Net Lawman Terms and Condition in Australia

1.

Interpretation

In this document . . .

2.

Our paramount aim . . .

is to provide you with quality legal document templates so as to enable you to operate your business as smoothly and profitably as possible. We are confident we shall provide a high quality service at all times. If however you have any queries or concerns about our work for you, please address them by email to andrewrt@netlawman.com.au. We greatly value your business, and would not wish to think you have any reason to be unhappy with us.

3.

Information you give us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our services.

4.

Our Contract

1. You become a client when we both agree that you are a client. So you become a client only when:

1.      you have sent a completed instruction to us through this web site and paid for the document you have ordered and

2.    we have responded in a manner indicating acceptance, for example by providing or starting to provide the document you have requested.

2.   You also become a client or customer when we provide a document or advice or information to you in expectation of payment but before you have actually paid.

3.      There is no contract between us for any free service, so you do not become a client by using any free service and we are not liable to you in any way resulting from your use of any free service.

4.      Prices for business Services are inclusive of any applicable Goods and Service Tax (GST) or other sales tax.

5.      The price of any document may be changed by us at any time.

6.      Services will be delivered by your free download, by e-mail or by both of these, at our choice.

7.      You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way.

8.      You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider ($15 at 1st July 2004) and secondly a sum based on time spent at $25 per hour in dealing with your breach. You also agree that this provision is reasonable.

5.

Delivery of the Services

1.      Services supplied instantaneously or almost so, will be delivered by e-mail or by your own down-load from Our Web Site. You may obtain re-delivery as often as you wish for a period of 30 days.

2.      Services by "Net Lawman Professional" will be delivered in accordance with your instructions given to us from time to time through Our Web Site.

3.      We accept no responsibility for problems you may have in down-loading any document or other Service, but we will gladly deliver by some other means of our choice, if you ask us to do so.

4.      If you pay by Cheque, we will deliver the document(s) to you by e-mail within five days (and often very much sooner) after clearance of your Cheque into our account.

5.      Our contract with you is concluded on the first to happen of:

1. your receipt of the document(s) you have bought, by any means;
2. our sending of the document(s) by e-mail and not receiving notification from our service provider of non-delivery.

6.

If you buy as a consumer
If you buy as a Consumer then the contract will be governed by the Trade Practices Act and the Electronic Transactions Act:

1.      You may have a right to cancel the contract. In that event, we will refund your payment in full by means of the same method as you paid us. If you buy a will using our wills system, the transaction is regulated by these regulations.

2.      Substitute services will not be offered under any circumstances because we do not believe it is in your interest that we should do so.

3.      Free Services are not covered by the Act.

7.

Promotions, offers and events

1.      If we offer Services in some way not anticipated by these terms, then you are entitles to terms no less favourable than those set out here.

8.

Limitations on our Service

1.     We make no representation and give no warranty with respect to any of the Services. We do not suggest any Service is suitable for your particular use. Net Lawman advice and documents are provided "without liability". If that is not acceptable to you, then see a solicitor.

2.   Documents are provided as template versions for you to edit and change to suit your circumstances. We do not refund money if you decide not to use a document.

3.    Documents may include technical inaccuracies or typographical errors.

4.     We are not responsible for any action you decide to take as a result of receiving our advice.

5.     Specific services, such as the service to check web site compliance, are not guaranteed to be comprehensive as to compliance with all law. They are limited to the specific law identified on relevant page detailing the service. We do not comment on details we consider to be of no practical relevance.

6.    The Net Lawman service does not extend to our handling of your "case", nor will we contact any third party on your behalf without a special arrangement. Accordingly, we are not available for follow up telephone advice or any other action except as specified on this web site. The contract between us extends only to the services offered on this web site.

7.      Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

8.      We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our services.

9.      Advice given and documents produced by Net Lawman are valid only within the jurisdiction of Queensland.

9.

Content and Intellectual Property Rights

         i.    When you "buy" a Net Lawman form or document, what you do in fact buy is a licence to use our document for the purposes of your own business or in a single company. You may use it as often as you like subject to the other terms of this agreement.

        ii.        All ownership rights and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect our rights in all countries.

          iii.       You may not copy, modify, publish, transmit, transfer or sell, reproduce, create deriGSTive works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

          iv.        It is a condition of your license to use any document that you preserve our copyright notices as far as reasonably possible and at least once on every document.

11.

Net Lawman charges

Charges are fixed whenever reasonably possible.

12.

Legal Service funding (legal aid)

We do not work under the legal aid scheme and cannot advise you whether you are eligible for legal aid funding. If you would like an opinion as to whether legal aid funding would be of assistance to you, then you should consult a solicitor.

13.

Telephone communication

We do not advise by telephone. If you have a question arising directly from our Service, we will reply by email or fax at our choice.

14.

Storage of papers and documents

We are not obliged to keep copies of communications between us. In practice, we will endeavour to keep soft copy of advice given, for our own benefit. You are strongly advised to print and retain a copy of all communications between us.

15.

System Security

        i.            You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Web Site.

      ii.            You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on, and that you will not permit any other person to do so.

       iii.          You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

       iv.          Examples of violations are:

1. accessing data unlawfully or without consent;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
5. taking any action in order to obtain services to which you are not entitled.

16.

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

17.

Severability

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18.

No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

19.

Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

20.

Governing Law

This arrangement shall be governed by and construed in accordance with the laws of Queensland.

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Copyright Andrew Taylor and Net Lawman Ltd 2007.