU Pty Ltd will answer the first question or part raised by you. You agree that Legal AU Pty Ltd will charge you for the reply to that answered question as per your selected price. All other questions not answered and raised in your submitted question, Legal AU Pty Ltd will provide you with a quote to answer those questions. (In this clause the word “Part” has the same meaning as “Question”).
59. Detailed Advice is specific in nature to the legal Question raised by you. Your response may be in written format or other media presentation. We may call you by telephone or communicate via email, or other electronic means to discuss your specific needs and we may offer you additional services for your consideration. The member chooses the price option and time response for the service. All responses are researched and legally structured in nature. Your response will be uploaded into your law inbox in the Exchange Area on our website. Legal AU Pty Ltd defines Detailed Advice that is legally specific to your question.
60. You agree that if a question under the category of Detailed Advice contains more than one question or part in the question submitted, Legal AU Pty Ltd will answer the first question or part raised by you. You agree that Legal AU Pty Ltd will charge you for the reply to that answered question as per your selected price. All other questions not answered and raised in your submitted question, Legal AU Pty Ltd will provide you with a quote to answer those questions. (In this clause the word “Part” has the same meaning as “Question”).
61. Legal AU Pty Ltd defines Other Service as any type of document or written correspondence that is prepared by Legal AU Pty Ltd, and is not a question & reply response; or any review of correspondence that is received from you and required to be reviewed by Legal AU Pty Ltd, and then Legal AU Pty Ltd providing their advice on that correspondence.
62. Example of Other Service requests include, and are not limited too; documents required for matters regarding torts, contracts, leases, property, building, commercial, wills (succession), family, local government, international, immigration and employment etc.
63. Example of Other Service requests, are specific to a service, such as, I need a Contract of Sale, or I need legal advice on a Building Contract, or I need to negotiate a Parenting Agreement etc.; the scope of the other service requests is not limited, and can cover all areas of the law, and it just depends on what service you need. Our fee is subject to your requirements. We will provide you with a cost quote to complete your service, and if you are in agreement, you may book your service with the reference number that we provide to you, through our Ask Question page.
64. If you choose Other Services, and depending on the complexity of your matter, you may receive a PDF document in the email reply response from Legal AU Pty Ltd, which forms an addendum to these Terms and Conditions. This PDF document will detail the steps Legal AU Pty Ltd will take on your matter, and the required credit card preauthorisation and payment stages that will apply if required.
65. Legal AU Pty Ltd under the categories of General and Detailed Advice, offers a payment and reply time plan.
66. The payment plan is a set fee for the service that you have chosen. The reply time is the approximate time frame for an answer to be uploaded to your law inbox in your member area.
67. If Legal AU is unable to comply with the time reply as per the plan chosen, Legal AU will contact you through your members email address, advising the change of reply time.
68. You agree to Legal AU Pty Ltd changing the reply time for your requested service, and you agree that no claim can be made against Legal AU Pty Ltd for changing the reply time for your service when Legal AU Pty Ltd is required to do so at the requirements of Legal AU Pty Ltd to complete your service ordered.
69. You agree that the reply time stated in the service plan is an estimate reply time only, and you agree that no claim can be made against Legal AU Pty Ltd for any loss or damage you experience in regards to our estimated reply time for the service you have booked.
CONFLICTS OF INTEREST
70. If Legal AU Pty Ltd is assisting or has assisted another party involved in your matter, Legal AU Pty Ltd may not be allowed to give you legal advice or represent you. This is because there are laws to protect you by chance that Legal AU Pty Ltd may have already assisted another party involved in your matter, thereby avoiding preferential treatment to all parties.
71. Legal AU Pty Ltd carries out conflict checking, when a service request is placed by the registered member.
72. If Legal AU Pty Ltd finds that a conflict of interest is apparent, Legal AU Pty Ltd will advise the member, and will assist with making appropriate arrangements for the member to be referred to another lawyer.
73. The user agrees that Legal AU Pty Ltd cannot provide the user with details about the conflict of interest in the users matter.
74. The user agrees that if Legal AU Pty Ltd refers your matter to another Lawyer none associated with Legal AU Pty Ltd due to a conflict of interest, the referral lawyer will charge at their fee rate, which will not be the same as Legal AU Pty Ltd, and may be higher in price.
75. The user agrees that they are under no obligation to continue with the referral lawyer put forward by Legal AU Pty Ltd.
76. Legal AU Pty Ltd contracts with Local Lawyers in the Australian legal Jurisdiction. Legal AU Pty Ltd may refer your question or matter to a local lawyer in your area of Jurisdiction or another area of Jurisdiction to assist in your requirement.
77. If Legal AU Pty Ltd refers your question or matter to a referral lawyer, you are under no obligation to continue with this lawyer. If you choose to engage with this referral lawyer, you are engaging at your own free will, and not being coerced, in any manner whatsoever, by Legal AU Pty Ltd to use the referral lawyer.
78. Your referral lawyer may require to meet with you to discuss your matter in further detail with you. Your referral lawyer may require you to enter into an agreement for fee for service. Your referral lawyer may refuse to accept your matter.
79. You agree, if you choose to use the referral lawyer, the referral lawyer will pay a commission of 15% of the total billable fees paid by you to the referral lawyer, to Legal AU Pty Ltd as a referral fee to that lawyer.
80. You agree that Legal AU Pty Ltd holds no preference to a referral lawyer, other than the lawyer with the most appropriate experience to assist you with your matter.
81. You agree that if you require your file notes on your matter drafted by Legal AU Pty Ltd to be transferred to the referral lawyer or yourself, Legal AU Pty Ltd will transfer your file notes requested to you or a referral lawyer by email package, within 15 days of the request being made and the administration fee of $250.00 (plus GST) being paid, through our website credit card processing facility. Email package is defined as all correspondence being issued in Adobe PDF format, secure locked, in either one or more emails to the referral lawyer or yourself. Secure locked means the PDF documents are locked with a password, and require a password to be unlocked to read or print.
82. You agree that you will not hold Legal AU Pty Ltd liable for any advice provided by your referral lawyer, and any claims made will be made directly to the referral lawyer.
83. Legal AU Pty Ltd will communicate electronically with you using electronic mail, via the internet, through our website and your law inbox on our website, and via email to your membership email address provided by you. If we communicate electronically with or for you, you acknowledge and agree as follows:
84. There are some delivery risks in using electronic mail and you accept the risk of interception of the email by third parties or of non-receipt or delayed receipt of the message; and
85. Computer viruses and similar damaging items can be transmitted through emails and by introducing computer disks into your system. We use virus-scanning software to reduce these risks and ask that you do the same. However, it is not possible to completely eliminate the risk of introducing viruses.
86. Legal AU Pty Ltd for your protection uses SSL Certificate Security and antivirus software.
87. If we communicate electronically with or for you, you release us from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of that communication.
88. You agree to Legal AU Pty Ltd recording all communications with you, and storing those communications with Legal AU Pty Ltd for seven (7) years, in the Legal AU Pty Ltd database management system.
TERMINATION OF THIS AGREEMENT (CANCELLATION)
89. Either party to this agreement may terminate the services through email, in accordance with this clause condition.
90. You may terminate this agreement in writing at any time in accordance with the termination policy displayed on the Question page of our website, www.legalau.com.
91. Your termination needs to be issued via email to firstname.lastname@example.org. The user when they submit an email cancellation is required to put in the subject heading of that email the words “CANCEL”, followed by the “REFERENCE” number of the service request. Your REFERENCE number is in your email confirmation of the service booked.
92. If you cancel the service booked, you will pay our charges and expenses incurred up to the time of termination, subject to the proceeding clauses, under the subheading ‘Termination of This Agreement (Cancellation).’
93. Legal AU Pty Ltd will not continue to do the work for you, if you fail to pay our bills, or your credit card is declined, or if you fail to provide us with adequate instructions, or if you indicate to us that we have lost your confidence.
94. If Legal AU Pty Ltd instigates termination of the service agreement with you, we will give you at least seven (7) days’ notice of our intention to terminate this agreement to your users email address, and the grounds on which the termination notice is based. You agree that you will be required to pay our charges for work done, and for expenses incurred, up to the date of termination, subject to the proceeding clauses, under the subheading ‘Termination of This Agreement (Cancellation).’
95. If you are not satisfied with the service that Legal AU Pty Ltd has provided to you, and there is an identifiable failure by Legal AU Pty Ltd to provide the required level of service, and Legal AU Pty Ltd has failed to rectify that identifiable failure in a reasonable time, you will be entitled to a refund of the service fee paid to Legal AU Pty Ltd, for that particular portion of the service fee for the identifiable failure.
96. If a refund is to be applied, Legal AU Pty Ltd will contact that member via their registered email address.
97. You may close your account at any time. Account closing means that NO further services with the use of the current password and login shall no longer be possible.
98. You are responsible for closing your account.
99. If you enter details or requests services from Legal AU Pty Ltd that breaches any of the laws of Australia, your account may be closed.
100. Legal AU Pty Ltd reserves the right to close your account due to gross infringement of the provisions of our terms and conditions or in the event of illegal use of the offered services.
101. You agree that Legal AU Pty Ltd may close your account if your membership profile has not been active for 60 months.
102. You agree Legal AU Pty Ltd shall not be liable for damage suffered by you arisen, due to the suspension or closing of your account by us or you, or for other reasons arising from your default.
103. You agree that Legal AU Pty Ltd will maintain your membership details and the services requested and responded to by Legal AU Pty Ltd for a period of seven (7) Years, even if you have closed your account.
104. Legal AU Pty Ltd will take all reasonable measures to maintain your confidential information, and will not sell, share or transfer your confidential information unless required by the laws of Australia or you provide written request.
105. Legal AU Pty Ltd advises, if you delete your account, Legal AU Pty Ltd will continue to hold your membership details, services requested and responded to by Legal AU Pty Ltd for seven (7) years. You will no longer be able to access these details. If you wish to use the services of Legal AU Pty Ltd again, you will be required to register as a new member.
THANK YOU FOR USING LEGAL AU PTY LTD.
Notification of Rights
LEGAL PROFESSION UNIFORM LAW (VICTORIA) (“UNIFORM LAW”)
Your rights in relation to legal costs
The following avenues are available to you if you are not happy with this bill:
1. Discuss your concerns with us. John Melis is designated as responsible principal for this bill.
2. Request an itemised bill. You must do this within 30 days from the date which the legal costs become payable. We will provide an itemised bill at no charge. However, if you request an itemised bill and the total amount specified in the itemised bill exceeds the amount previously specified in the lump sum bill for the same matter, then we may be able to recover the higher costs should the matter proceed to a costs assessment under section 198 or a binding determination under section 292 of the Uniform Law.
3. Have our costs assessed before the Supreme Court Costs Court (“Costs Court”) under Division 7 of Chapter 4.3 of the Uniform Law OR, alternatively, make a complaint to the Victorian Legal Services Commissioner (VLSC) in relation to a costs dispute under Division 1 of Part 5.2 of the Uniform Law. The parameters for taking such steps are as follows:
(i) In relation to a costs assessment before the Costs Court – you must make the application within 12 months of when the bill was given or a request for payment was made, or where there was no bill or request made, when the legal costs were paid. An application can be made outside of 12 months in certain circumstances where the delay and reasons for the delay make it just and fair to do so. There is no monetary limitation on the amount of the legal costs in relation to a costs assessment before the Costs Court.
(ii) In relation to a costs dispute before the VLSC – you must make the application within 60 days after the legal costs have become payable or where you have asked for an itemised bill, within 30 days after the itemised bill was provided. The VLSC may waive the time limits specified above if the complaint is made within 4 months after the required period. This is in circumstances where the delay and reasons for the delay make it just and fair to do so, provided we have not commenced legal proceedings in respect of the legal costs. There is a monetary limitation of less than $100,000 (indexed) for the total bill for legal costs in dispute OR, where the amount is $100,000 or more, the amount of the legal costs in dispute is less than $10,000 (indexed).
Our rights in relation to interest
We intend to charge interest on unpaid legal costs if our costs are unpaid after 14 days of giving you this bill, in accordance with the Uniform Law. The rate of interest is the Cash Target Rate plus 2 per cent, specified by the Reserve Bank of Australia as at the date of this bill.
Notice of withdrawal of trust money
If money has been paid into our trust account for you, we hereby notify you that we will withdraw money from the trust and apply it towards payment of our legal costs that are owed, in accordance with the Uniform Law and the Legal Profession Uniform General Rules 2015