@WORK TERMS & CONDITIONS

These Standard Terms and Conditions apply to services supplied to @Work or @School clients (clients or you) by Frank Law Pty Limited (ABN 66 602 869 376) of Level 10, 80 George Street, Parramatta NSW 2150 (trading as Frank Law) (us or Frank Law).

1. 1. The Agreement
      A. An agreement is formed when you subscribe to the @work or @school professional service from us (by accepting these terms).
      B. You warrant that you are authorised to enter into this agreement.
      C. The agreement will be made up of:
                i. Our email with our offer/quote and the subscription fee;
                ii. The Service Description in our @work or @school brochure (also available for access here); and
                iii. These Standard Terms and Conditions.
      D. If there is inconsistency between any part of the agreement, the inconsistency will be resolved according to the following order of priority:
                i. Our email with our offer/quote and the subscription fee.
                ii. The Service Description in our @work or @school brochure (also available for access here); and
                iii. These Standard Terms and Conditions.

2. 2. Period of the Agreement
      A. The agreement commences when we receive the first payment from you;
      B. The agreement will continue until it is terminated by either party in accordance with this Agreement.
      C. This Agreement may be terminated by you by providing 30 days’ notice to us.
                i. If we receive your notice less than 30 days prior to your next date for payment then we may charge you for the next month.
                ii. We may terminate this Agreement at any time.
      D. Terminating this Agreement does not affect the rights and obligations of the parties.

3. 3. Changes to the Agreement
      A. We may change the agreement in the following circumstances:
                i. Where you agree to the change;
                ii. Where the change will not adversely affect you and, before the changes take effect, we have given you notice of the change;
                iii. Where the change is to introduce or vary a fee or charge to pass on a tax or levy imposed by law and, before the changes take effect, we have given you notice of the change.
      B. Notice of a change to the agreement may be given by us:
                i. By email to your nominated account email address,
                ii. With or as part of a bill, or
                iii. otherwise in writing, including by mail.
      C. Changes to these standard terms or a service description will be made available online and you are encouraged to check our website regularly.
      D. If we change the agreement under clause 3.1(c), you may cancel the agreement within 30 days of the date of the notice without incurring charges.
      E. Your ongoing use of the service after the date of a variation, alteration, replacement or revocation or on the expiry of the 30 day period, is deemed acceptance of the variation, alteration, replacement or revocation.

1. 4. Your Private Information
      A. As part of your application and in connection with the provision of service to you, we may obtain from you private information about you.
      B. Frank Law may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.
      C. Frank Law is required by law to collect the full name and address of clients and keep this information up to. If the Client does not give Frank Law their full name and address Frank Law cannot act for the Client.
      D. The Client’s personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth).
      E. The Client authorises the reasonable disclosure of personal information to Third Parties, the Courts, Experts, or Barristers or other party as necessary during the matter. Client’s personal information is managed and protected in accordance with the Firm’s Privacy Policy. A copy of the Privacy Policy can be provided upon request.

5. 5. Minimum Contract Period
      A. If you have subscribed to a monthly subscription:
                i. The minimum contract period is the minimum fixed period during which you must acquire the service. The minimum contract period is 1 month. The minimum contract period commences when the service is activated.
                ii. If, during the minimum contract period, you cancel the service or we cancel the service then you forfeit one month of the subscription fee.
      B. If you have subscribed to an annual subscription:
                iii. The minimum contract period is the minimum fixed period during which you must acquire the service. The minimum contract period is 1 year. The minimum contract period commences when the service is activated.
                iv. If, during the minimum contract period, you cancel the service or we cancel the service then you forfeit one year of the subscription fee.
      C. Once the Minimum Contract Period is over, your service will continue to renew automatically, and you will continue to be charged for the service, until such time as you or we cancel the service in accordance with these Terms and conditions.

6. Professional Services

Frank Law will provide you the services as detailed and outlined in the @Work or @School brochure. The @Work and @School subscriptions exclude those exclusions in the brochure and any capital raising.

7. Engaging Barristers, Other Lawyers & Experts

The Client agrees that, to the extent necessary, Frank Law will act as an agent to retain the services of a Barrister, another lawyer or an expert on the Client’s behalf. Frank Law will consult with the Client about the terms of their engagement and the cost.

8. Paying your subscription

We will direct debit your account every month (for a monthly subscription) or annually (for an annual subscription) the subscription fee through Stripe and provide to you a receipt for your records.

You:

                  A. Acknowledge that Stripe have Terms and Conditions that you agree to by entering into this Agreement.

                 B. Authorise us to draw money from your account via Stripe;

                 C. Acknowledge that if the day on which you are due to make payment to us is not a business day, then we may draw payment on the next business day;

                 D. May ask us to:

                                i. alter the terms of your Offer;

                                ii. defer a payment to be made;

                                iii. stop a drawing under Stripe. In such instances an alternative method of payment must be arranged 10 business days prior to the due date and                                              payment received by the due date;

                 E. acknowledge it is your responsibility to ensure there are sufficient clear funds available in your account by the due date, on which we will draw any amount through Stripe;

                 F. acknowledge that if your Financial Institution rejects any of our or Stripe’s attempts to draw an amount in accordance with your offer, we will recharge any dishonour fees  charged to us by the Financial Institution, to your account. We will make two attempts to draw outstanding amounts. If these fail, we will attempt to contact you by telephone or in writing to seek alternative methods of payment for the outstanding balance of your account, and to agree a suitable payment method for future account payments. If we are unable to receive payment within 5 business days then the services provided by our Firm will stop without any further notice to you,

                E. acknowledge not all accounts held with a Financial Institute are available to be drawn under the Direct Debit System and that prior to providing your account details to us under the Direct Debit Request, have verified those details against a recent statement from your Financial Institution to ensure those details are correct.

9. Retention & Destruction of Documents

Frank Law will retain the Client’s documents for 7 years. The Client gives Frank Law authority to destroy the Client’s file after 7 years. This authority does not relate to any documents which Frank Law has agreed to hold in safe custody. Documents held in safe custody will be retained on the Client’s behalf indefinitely. The Client will be liable for the cost of storing and retrieving documents and for our professional fees in connection with this.

10. Lien

Frank Law is entitled to retain, by way of a lien, any funds, property or papers of the Client, in Frank Law’s possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid. This lien will continue even if Frank Law ceases to act for the Client. 

11. Interest

If an invoice has not been paid in full by the due date, the Client may be liable for interest charged on the outstanding amount. This is in accordance with section 195 of the Legal Profession Uniform Law (NSW) (Uniform Law). All interest will be charged at the maximum rate prescribed in Rule 75 of the Legal Profession Uniform General Rules 2015.

12. GST

Where applicable, GST is payable on professional fees and expenses. The Client agrees to pay Frank Law an amount equivalent to the GST imposed on these charges. GST will be clearly shown on our tax invoices. If the Client is GST exempt it is the Client’s responsibility to advise Frank Law.

13. Equitable charge

The Client (of the director of the Client where applicable) grants Frank Law an equitable charge in all real and personal property to which the client is the legal or beneficial owner. The equitable charge grants Frank Law a caveatable interest, that is the right to register a caveat over any real or personal property registered in the name of the Client or for which the Client appears on title.

14. Costs involved in Court proceedings

The Client acknowledges that they are aware that:

A. if the Client is involved in litigation, they will have to pay Frank Law’s fees no matter the outcome;

B. even if the Client is successful in proceedings and have a costs order in their favour, there is no guarantee or certainty that they will recover the whole of their legal costs from the other party.

C. if the Client loses or is unsuccessful in court proceedings the court may order them to pay the other party’s costs. The other party’s cost depend on who the other party has retained and their charges.

15. Authorisation

You authorise Frank Law to receive directly into its trust account any judgment or settlement amount, or money received from any source in relation to your work.

16. Monies in trust

The Client authorises Frank Law to apply any monies held in trust towards any invoices owed to Frank Law or third parties in relation to work on behalf of the Client. This may be done at any time, irrespective of whether an account is due.

17. Sending material electronically

The Client consents to Frank Law sending and receiving correspondence electronically. The Client releases Frank Law from any claim that may result from any unauthorised copying, recording, reading or interference with that correspondence, and as a result of any delay or non-delivery of any document, and for any damage caused to the Client’s system or files.

18. Guarantee (where the Client is a company)

If the Client is a company, the director, officer or person who signs this Agreement on behalf of the Client company becomes a Guarantor. The Guarantor agrees to the due and punctual payment by the Client company of all money which is or becomes payable by the Client company to Frank Law under this Agreement or any other account. The Guarantor agrees to pay Frank Law all money payable on demand and Frank Law need not issue a demand to the Client company before such a demand is made on the Guarantor or any other steps are taken to recover amounts owing

19. Complaints

If you have any complaints please email us at info@franklaw.com.au and include your matter name and number so that we may respond to you.