ELBizDocs Online Legal Solutions

Essentials + Structuring - Start-Up Business ($2,800)

Including New Company + New Trust Creation, Website Terms and Conditions, Privacy Policy and your 'key' terms document (being one of Membership/Subscription Agreement OR Services Agreement OR Terms and Conditions OR Credit Account Application)

Do I need this bundle of documents?

Yes, if you are the owner of a start-up business or a small business who has not had your legal documents prepared by a business lawyer and is currently trading as a sole trader.

When is the right time to upgrade to a Company and Trust structure?

Creating a Company and family Trust involves the upfront cost of this ELBizDocs product, as well as ongoing accounting costs. If your business is not yet making much money, it might not make financial sense to upgrade to a Company and Trust structure just yet. However, you should keep in mind that when you are ready to transfer the business to the new company, you will be required to pay stamp duty on the value of any business assets (including goodwill). As such, you don't want to wait until your business is worth thousands of dollars and you will be lumped with a considerable stamp duty bill! The exact timing is usually a matter to be discussed with your accountant.

Are you ready to create a New Company and family Trust?

Before you proceed with ordering a new ELBizDocs Company and family Trust, we strongly recommend that you first:

  1. speak to your accountant and financial advisor, to determine if a Company with a Family Trust as Shareholder is the right business entity for you, from a taxation perspective; and
  2. find out the ongoing accounting costs associated with the new entities.

Website Terms and Conditions

If your business has a Website, you need Website Terms and Conditions to set out your users’ rights and obligations in relation to using the Website. This is particularly important if your users can upload content, post photos or post comments on the Website or where you allow the user to input their personal information into the Website. Our Website Terms and Conditions can also help limit your liability to users of your Website.

Privacy Policy

There are many factors that influence whether or not you are required to have a Privacy Policy pursuant to Australian privacy law. Most start-up and small businesses (i.e. businesses with an annual turnover of $3 million or less) are not required by law to have a Privacy Policy. However, there are a collection of exceptions to this statement, the most important one being that any 'Health Service Provider' is required to comply. A Health Service Provider for the purpose of Australian privacy law basically includes any business that collects information relating to a person's weight, height, medical history or medical condition. It is very broad and almost always includes gyms and fitness providers, services relating to children and online health services, in addition to the more obvious businesses such as medical providers.

If your business isn’t a ‘Health Service Provider’ and you don’t turnover $3 million per annum, you might decide to ‘opt into’ the privacy law regime anyway, in accordance with the Office of the Australian Information Commission (OAIC)’s recommendation. Complying with the privacy law framework (including having a compliant Privacy Policy) can demonstrate to your customers/clients that your business has integrity and reduce the number of complaints that you receive. However, you cannot ‘partially opt in’ – if you make the decision to have a Privacy Policy, you must ensure that you comply with all of your obligations under the privacy legislation. You can access excellent resources on the OAIC’s website to assist you in this regard.

Key Terms Document

Having a well-drafted, appropriate Agreement with your customers or clients can protect you in relation to matters of legal liability and ongoing payment, as the Agreement sets out the terms and conditions upon which you agree to provide goods/products or services to your customers or clients.

You will need to select which ‘key terms’ document is the most appropriate for your business, from the following:

  1. Membership or Subscription Agreement - if you offer membership or subscription-based services to clients or customers. Some examples of the types of businesses who require this type of document include gyms and other health and fitness operators, membership organisations or monthly ‘gift’ subscription services;
  2. Services Agreement - if you offer services to clients or customers. Some examples of the types of businesses who require this type of Agreement include health professionals, personal trainers, photographers, project managers, graphic designers, web designers, digital marketers etc.
  3. Terms and Conditions (Sale of Goods) - if you sell goods or products to customers; or
  4. Credit Account Application including Terms and Conditions (Wholesale) - if you sell goods/products to customers on a wholesale or credit basis (eg. you allow your customers to pay you after they have received the goods/products from you).

What is included with this ELBizDoc?

If you purchase this Essentials – Start-Up Business bundle, you will receive:

  1. a brand new Company (with your choice of name) registered with the Australian Securities Investments Commission (ASIC);
  2. a standard Company Constitution;
  3. a brand new discretionary family Trust (with your choice of name);
  4. company and Trust folders in which to keep all of your important Company and Trust documents, along with the Certificate of Incorporation and copies of the Constitution, Trust Deed etc.;
  5. registration of the Company and/or the Trust for GST (if you select this option);
  6. registration of the Company and/or the Trust for a Tax File Number (if you select this option);
  7. Website Terms and Conditions (in Word format) customised for your particular Website and based on the information provided in your Interview;
  8. a Privacy Policy (in PDF format) customised for your business and based on the information provided in your Interview;
  9. one of the following:
    (a) Membership or Subscription Agreement (in Word format);
    (b) Services Agreement (in Word format);
    (c) Terms and Conditions (Sale of Goods) (in Word format); or
    (d) Credit Account Application including Terms and Conditions (Wholesale) (in Word format);
    customised for your particular business and based on the information provided in your Interview;
  10. an ongoing, irrevocable licence to use the documents in the business for which they have been prepared (eg. you can't use the same document for multiple businesses - if you need multiple documents, please contact our team for a fee quotation); and
  11. contact from one of our leading business lawyers, to answer any questions that you might have in relation to the documents.

Do not buy this ELBizDoc if...

Contact us first before purchasing this ELBizDoc if any of the following apply:

  1. you want to create a not-for-profit Company or charity;
  2. none of the proposed Directors reside in Australia;
  3. the majority of your trade is with customers overseas;
  4. you want the documents to be enforceable in a country other than Australia; or
  5. you are not sure whether these documents will be applicable to your particular business and/or circumstances.

I'm ready, let's do this!

This Interview will take approximately 35 - 45 minutes to complete.

Before starting, you will need to have handy:

  1. the name, address, date of birth, place of birth and Tax File Number (optional - only required if registering for GST and/or a Tax File Number) for each person who will be a Shareholder or Director;
  2. the name, address and ABN of any Trust, Partnership or Company that will be a Shareholder of the new Company;
  3. the name, address, date of birth, place of birth and Tax File Number (optional - only required if registering for GST and/or a Tax File Number) for each person who will be a beneficiary
  4. the name, address, date of birth, place of birth and Tax File Number (optional - only required if registering for GST and/or a Tax File Number) for each person and/or entity who will be a trustee;
  5. details regarding the nature of your business, including the following (subject to which key terms document you select:
    (a) information about your business (eg. what types of good/products/services you sell/provide, whether you employ or engage contractors to provide services to clients/customers, how orders are placed, how delivery is made, returns policy);
    (b) information regarding the terms of any membership or subscription (eg. minimum sign-up term, fees and charges payable, whether an upfront payment is required to be made);
    (c) details regarding any services provided (eg. where they are provided, whether clients/customers are required to make bookings; and
    (d) information regarding the terms of credit that you offer customers (eg. the timeframe for payment);
  6. details regarding how you collect, store and use information;
  7. details regarding the different features/functions on your Website (eg. does it include an online store, an online booking function, a blog where you express your views on different matters, a forum where users can contribute comments etc.);
  8. details of the information that you collect from clients/customer and users of your Website; and
  9. other basic contact information, including your website address.

By hitting 'Start' on this Interview, you acknowledge and agree:

  1. that we (Enterprise Legal (Qld) Trading Pty Ltd ACN 621 481 507 trading as Enterprise Legal Qld ABN 75 621 481 507) are providing you with legal services and the terms of our ELBizDocs Costs Agreement apply to the provision of these services;
  2. we are not providing you with accounting and taxation advice in relation to these services and we strongly recommend that you seek advice from an appropriate professional in this regard;
  3. we are not providing you with legal advice in relation to these services or any other services, apart from:
    (a) the generic advice that is provided on this page and throughout your Interview; and
    (b) the specific advice provided to you by a member of our EL Team, once you have completed your order;
  4. we will use all reasonable endeavours to create the new Company, Trust and the documents within five Business Days (starting on the day after we receive your order, if it is placed after 12pm), but will not be liable to you if we are unable to meet this timeframe; and
  5. once your order is placed, you are unable to cancel it (this however, does not exclude any rights that you may have pursuant to the Legal Profession Act 2007 (Qld)).