Terms of Agreement.
Willfoundry offers a referral legal service acting for clients in Will matters. These Terms of Agreement comprise of the following:
- Authority to Act;
- Use of the Willfoundry website.
Authority to Act
By registering an account on the Willfoundry website you hereby provide permission for Willfoundry to refer you to a legal practitioner to act on your behalf in relation to your legal matter and to request documents from third parties as may be required.
Use of the Willfoundry website
- “Willfoundry” means the operator of the Willfoundry website being Kauthen legal Pty Ltd.
- “Client” means customers of Willfoundry.
- “Agreement” applies to these Terms of Agreement governing the relationship between Willfoundry and the Client.
- The Client agrees that Willfoundry is not providing legal advice or services and is acting as a referral service to connect the Client with a legal practitioner, and providing a communication platform for the practitioner to the Client.
- The fees of the referred legal practitioner stated on Willfoundry are priced in Australian Dollars and are subject to change at our discretion.
- The Client agrees to Willfoundry referring their case to third party law firm.
- The Client agrees to pay professional costs plus disbursements of the referred legal practitioner pursuant to the fees below as charged by the referred legal practitioner:
- $250.00 (inc GST) for a simple Will for an individual person;
- $440.00 (inc GST) for a simple Will for a couple;
- $99.00 (inc GST) for updates to your Will.
- Where Willfoundry refers a Client to a third party law firms, the third party law firm will agree to Willfoundry fixed fee structure when providing the Client with legal services; or upon agreement between the Client and third party law firm to an alternative fee structure after the third party law firm’s assessment of the Client’s case.
- The Client warrants that in using Willfoundry, data provided to Willfoundry will not contain anything that is defamatory or offensive or that breaches copyright, trademark law or other intellectual property rights of any person, company or organisation.
- The Client takes responsibility in ensuring all details registered on their account are accurate.
- Willfoundry reserves the right to charge up to a 20% referral fee from the lawyer who we refer your case to.
- Save for any rights accrued under statute, Willfoundry shall not be liable to any person (whether in contract, tort or otherwise) for any direct or consequential loss or damage suffered, or that may be suffered, as a result of any act or omission, whether negligent or otherwise, by or on behalf of Willfoundry in relation to the provision, suspension or termination of Willfoundry, or any other matter or thing relating to this Agreement.
- The Client agrees that the provision of legal services are between the referred legal practitioner and the Client and subject to any costs disclosure and agreement that the referred legal practitioner provides to the client.
- Save for any rights accrued under statute, the Client shall wholly indemnify Willfoundry against any loss claim or damage whatsoever, whether direct or consequential which Willfoundry may suffer or incur as a result of any action, proceeding, claim, demand or prosecution arising from this Agreement.
- All copyright in Willfoundry’s images and trademarks vests with Willfoundry. A person cannot reproduce or authorise the reproduction of Willfoundry images without our prior written approval.
- The Client gives Willfoundry an unrestricted license and the right to use any content uploaded or sent via Willfoundry, subject to our Privacy Statement, for the purposes of improving the Willfoundry service.
- The Client shall pay Willfoundry fees specified on Willfoundry prior to the Client attending the referred law firm for their Will being witnessed.
- The Client agrees that if they do not pay Willfoundry’s fees prior to the Client attending their appointment for their Will to be witnessed, Willfoundry and the referring lawyer will not be acting for the Client.
- All the rights, immunities and limitations of liability in this Agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach of contract or of any conditions hereof by Willfoundry.
- This Agreement constitutes the entire agreement between Willfoundry and the Client.
- This Agreement is governed by and shall be construed in accordance with the laws of Victoria Australia. The Client agrees all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Victoria, Australia.
- If any provision is this Agreement is held to be unenforceable, all other provisions remain in force.
- The Client agrees that Willfoundry reserves its rights and may in its sole and absolute discretion, refuse to accept the Client’s case for any reason.
- Willfoundry may at any time, without cause, in our sole and absolute discretion, suspend either a Client’s use of Willfoundry, or the Willfoundry service in its entirety or terminate this Agreement and/or any approval granted to a Client to use Willfoundry.
- Where the law precludes such exclusion and implies certain conditions and warranties into this Agreement, the liability of Willfoundryfor breach of such condition or warranty shall be limited, at the option of Willfoundry, to supplying the service again at Willfoundry’s expense limited to the cost of fees paid by the Client.