The Terms of Use apply to all site visitors.
Welcome to the Bealla Legal contract review web site.
Bealla Legal is an online platform that allows visitors to order limited-scope contract reviews from qualified Australian lawyers. (“Service”).
The terms on this page (“Terms of Use”) apply to the web site’s home page located at www.beallalegal.com.au, and all associated sites linked to the homepage (collectively, the “Site”).
The Privacy Policy also applies to use of this Site and Services, and forms part of these Terms of Use. By using the Site or Services, you acknowledge that you have read and agree to the Privacy Policy.
Terms of Use
By using the Site or Services, you agree to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NO NOT USE THE SITE.
Additional contract terms apply to registered users. Before signing up to the Service and becoming a registered user, a visitor must accept the terms of the Client Agreement.
The Site is the property of Bealla Legal Pty Ltd (“us” or “we”).
We may change or remove these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site or Services after changes have occurred will mean that you accept and agree to those changes.
As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited right to enter and access the Site to use the Services for business and personal use, but not for resale.
How the Site works
The Site and Services are for guests who are 18 years old or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
You must not copy, reproduce, republish, upload, post or publicly display any part of our Site or Service without our prior written consent.
Breach of these Terms of Use may result in your registration and access to the client portal of the Site being cancelled at our sole discretion or legal action.
We may refuse to carry out the Service at any time and for any reason, at our sole discretion.
The Site and Services can be used to order a contract review. Visitors may complete an order form as an unregistered visitor to the Site; however, by ordering a contract review, and agreeing to our Client Agreement, a visitor will become a registered user.
As a registered user, you may order contract reviews. To create an order you will be asked a number of questions about the documents to be reviewed and personal information about yourself and the contracting parties. We need this information in order to deliver the Service. Our Privacy Policy tells you how we handle personal information.
The total fee must be paid in exchange for us carrying out the Service. Payments made through our website will be charged upon completion of the Service. The total fee payable is based on:
- the length of the documents uploaded
- any deadline you request; and
- if you want a response prepared that you can send on to another party to the contract or its lawyer.
This fee will only change if you request legal work not covered by the scope described in these Terms of Use. If we consider that your contract matter requires us to perform work outside the scope, we will tell you and give you the option to engage us to complete that work, for a fixed fee cost. IF YOU IGNORE OUR ADVICE, YOU DO SO AT YOUR OWN RISK, AND AGREE TO INDEMNIFY US FOR ANY DIRECT OR INDIRECT LOSS YOU INCUR.
If a requested Service is cancelled before we commence the Service, we will not charge you.
We will review the documents you have uploaded and, provided that you have complied with our Terms of Use when ordering a contract review, we will deliver the Service. If you have not complied with our Terms of Use, we will not deliver the Service; we will contact you by phone or email to request more information or correct a deficiency or issue you a notice that we cannot accept your instructions.
Once you become a registered user, information you give us will be in your client portal. Your client portal is accessible by you and us.
This part applies to registered users.
Client Agreement
Before engaging us to provide the Service, and becoming a registered user, you must first accept our offer to enter into a client agreement with you. You may accept our offer by completing the necessary fields in the “Review my contract” section and clicking “I accept” as you upload your documents.
Our promises to you.
By entering this agreement, you are engaging us to perform a limited scope legal review of your documents and to advise you on them.
Our advice will include a summary of:
- the transaction contemplated by a document
- your obligations under a document
- any general obligations arising as a result of you signing the document
- unusual terms which might disadvantage you.
To carry out the Service, you agree to upload documents relevant to your contract.
We will only review contracts with a commercial value up to $AUD 2 Million.
If you misrepresent the value of a contract and upload a commercial contract of more than $AUD 2 MILLION, YOU AGREE TO INDEMNIFY US FOR ANY DIRECT OR INDIRECT LOSS YOU INCUR ABOVE THE $AUD 2 MILLION THRESHOLD, AS A RESULT OF THE SERVICE.
We will only review commercial contracts, contracts for the provision of services, consultancy agreements, procurement agreements, terms and conditions, confidentiality deeds, non-disclosure agreements licences, distribution agreements, employment agreements, master services contracts, guarantees and any other contract or document that is governed by the laws of an Australia State or Territory; and that is not an agreement relating to legal advice, advocacy or other action relating to conveyancing, family law, litigation, insurance law, medical law, any Australian Court, tribunal proceeding or other advocacy service (“Permitted Documents”).
The Service does not include:
- a comprehensive, highly-detailed statement of advice on the contract. THIS IS A LIMITED-SCOPE CONTRACT REVIEW SERVICE.
- on going assistance negotiating necessary changes with the otherside or its lawyer. If you order qualifications, we will prepare an initial response which you may use as a basis for your negotiation with the otherside or its lawyer. If you require our ongoing assistance, you will need to instruct us in writing through the Portal and additional fees will apply.
- undertaking due diligence. You must make your own enquiries about:
- the identity, capacity, authority, financial standing of any person or legal entity.
- the status of and interests over any real or personal property relating to a document or a transaction.
- witnessing any signatures or providing solicitor’s certificates. We are an online business and do not offer services in-person.
- checking any facts that you give us. We assume that all the information you provide us is at all times true and correct.
- advising on any tax, duty, accounting or financial matters or implications.
- advising you in areas of law other than Australian commercial law. You must make your own investigations about any consents, permissions, permits or licences required by any federal, State or local governments or other authority.
- expressing an opinion on the commercial viability or soundness of a transaction.
We will perform the Service with professional skill and diligence as your lawyers acting in your best interests.
We will not perform the Service if:
- factors such as conflict of interest or other laws prevent us from accepting your instructions or continuing to act
- you give us improper instructions; or
- you upload documents other than Permitted Documents.
Your promises to us
You agree to:
- provide only true and accurate personal information.
- to tell us about any pre-existing or collateral obligations you have that might conflict with the transaction contemplated by the documents.
- only submit Permitted Documents.
- pay the applicable fee for the Service.
- inform us of any changes to personal information or circumstances.
- check all the facts we rely on are correct at all times, and assumptions we make, are reasonable.
- make your own enquiries about and satisfy yourself as to:
- the commercial viability and soundness of any transaction contemplated
- the identity, capacity, authority, financial standing of any person or legal entity.
- the status of and interests over any real or personal property relating to a document.
How to communicate with us
You may communicate with us through your client portal and by phone. If you communicate with us by phone, you will be asked questions to verify your identity or your authority.
By accepting this Client Agreement, you request us to communicate with you through the client portal and, in limited circumstances, by email.
You will be notified by email of new posts in your client portal, including any messages we send you. We recommend that you add the email address info@beallalegal.com.au to your safe sender list to ensure you receive notices to check your client portal. If you’re unsure how to do this, please ask your email service provider.
Other than to notify you about new posts and about accessing your client portal generally, we do not communicate by email. Email is typically unencrypted and susceptible to intrusion and therefore not a secure means of communication.
Your security
You are entirely responsible for keeping your client portal password secure, and for any unauthorised access to your client portal, caused by you failing to keep your password secure. You agree to notify us immediately of any suspected or actual unauthorised use of your client portal or password.
Making secure payments
The professional fee for the Service is a fixed fee, calculated based on the instructions you provide in the “Review my contract” page. If the information you provide is inconsistent to your documents you upload (for example, you order a three page contract review but upload a 21 page contract), we reserve the right to decline your order. The amount of GST payable by you will be displayed separately on this page.
You may request, at any time through your online portal, a report of the progress of the Service and statements of fees and costs (if applicable).
We require payment upon completion and payments will be processed after the Service is complete. By accepting this Client Agreement, you hereby authorise us to charge your credit card for the professional fees agreed at the time you placed the order, or agreed to in writing when the scope of the Service changed.
You are entitled to receive a signed bill from us. You are taken to have received our bill upon transmission, when it is uploaded electronically to your client portal upon completion of the Service.
It is sometimes necessary to conduct searches to confirm the identity of contracting parties, sufficiently identify land or property, to determine the credit or bankruptcy status of a party or conduct a search of the Personal Property and Securities Register. We will advise you if a search is required, and seek your instructions before we proceed by ordering a search from a third party service provider. If you instruct to carry out a search, we will ask you to deposit monies in our trust account prior to conducting a search.
We may at any time suspend all work for you until we receive payment in full for any outstanding bills due.
Your rights
If you claim compensation, damages or a contribution from us for loss or damage arising from acts or defaults (including negligence) on our part and some or all of that loss or damage was due to or contributed to by:
- your own acts or defaults or by the acts or defaults of other persons for whose actions or defaults you are responsible; or
- the acts or defaults of one or more other persons, not being partners, employees or agents for whose conduct we are responsible,
then we will be liable only for that proportion of the loss or damage, to a maximum of $AUD 2 Million, which our acts or defaults bear relative to the totality of the conduct of all persons causing or contributing to the loss or damage.
Where any law relating to proportionate liability applies to a claim against us, this clause does not seek to exclude the operation of that law but will continue to operate to the extent that its operation is consistent with that law.
Your right to receive a bill
If we charge you for anything, you are entitled to receive a bill from us complying with the requirements of the Legal Profession Act 2007 (Qld) (“LPA”). We cannot take action to recover any professional fees and other charges that we may have an immediate right or entitlement to until the period specified in the LPA after we have given you a bill has expired.
If we provide you with a bill which does not set out the details of the work, we have done and the charges to be paid for that work, you may request an itemised bill within the period specified in the LPA.
Your right to cancel
You may terminate the Client Agreement by giving us notice through the client portal at any time.
Our right to cancel
We may terminate this Client Agreement:
- if you breach the Terms of Use or this Client Agreement.
- if we discover you have given us false or misleading information.
- by giving you reasonable notice.
- if any payment (including payment of a bill or money in advance) due by you to us under this Client Agreement is not paid on the due date;
- if you do not provide timely, accurate and proper instructions; or
- if, by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation or similar just cause.
Cancellation fees
You will not be charged any fees if we have not commenced reviewing your contract.
If the agreement is terminated either by you or us for a permitted reason, you will be required to pay any professional fees and disbursements incurred up to the date of termination.
Confidentiality
We will keep confidential all confidential information received from you in the course of the work, and persons performing work for you:
- will treat confidential information you give as being given only to them;
- may disclose confidential information within Bealla Legal as required in order to perform the work; and
- will not disclose to you any confidential information of third parties which may be known to them or any other personnel and may otherwise be information to which you are entitled.
Record storage
We will, on completion of a Service, retain electronic records for no more than seven years and on the undertaking that we have your authority to destroy the file seven years after the date of the final bill relating to that Service.
Jurisdiction and applicable laws
Subject to your rights to select jurisdiction under the LPA, Queensland law applies. You irrevocably submit to the exclusive jurisdiction of the Queensland courts.
Where the Service will be completely or primarily provided in, or where the Service has a substantial connection with another state or territory, you have the right to:
- enter into an agreement with us on the basis that a corresponding law of that other state or territory; or
- notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply to our Terms of Use.
