Unfair Contract Terms

A standard form contract is one that is prepared by one party and gives the other party little or no room to negotiate the contract e.g., the terms and conditions of an online service which you agree to by simply clicking an “I agree” button.

The Australian Consumer Law protects both individuals and small businesses (i.e. businesses employing fewer than twenty people, and where the upfront price under the contract does not exceed $300,000 or $1 million if the contract is longer than twelve months)

Unfair contract terms

➝ Allow one party, but not the other, to change the contract

➝ Avoid or limit liability for negligence

➝ Allow one party, but not the other, to solely determine if the contract has been breached

➝ Limit a party’s right to sue the other party

➝ Penalize one party, but not the other, for a breach or termination of the contract

Why choose us?

We have a combined experience of over 50 years’ experience in providing contract law advice to individuals, small businesses and large corporations across various sectors, including software and computing, telecommunications and technology, e-commerce, etc.. 

We understand that for many businesses, due to the nature of the services they provide, it may not be practicable to prepare a tailor-made agreement for every single customer or to always give customers the opportunity to negotiate before signing a contract.

We have expertise in drafting standard form contracts that are compliant with the Australian Consumer Law. We have a track record of drafting standard form contracts that have never been subject to consumer complaints or come under scrutiny from the Australian Competition and Consumer Commission.

Our services are competitively priced, and depending on your preference, we offer fixed fee and hourly billing options.