startups

Start-ups and Ecommerce

  • Business structures.
  • Website terms of use and disclaimer.
  • Website contracts for online goods and services.
  • Software as a service.
  • Privacy policy.
  • GDPR.
  • Refund policy.

Start-ups and Ecommerce

When starting a business, it can be difficult to understand what is the best business structure for you.

Are you the sole provider of your products and services? A sole trader structure may be the best fit.

Are you in partnership? You will need a partnership agreement.

Are you a co-founder? Do you need a co-founder agreement?

Is it a family business? A family trust may be what you need.

How much risk for personal liability do you want to take on?

What business structure will reduce your tax liability?

Do you see your business wanting to build a workforce and raise capital in the future? In that case, a company structure may be the best fit.

If you’re a sole trader wanting to change to a company structure, there are many considerations, for example, when is the best time to change and how do you manage the transition regarding bank accounts, invoices and suppliers. You’ll need a new ABN and tax file number for the company. You’ll need to register the company with ASIC and understand your reporting obligations. You’ll need to transfer your assets and liabilities, insurances, memberships/subscriptions.

For online businesses, you will need website terms of use and disclaimer and a privacy policy. If you’re running an online shop, you will need a website contract for the supply of goods and/or services. If you’re selling your products and services worldwide, you may have UK and/or EU citizens accessing your website. In that case, your privacy policy will need to be compliant with the UK/EU GDPR which has additional obligations regarding the protection of data for their citizens.

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Intellectual Property

  • Copyright.
  • Confidentiality.
  • Licensing intellectual property.
  • Assignment of intellectual property.
  • Trademark registration.

Intellectual Property

Intellectual property is your creative endeavour reduced to a material form. It includes ideas, literary, artistic and creative works, inventions, technologies, concepts, procedures, protocols, system, business methods, goodwill in business, brand, product, industrial processes, chemical formulae, computer programs, presentations, names, symbols, confidential information, knowledge or know-how and trade secrets.  Your intellectual property rights are critical to the success of your business.

You, the creator or author, has the exclusive right to reproduce, publish, communicate to the public, perform in public or adapt the copyright work. You can sell or assign your intellectual property to a third party. You can licence the right to use your intellectual property. A person infringes your intellectual property if they use it without your consent. You need to protect your intellectual property and depending on the nature of your business and industry there are various ways to do this.

Your brand identity is something you may want to protect, and you can do this by registering a trademark. With a registered trademark, you have the exclusive right to use, licence and sell the mark. A registered trademark is a valuable marketing tool and as your business grows, it can increase the value of your trademark.

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Contracts

  • Goods and services.
  • Information technology.
  • Grants.
  • Shareholders.
  • Partnership.
  • Employment.
  • Independent contractor.
  • Consultant.
  • Photography.

Contracts

It’s important in any commercial arrangement for the parties to agree on their rights and obligations by way of a written contract. For a contract to be legally binding, it requires careful negotiation and drafting by an experienced lawyer. One never hopes to get into a dispute, but if there is a problem, it is important the contract protects your business interests, particularly your intellectual property and, to the extent permissible by law, liability is limited.

claw

Australian Consumer Law

  • Consumer guarantees for the manufacture, sale or supply of products and services.
  • Strict standards of conduct
  • Penalties for non-compliance.

Australian Consumer Law

It is critical when running a business that you understand your rights and obligations under the Australian Consumer Law (ACL). The ACL imposes consumer guarantees. Products must match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising.  They must match any demonstration model or sample, be fit for the purpose you told it would be fit for, come with full title and ownership, not carry any hidden debts or extra charges, come with undisturbed possession, meet any extra promises made about performance, condition and quality, such as lifetime guarantees and money back offers.

Services must be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage.  They must be fit for the purpose or give the results that you and the business had agreed to and be delivered within a reasonable time when there is no agreed end date.

The ACL imposes strict rules around standards of conduct. When selling or supplying your products and services, you must not make false or misleading representations or engage in misleading or deceptive or unconscionable conduct.

The ACL also imposes strict rules around pricing, warranties and refund policies. Testimonials must be independent and genuine.

Failure to comply with the ACL, can result in severe penalties.