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Distributor Agreements

Distributor Agreements

Distributor Agreements

Distributor Agreements

As a small business operator in Australia, entering into a distribution agreement can be a beneficial way to expand your reach and increase sales. Distribution agreements are contracts between two parties where one party agrees to distribute the products or services of the other party in a particular territory or market. They are contracts that define the terms and conditions under which a manufacturer or wholesale supplier allows a distributor to sell or distribute its products. These agreements provide a framework for the relationship between the parties involved, including the roles, responsibilities, and obligations of each party.

For small business operators such as software providers or trade supply wholesalers, distribution agreements are particularly critical, as they provide a means of expanding their reach and increasing their customer base. They outline the terms and conditions under which the distributor is authorised to sell or distribute the manufacturer’s products. These agreements typically cover a wide range of issues, including pricing, payment terms, delivery schedules, marketing and advertising, and territory restrictions.

 

Key Terms in Distribution Agreements

Before we delve into the specifics of distribution agreements, it’s essential to understand the key terms that are commonly used in these agreements. The following terms are some of the most important ones:

  1. Territory: This refers to the geographic area in which the distributor is authorised to sell the products or services. This will be particularly important to define when distributors use online marketing channels. 
  2. Products: This refers to the products or services that are being distributed.
  3. Term: This is the length of time that the distribution agreement will be in effect.
  4. Minimum purchase requirements: This is the minimum amount of products that the distributor is required to purchase during a specified period. 
  5. Exclusivity: This refers to the exclusive rights granted to the distributor to sell the products or services in the specified territory. Not all distribution agreements are exclusive. 
  6. Termination: This refers to the circumstances under which the distribution agreement can be ended.
  7. Intellectual property: This refers to the ownership and use of any intellectual property, such as trademarks and copyright, associated with the products or services.

    Why are Distribution Agreements Important?

    Distribution agreements are essential for several reasons. Firstly, they provide a legal framework for the relationship between the parties involved, including the roles and responsibilities of each party. This helps to ensure that both parties are clear on what is expected of them and what they can expect in return.

    Secondly, distribution agreements can help to protect the interests of small business operators. By defining the terms and conditions of the relationship, they can help to prevent misunderstandings, disputes, and legal issues down the track. This is particularly important for small business operators who may not have the resources to fight protracted legal battles.

    Finally, distribution agreements can help small business operators to expand their reach and increase their revenue. By partnering with distributors, they can reach new markets and customers, without having to invest significant resources in marketing and advertising.

     

    Important Considerations for Small Business Operators

    As a small business operator, there are some critical considerations you should take into account when negotiating a distribution agreement. These include:

    Territory 

    It’s important to define the territory clearly in the agreement to avoid any ambiguity. This will ensure that the distributor understands their specific rights and obligations within the designated area and there is no overlap with other distributors. 

    Where distribution can be promoted online, particularly through platforms like Facebook, it is important to be clear about what distributors can and cannot do, and what happens if a purchaser falls within a different territory. 

    Minimum Purchase Requirements

    Be careful when setting minimum purchase requirements. The requirements should be reasonable and take into account the distributor’s ability to sell the products or services in the designated territory. A failure to meet a minimum can be a trigger for ending the contract. 

    We’ve had a client in the past who was responsible for maintaining a minimum order on a product imported from overseas. Once COVID hit, the demand for their product decreased and they were in breach of their agreement. The manufacturer provided leeway in the circumstances but has declined to provide an exclusive distribution agreement going forward, which means our client’s business is now of little value for future sale, as a competitor can now import the same thing. 

    Pricing and Payment Terms

    Another important consideration is pricing and payment terms. This may be affected by which party holds stock pending sale. A manufacturer will usually want their production costs covered before allowing product to leave the warehouse, but a distributor may not be required to pay the full wholesale cost until the point of sale. The timing and method of payment, as well as any penalties for late payments or failing to meet minimum order requirements, need to be sufficiently clear that an independent third party (not necessarily an accountant) can work out what needs to be paid, and when just from reading the contract.

    Marketing and Advertising

    Marketing and advertising are critical to the success of any distribution agreement, and distributors are usually selected on the basis that they have an existing market that will purchase the product. Small business operators need to ensure that the distributor has a clear understanding of their products and target market and that they have the resources to market and advertise the products effectively. 

    For online retailers, influencers are like distributors. They have an existing market, and that market likes specific products and expects to hear about them from the influencer. 

    Exclusivity

    Small business operators should carefully consider whether or not to grant exclusivity to the distributor. While exclusivity can provide the distributor with a competitive advantage, it can also limit the wholesaler’s ability to enter into agreements with other distributors in the same territory. If a distributor has exclusivity but is failing to meet minimum orders, then it may be possible to renegotiate terms to reduce their territory to open an area up to another distributor.  

    Termination

    Termination provisions in the agreement must be clear and reasonable. This will help to avoid any disputes or legal issues if the agreement is terminated. An area that is often overlooked is the right of the manufacturer or wholesaler to revoke the distribution rights in circumstances with the distributor could bring the manufacturer into disrepute. For example, if a business decides to publicly support a particular viewpoint – eg. Margaret Court opposed the Australian same sex marriage bill and Qantas publicly supported it – and the wholesaler does not agree with that viewpoint and believes it will cast them in a poor light, then the wholesaler should have the right to end the distribution agreement. 

    Intellectual Property

    Small business operators should be clear about their intellectual property rights and how they will be protected in the distribution agreement. The most common thing to be protected is usually a brand. There should be rules around how it can be used and displayed. It should also ensure that only legitimate products are sold and not counterfeits. 

     

    Tips for Negotiating Distribution Agreements

    Negotiating distribution agreements can be challenging, whether you represent the wholesaler or manufacturer, or represent the distributor. Here are some tips to help you negotiate a fair and beneficial agreement:

    Understand Your Market

    Before negotiating a distribution agreement, it’s essential to understand your market and the potential demand for your products or services. This will help you to determine the appropriate territory and minimum purchase requirements.

    Be Clear About Your Expectations

    Be clear about your expectations regarding sales targets and marketing efforts. This will help the distributor to understand what is required of them and ensure that both parties are working towards the same goals.

    Seek Legal Advice

    It’s important to seek legal advice before entering into a distribution agreement. A lawyer can help you to understand the terms of the agreement and ensure that your intellectual property rights are protected, as well as making sure that any termination provisions are balanced and realistic. 

    Negotiate The Terms

    Don’t be afraid to negotiate the terms of the agreement. Small business operators should be willing to compromise, but they should also ensure that the agreement is fair and beneficial to both parties.

    Review The Agreement

    Once the agreement has been negotiated, it’s essential to do some worked examples of what the terms provide so that all parties are happy the agreement meets their expectations. It is also important to ensure there are no unfair contract terms which could affect the enforceability and profitability of the agreement. 

     

     

    Distribution agreements are useful for small business operators and work well for businesses such as software providers or trade supply wholesalers. These agreements provide a legal framework for the relationship between a manufacturer or wholesale supplier and a distributor, defining the terms and conditions under which the distributor is authorised to sell or distribute the products. You need to carefully consider the distribution territory, pricing and payment terms, marketing and advertising, exclusivity, and term and termination when entering into a distribution agreement. By doing so, the manufacturer or wholesale supplier can protect their interests and expand their reach, increasing their revenue and success in the market.

     

     

     

    How Can Onyx Legal Help You?

    Considering becoming a distributor, or finding distributors for your products or services? Make an appointment with a member of the Onyx Legal Team to review your strategy and help create a clear, easy to use contract to support your growing business. 

     

    What the Changes to Unfair Contract Terms Mean for Small Businesses

    What the Changes to Unfair Contract Terms Mean for Small Businesses

    Unfair Contract Terms: What Online Businesses Need to Know

     

    Have you ever signed an online contract without fully reading or understanding its terms and conditions? 

    If so, you’re not alone. 

    Many people, from those running small businesses to vulnerable individuals, lack the knowledge, ability, time, resources, bargaining power, and patience to effectively review and negotiate terms of standard form contracts.

    Some companies flatly refuse to consider changes and respond along the lines of “those are our standard terms, take it or leave it”. That approach is becoming risky.

    In an attempt to try and level the playing field a little, the Federal Government recently passed a law  (Treasury Laws Amendment (More Competition, Better Prices) Act 2022), which updates the Australian Consumer Law (ACL) to enable the Courts to levy penalties on businesses for including unfair contract terms in standard form and small business contracts. 

    If you have previously paid very little attention to your standard form contracts, or ‘adopted’ them from someone else, or had them given to you by a well-meaning colleague, now is the time to review. If you don’t review your established business practices you face potentially being held liable for quite severe penalties for seeking to impose, or enforce, any unfair contract terms. 

    Previously, the Courts could only declare specific terms of a contract unfair and void, but because unfair terms were not prohibited by law, the Court could not impose any penalties. Now they can. 

    It is expected that individuals and small businesses will have stronger bargaining powers as a result of these changes. A small business is one that employs fewer than 100 people or has an annual turnover of less than $10 million – so the majority of Australian businesses.  

    This still means you either have to go to court, or be taken to court, for these new penalties to be imposed. 

    A business will be found to have breached the law (s.23(2A) ACL) if:

       (a)  the person makes a contract; and

       (b)  the contract is a consumer contract or small business contract; and

       (c)  the contract is a standard form contract; and

       (d)  a term of the contract is unfair; and

       (e)  the person proposed the unfair term.

    At the same time the penalties for breaches such as false or misleading representations, coercion, unconscionable conduct, supplying products that do not comply with established standards, and harassment have attracted maximum penalties for individuals of $2,500,000 and for companies at $50,000,000. Other calculations may be applied, as set out below 

    This means that all businesses, including those businesses mainly online, will need to be more attentive in reviewing and amending their standard form contracts to avoid breaching the revised laws and inadvertently incurring severe penalties.

    As a business, you have until 10 November 2023 to review and amend your standard form contracts.

    As a business, you have until 10 November 2023 to review and amend your standard form contracts.

     

    But What Exactly Is An Unfair Contract Term?

    An unfair contract term, according to the ACL, is one that causes an unreasonable or unnecessary imbalance between the parties’ rights and obligations under the contract. An unfair contract term protects one party whilst the other party bears all or most of the risk and cannot negotiate their position. So, a ‘take it or leave it’ approach to contracts. 

    Unfair contract terms could also include clauses that are not reasonably necessary to protect one party’s legitimate interests and would cause financial or other detriment to the other party if relied upon. 

    Examples of unfair contract terms include allowing one party to terminate, amend, or renew the contract while the other cannot. Other examples include allowing one party to vary the price, goods, or services without the other party’s consent or ability to end the contract if they disagree. 

    Consider an example of an online subscription product where the company providing the product unilaterally decides to increase the monthly plan without your consent. You have a power imbalance, with little ability to negotiate a lesser plan. The increase might even apply without you realising it – even if the business provided notice via email before the change. Not everyone gets through their emails… 

    Unfair contract terms have always been prohibited and the amendments to the ACL do not change the definitions or considerations of defining unfair contractual terms; instead the amendments affect how those contract terms are dealt with and the increased penalties. 

    The situation used to be that if you felt there were unfair contract terms in an agreement, you had to go to court to get an order saying the terms were unfair and therefore void. Now, the Court also has the ability to levy penalties. 

    Contract terms which the courts have previously considered to be unfair include those which:

    • give rise to an imbalance between the parties’ rights and obligations
    • are not necessary to protect any one party’s legitimate interests in a contract or project
    • allow one party but not the other to limit the performance required under the contract
    • penalise one party but not the other for breaches of the contract
    • allow one party but not the other to renew the contract
    • allow one party to vary the contract with the other party having a right to terminate for breach
    • allow one party to vary the price or goods or services without the other parties’ consent
    • allow one party to terminate on a wide range of reasons and which may have significantly adverse consequences for the other party

    Maximum Penalties

    Does your business have the greater of $50 million, or 3x the value of the benefit obtained, or, if the value of the benefit cannot be determined, 30 per cent of your business turnover during the period you engaged in the conduct?

    Those are the maximum penalties for a company if it is found to have imposed unfair contract terms. 

    For individuals, it is $2,500,000.

    If you are a sole trader, can you afford $2,500,000?

    Fines have also been increased for breaching the Competition and Consumer Act 2010 (CCA). For example, a finding of anti-competitive behaviour can carry maximum penalties of up to $50 million or three times the value of the benefit obtained, or, if the value derived from the breach cannot be determined, 30 per cent of the company’s turnover during the period it engaged in the conduct, whichever is greater. No business can afford to take these unnecessary risks.

    In addition to these penalties, the courts have the power to void, amend, or refuse to enforce part or the whole contract to remedy the loss suffered by the wronged party. 

    If a particular clause is deemed to be unfair, the court may also stop a party from including similar unfair terms in future standard or small business contracts. 

    Online businesses of all sizes and industries are at risk of breaching the revised legislation, but those that using standard form contracts are particularly exposed. To avoid these risks, all small businesses including online businesses should review their standard form contracts, obtain legal advice if necessary, and amend any outdated or unfair terms before the 12-month respite period ends on 9 November 2023.

    These changes to the ACL seek to limit the negotiation power imbalance between parties in the standard form and small business contracts. 

    They aim to prevent companies or individuals from taking advantage of unfair contract terms and penalising those who do. As an online small business owner, it’s important to be aware of the changes and take action to ensure that your standard form contracts comply with the revised legislation. 

    Now is the time to review and revise any standard form contracts you may have!

     

     

    How Can Onyx Legal Help You?

    Send us your standard terms and conditions to advice@onyx.legal and ask for a quote to update your contracts or terms and conditions before it is too late. 

    Revenue Share Deals for Online Business – the Legal Side

    Revenue Share Deals for Online Business – the Legal Side

    Revenue Share Deals for Online Business – the Legal Side

    Revenue Share Deals for Online Business

    What is a Revenue Share Deal?

    Revenue share deals are a type of business agreement in which two parties agree to share the revenue generated by a specific product or service. The revenue is typically generated by sales, but it can also come from other sources such as advertising or subscriptions.

    Revenue share agreements work well in the online business environment  and are subtly different from a joint venture, although share many of the same features.

    Whilst a joint venture might be intended for a specific project, and may also be time or project limited, revenue share deals can be perpetual and unending, provided the parties maintain their good working relationship.

    Generally speaking, in a revenue share deal one partner has unique skills which can enhance the performance of a business beyond its current state (eg. strategy), and the other party has a business they want to improve, without the knowledge or experience to do so (eg. operations). As the operations person, the strategic partner often becomes your objective, trusted advisor and promoter, without having any control, ownership or decision making in the business.

    This makes revenue share deals attractive to business owners who do not want to give up control or equity in what they have created, don’t have the immediate capital or cashflow to pay a high level advisor, but still want to leverage the knowledge and skills of an advisor.

    It’s important to note that in a revenue share deal, both parties are sharing the risk as well as the rewards. If the product or service doesn’t sell well, both parties will earn less revenue.

    Revenue Sharing Business Model Examples

    1.  Revenue sharing companies

    Employee share schemes or other incentive programs, bonus payments to high performing distributors and distributions to shareholders are all forms of revenue sharing in companies. Whilst having an underlying performance base, typically the company retains control over the decision making around whether or not a distribution is made.

    2.  Sports and entertainment industries commonly use revenue sharing arrangements

    Coaches and managers might take a share of the revenue a player or an entertainer receives from participating in an event. By way of example, for the popular sport of Australian Rules Football, the AFL Players’ Association requires agents to be accredited with them and publishes as a guide

    Typically agents won’t charge a fee during a player’s first season or if they are on a rookie contract. From their second year on a list, it’s usually in the 2% to five per cent range on any football payments a player earns. In relation to any commercial or promotional activities, the typical rate is 20 per cent.”

    The league generates its revenue from the promotion of the game. Player salaries typically come from the revenue distribution to their club received from the governing league. This was highlighted in early 2023 when the association for rugby players rejected the salary cap issued by the NRL.

    3.  Commission and affiliate based arrangements

    Straight commission or affiliate agreements without underlying retainers are really a revenue share model. Payment is calculated on each sale over a threshold, even if that threshold is only one sale. Sales are dependent on the efforts of the salesperson and the work of the salesperson only costs the business a percentage of the sale made. Provided that costs of the product or service are not excessive, both parties benefit. 

    4.  Revenue Share in Ecommerce

    Cost per click advertising is a form of revenue sharing, provided the click converts to a sale!

    Advantages and Disadvantages of Revenue Sharing

    Some Pros:

    • equal risk to the parties, which can mitigate potential financial losses for either party
    • revenue sharing is performance based – if either party stops performing, revenue decreases
    • both parties can benefit from increased sales and revenue
    • generally speaking, the contributions of the revenue share party extend the business beyond what the business owner could achieve on their own
    • the revenue share party doesn’t have to acquire ownership or liability for businesses it partners with, but can generate a steady stream of revenue from the relationship
    • easier calculation than profit share, as cost of sales is not taken into consideration

    Some Challenges:

    • revenue sharing arrangement require a high level of trust
    • if a revenue party is brought in to improve strategy, the operations partner needs to be willing to change existing business practices
    • it can have a slow start – strategic changes may take time to produce tangible increases in revenue
    • an operations partner may not still see the value in the arrangement after the strategic implementations are completed and there is less input from the strategic party

    Cons:

    • revenue share works best where the product or service being sold has an identified market and demand
    • revenue share works best with standard products and services, rather than bespoke offerings
    • both parties are likely to be dependent on each other for revenue and success, which can create tension in the relationship
    • the terms of the agreement may be difficult to renegotiate if one party is not satisfied with the arrangement
    • revenue sharing arrangements are generally not attractive to strategic partners when the business is not ready for sales, or is ready, but hasn’t made any sales
    • regulatory, environmental or social changes that significantly impact a business (think COVID impact on hospitality) can ruin a revenue share opportunity

    Someone looking to rapidly scale may be seeking a significant involvement of the revenue share partner from the beginning, with feedback potentially reducing over time. It is important to understand that this is different from a standard coaching relationship and that the time contribution of the strategic partner may vary significantly over the life of the relationship, without changing their impact on the business, and therefore entitlement to revenue share.

     

    Example Revenue Share Formula

    Before establishing a revenue share model, it will be useful for you to consider what it is you want to achieve.

    Consider an education and coaching business offering online programs with some live video coaching sessions.

    The creator of the business has the knowledge and experience in the subject matter, but would like to increase sales, their current sales are $500,000 per year, which returns a profit. The creator enters into a revenue sharing agreement with a specialist online marketer for the purpose of increasing earnings from their existing products and services.

    The revenue share formula might look like this:
    – 12% of all sales revenue over $500,000 per annum
    – sales are calculated 30 days after purchase and exclude any refunds or cancellations
    – distribution of revenue share is made once per quarter for sales occurring in the 90 days ending 30 days before the end of the quarter

    In this model, any additional costs incurred by the business do not need to be taken into consideration. The cost of changes in marketing recommended by the specialist online marketer will be covered in the balance (88%) of increase in revenue.

    What to Think About Before Entering a Revenue Share Deal

    Some things you might like to consider are:

    1. your role and expectations in the revenue share
    2. are you starting from a zero base, or is there existing revenue?
    3. what skills or attributes you are looking for in a revenue share partner
    4. the other party’s role and expectations
    5. structuring the deal
    6. the amount of revenue share
    7. what happens when the revenue share is not paid?
    8. what is the business is sold?
    9. what happens if one party wants out?
    10. meeting and reporting obligations

     

    Ending a Revenue Share Agreement

    It is important that you are clear on expectations and what will happen if the agreement ends. You will find the proposed revenue share agreement more useful if you can clearly identify any areas where there is potential for dispute and address those things in the agreement, up front.

    Open and frank negotiation should always be the first resort (having some tough conversations) but that can stop being feasible if the relationship between the parties has broken down. It is important to have a quick and effective dispute resolution process to avoid damaging the business – the revenue source for each party. With international transactions, international commercial arbitration is often the most accessible and sensible course, but if the parties are in the same country, other options may be preferred.

    It is common for there to be a form of earn out included when a revenue share agreement comes to an end by the operations partner. This is in recognition of the contribution of the strategic party’s efforts at the start of the relationship when the changes suggested took time before showing results. If the strategic partner wants out, depending on the reasons, the earn out might or might not come into effect.

    It is also not unusual for a strategic partner to request an entitlement to a share of the revenue on a sale of the business, in place of that earn out arrangement. This is because revenue share agreements are so dependent on the relationship between the parties and are unlikely to be transferred to a new owner of the business.

    How can Onyx Legal help you?

    Make an appointment with one of our team to discuss how to implement a revenue share model for your business.
    If you are considering a revenue share deal, download our Revenue Share Questionnaire here to help you get started.

    Online Learning: Protecting Your Business Online

    Online Learning: Protecting Your Business Online

    Online Learning: Protecting Your Business Online

    Consumer Protection Laws in Business

    Did you know that all businesses must comply with consumer protection laws? So, it is important you understand how consumer rights affect your business. In this video, we give you example of a variety of topics that form part of consumer protection law, and therefore your obligations as a business owner.
     
    Quick Guide to Consumer Protection Law – Video Table of Contents
    2:00 Looking at Consumer Guarantees that Affect Your Business
    2:35 What are Consumer Guarantees for Products – Maximum value now $100,000 up from $40,000
    7:41 What are Consumer Guarantees for Services – Maximum value now $100,000 up from $40,000
    10:42 Check out the ACCC Small Business Education Program link
    11:22 What is Misleading and Deceptive Conduct
    14:50 Examples of Misleading and Deceptive Conduct
    17:43 What are Fair Payment Terms for Sellers and Is it Illegal to say “No Refunds”?
    20:45 How Important is it for Your Business to Display Prices?
    23:32 What about Selling Below Cost?
    25:02 Do You have Unfair Contract Terms and How do Unfair Contract Terms apply B2B?
    27:07 Why it is Important to Have Clear and Simply Contracts
    29:50 Do You Have to Comply with Product Safety Standards
    31:33 How to Contact Onyx Legal – NEW booking page link here

    PRIVACY FOR SMALL BUSINESSES

    All business owners must understand their obligations under Australian Privacy Laws.
     
    To ensure your business stays on the right side of the law, watch our video to see our Principal Lawyer, Jeanette Jifkins, explain Privacy Law in Australia in more detail.
     

     

    TERMS AND CONDITIONS

    Terms and conditions help protect you and your consumer. So what do you need to include on your website?

     

     
     
    Watch our video to see our Principal Lawyer, Jeanette Jifkins, explain.

     

    website ownership basics

    Who owns your website and what does that mean?
     
    Did you know there is a difference between your domain name and what people see on your website?
     
    Watch our video to see our Principal Lawyer, Jeanette Jifkins, discuss website ownership.

     

    understanding copyright law

    Watch the full video on Understanding Copyright Law below.

     

    managing testimonials, comments, and reviews

    Let’s talk testimonials and no, you can’t make them up.
     
    How do you manage them? Are you allowed to use testimonials for advertising? Can you edit them?
     
    Watch our video to see our Principal Lawyer, Jeanette Jifkins, answer all these questions.

     

    anti-spam

    Spam is an electronic commercial message that can include email, phone and even online chat platforms.
     
    When done incorrectly it can be easy to create marketing that your audience may categorise as spam.
     
    If you want to avoid this we recommend watching our below video to see our Principal Lawyer, Jeanette Jifkins, explain anti-spam in more detail.

     

    How can Onyx Legal help you?

    As a Small Business Owner it is sometimes hard to know where to start and scary not knowing what is important for your business from a legal perspective. Book your chance to get some quick, practical legal answers from the Onyx Legal team here and clarify your Next Steps in Business.   

    Online Learning: Protecting Your Business Online

    Online Learning: Protecting Your Business Online

    Online Learning: Protecting Your Business Online

    Consumer Protection Laws in Business

    Did you know that all businesses must comply with consumer protection laws? So, it is important you understand how consumer rights affect your business. In this video, we give you example of a variety of topics that form part of consumer protection law, and therefore your obligations as a business owner.
     
    Quick Guide to Consumer Protection Law – Video Table of Contents
    2:00 Looking at Consumer Guarantees that Affect Your Business
    2:35 What are Consumer Guarantees for Products – Maximum value now $100,000 up from $40,000
    7:41 What are Consumer Guarantees for Services – Maximum value now $100,000 up from $40,000
    10:42 Check out the ACCC Small Business Education Program link
    11:22 What is Misleading and Deceptive Conduct
    14:50 Examples of Misleading and Deceptive Conduct
    17:43 What are Fair Payment Terms for Sellers and Is it Illegal to say “No Refunds”?
    20:45 How Important is it for Your Business to Display Prices?
    23:32 What about Selling Below Cost?
    25:02 Do You have Unfair Contract Terms and How do Unfair Contract Terms apply B2B?
    27:07 Why it is Important to Have Clear and Simply Contracts
    29:50 Do You Have to Comply with Product Safety Standards
    31:33 How to Contact Onyx Legal – NEW booking page link here

    PRIVACY FOR SMALL BUSINESSES

    All business owners must understand their obligations under Australian Privacy Laws.
     
    To ensure your business stays on the right side of the law, watch our video to see our Principal Lawyer, Jeanette Jifkins, explain Privacy Law in Australia in more detail.
     

     

    TERMS AND CONDITIONS

    Terms and conditions help protect you and your consumer. So what do you need to include on your website?

     

     
     
    Watch our video to see our Principal Lawyer, Jeanette Jifkins, explain.

     

    website ownership basics

    Who owns your website and what does that mean?
     
    Did you know there is a difference between your domain name and what people see on your website?
     
    Watch our video to see our Principal Lawyer, Jeanette Jifkins, discuss website ownership.

     

    understanding copyright law

    Watch the full video on Understanding Copyright Law below.

     

    managing testimonials, comments, and reviews

    Let’s talk testimonials and no, you can’t make them up.
     
    How do you manage them? Are you allowed to use testimonials for advertising? Can you edit them?
     
    Watch our video to see our Principal Lawyer, Jeanette Jifkins, answer all these questions.

     

    anti-spam

    Spam is an electronic commercial message that can include email, phone and even online chat platforms.
     
    When done incorrectly it can be easy to create marketing that your audience may categorise as spam.
     
    If you want to avoid this we recommend watching our below video to see our Principal Lawyer, Jeanette Jifkins, explain anti-spam in more detail.

     

    How can Onyx Legal help you?

    As a Small Business Owner it is sometimes hard to know where to start and scary not knowing what is important for your business from a legal perspective. Book your chance to get some quick, practical legal answers from the Onyx Legal team here and clarify your Next Steps in Business.