Service Terms

These Service Terms govern administrative and practice support services provided by Andrew Byrnes (ABN 75 308 187 228) (the Contractor) to a law practice (the Practice). They apply to every Booking accepted by the Practice, together with any Master Services Agreement signed between the parties. If a signed Master Services Agreement differs from these Terms, the Master Services Agreement prevails.

1.Definitions

2.Engagement and contractor status

1. The Contractor is engaged as an independent contractor. Nothing in these Terms creates a relationship of employment, partnership, joint venture or agency.
2. The Contractor has no authority to bind the Practice, provide legal advice, or communicate with clients of the Practice unless expressly authorised in writing.
3. The Contractor is responsible for the Contractor's own taxation, superannuation and insurance obligations.

3.Services and Bookings

1. Only work described in an accepted Booking is included in the engagement. Additional work requires a new Booking or the Practice's prior written approval.
2. A Booking is accepted when the Practice confirms it in writing, including by email reply or electronic acceptance. The parties agree that electronic communications may be used to form binding agreements.
3. Bookings describe work generically. Bookings and enquiries must not contain names of the Practice's clients, allegations, evidence, health information or other matter details; internal matter references may be supplied separately within Approved Systems.

4.Fees, estimates and authorised limits

1. Each Booking states whether fees are hourly or fixed, and whether amounts are inclusive or exclusive of GST. [If the Contractor is not registered for GST, GST will not be charged.]
2. Time is recorded in [15-minute] increments. Expenses are only payable if approved by the Practice in advance.
3. Estimated hours or fees are estimates, not fixed quotations. The Contractor will obtain the Practice's approval before exceeding the Authorised Maximum.
4. If work is likely to exceed the estimate materially, the Contractor will notify the Practice as soon as practicable and pause work if requested.

5.Invoices and payment

1. The Contractor will issue a tax invoice on completion of each Booking, or monthly for Bookings extending beyond one month.
2. Invoices are payable within 14 days by electronic funds transfer to the account nominated on the invoice.
3. Each invoice will identify the Booking it relates to and summarise the work performed.

6.Variation and cancellation

1. Either party may propose a variation to a Booking; variations take effect when agreed in writing.
2. The Practice may cancel any Booking before work commences at no charge.
3. If a Booking is cancelled after work has commenced, the Practice must pay for work performed up to the date of cancellation, and no further cancellation fee applies.

7.Confidentiality

1. The Contractor must keep confidential all Client Material and all information about the Practice, its clients, personnel and operations, whether or not marked confidential.
2. The Contractor is engaged by the Practice for the purposes of administering legal services within the meaning of the applicable professional conduct rules, and must handle Client Material consistently with the Practice's duties of confidentiality to its clients.
3. The Contractor must use Client Material solely to perform the Services, must not disclose it to any person outside the Practice, and must not use it for any other purpose.
4. These obligations survive the completion of each Booking and the termination of the engagement, and continue indefinitely.
5. At the end of each Booking, or on request, the Contractor must return or verifiably delete all Client Material in the Contractor's possession outside the Practice's Approved Systems.

8.Information security

1. The Contractor must access Client Material only through Approved Systems, using access credentials issued by the Practice.
2. The Contractor must not copy Client Material to personal devices, personal cloud storage or removable media, and must not upload Client Material to public artificial-intelligence tools or any service not approved by the Practice.
3. The Contractor must use strong passwords and multi-factor authentication where available, and must not share credentials.
4. The Contractor must notify the Practice immediately on becoming aware of any suspected loss, unauthorised access or disclosure of Client Material, and must cooperate with the Practice's response.

9.Legal professional privilege and supervision

1. The Services are administrative and operational only. The Contractor does not provide legal advice, and all substantive legal work remains under the supervision and responsibility of the Practice's solicitors.
2. The parties do not intend that the performance of the Services waive any legal professional privilege attaching to Client Material, and the Contractor must not do anything inconsistent with the maintenance of privilege.

10.Conflicts of interest

1. The Contractor must disclose to the Practice any actual or potential conflict of interest — including any personal connection to a client, opposing party or matter — before accessing the relevant matter, and must not access the matter unless the Practice consents.

11.Intellectual property

1. On payment, the Practice owns all deliverables created specifically for it under a Booking, including organised files, customised templates and reports.
2. The Contractor retains ownership of pre-existing and generic tools, checklists, systems and know-how, and grants the Practice a perpetual, royalty-free licence to use them to the extent they are incorporated in deliverables.

12.Insurance

1. The Contractor will effect and maintain professional indemnity insurance of not less than $[1,000,000] per claim for the duration of the engagement, and will provide a certificate of currency on request.

13.Liability

1. To the extent permitted by law, the Contractor's total aggregate liability arising out of or in connection with the Services is limited to the greater of the fees paid by the Practice in the 12 months preceding the event giving rise to the liability and $[10,000].
2. The limitation in clause 13(a) does not apply to liability arising from the Contractor's fraud or wilful misconduct, breach of clause 7 (Confidentiality) or clause 8 (Information security), or any liability that cannot be limited or excluded by law.
3. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
4. Neither party is liable to the other for indirect or consequential loss, except in respect of the matters in clause 13(b).

14.Termination

1. Either party may end the ongoing engagement by giving 14 days' written notice. Accepted Bookings and accrued payment obligations survive unless the parties agree otherwise.
2. Either party may terminate immediately by written notice if the other party commits a material breach that is not remedied within 7 days of written notice, or becomes insolvent.
3. On termination, the Contractor must return all access credentials and comply with clause 7(e).

15.Privacy

1. The Contractor will handle any personal information encountered in performing the Services consistently with the Australian Privacy Principles, whether or not the Contractor is otherwise required by law to do so, and will follow the Practice's reasonable directions about the handling of personal information.

16.Disputes and governing law

1. Before commencing proceedings, the parties must attempt in good faith to resolve any dispute by negotiation for at least 14 days after one party gives the other written notice of the dispute.
2. These Terms are governed by the law of the Australian Capital Territory, and the parties submit to the jurisdiction of its courts.

17.General

1. These Terms, the signed Master Services Agreement (if any) and each accepted Booking form the entire agreement for the relevant work.
2. The Contractor may update these Terms by publishing a new version on this page; the version current when a Booking is accepted applies to that Booking.
3. Notices may be given by email to the addresses ordinarily used by the parties.
4. If any provision is unenforceable, it is severed and the remainder continues in force.

Questions about these Terms can be directed to admin@byrnesadmin.com.au or 0401 707 343.