Legal Tech Drop-in Terms and Conditions
1. About these terms
1.1 These terms and conditions apply to every Session booked with Digital Law Lab Pty Ltd ABN 27 699 222 716 (DLL).
1.2 By ticking the box “I agree to the Terms and Conditions” when making a Booking, the Client accepts this Agreement. The Agreement is formed when DLL confirms the Booking after the Fee has been paid.
1.3 The version of these terms that applies to a Booking is the version published at https://digitallawlab.com.au/drop-in/terms when the Booking is made. If DLL publishes a new version, it applies only to Bookings made after it is published.
2. Definitions
In this Agreement:
- Agreement means these terms and conditions, as they apply to a Booking under clause 1.3;
- Booking means a booking for a Session made through DLL’s online booking system;
- Client means the individual who makes the Booking;
- Client Data means any information stored on or accessible through the Client’s Devices or accounts, including information about the Client’s own clients and material subject to legal professional privilege;
- Devices means any laptop, phone, tablet or other device the Client brings to the Session;
- Fee means the fee for a Session stated in clause 4.1;
- Premises means Suite 701, Level 7, Shell House, 170 North Terrace, Adelaide SA 5000, or any other location in the Adelaide CBD that DLL notifies to the Client before the Session;
- Privacy Policy means DLL’s privacy policy published on its website from time to time;
- Scheduled Time means the start and end time of the Session as shown in the Booking confirmation;
- Services means the technology assistance described in clause 3; and
- Session means a single, one-hour, in-person legal technology drop-in session at the Premises.
3. The Services
3.1 A Session is an opportunity for the Client to spend one hour with DLL at the Premises asking questions about, and getting help with, technology used in legal practice or otherwise, including on the Client’s Devices.
3.2 Sessions are offered to legal practitioners and others working in legal practice. DLL may decline a Booking from anyone else.
3.3 The Services are provided by Mark Ferraretto on behalf of DLL, or by another person DLL nominates.
3.4 A Session is for the Client only. No one else may attend the Session with the Client, and a Booking may not be transferred to another person without DLL’s prior written consent.
3.5 The Services end at the end of the Session. They do not include any follow-up work, correspondence or support after the Session. If the Client wants further help, DLL may agree to provide it as a separate engagement on separate terms.
4. Fee and payment
4.1 The Fee for a Session is $300 plus GST ($330 including GST).
4.2 The Fee is payable in full when the Booking is made, through DLL’s online booking system. A Booking is not confirmed until the Fee has been paid.
4.3 DLL will issue a tax invoice to the Client for the Fee.
4.4 The Client is personally liable for the Fee. If the Client’s employer or firm reimburses the Client, that is a matter between the Client and the employer or firm, and DLL does not issue invoices to, or accept payment from, the employer or firm instead of the Client.
5. Session time
5.1 Each Session is strictly limited to one hour and ends at the end of the Scheduled Time.
5.2 If the Client arrives late, the Session still ends at the end of the Scheduled Time, and no part of the Fee is refunded.
5.3 DLL is not obliged to continue past the end of the Scheduled Time, whether or not any task has been finished. If a task is unfinished at the end of the Session, DLL will try to leave the Client’s Devices and accounts in a usable state, but the Client is responsible for completing or reversing any unfinished task.
6. No guarantee of outcome
6.1 DLL will provide the Services with due care and skill. However, some problems cannot be solved in one hour, and some cannot be solved at all.
6.2 The Fee is for one hour of DLL’s time and expertise, not for any particular result.
6.3 DLL does not guarantee that any problem will be solved, that any question will be answered, or that any particular outcome will be achieved, and no part of the Fee is refundable because a problem is not solved.
6.4 Nothing in this clause 6 limits clause 15.1.
7. What DLL may decline to do
7.1 DLL may, at its sole and absolute discretion, decline to do anything during a Session, or stop any task, including where DLL considers that:
- (a) the task is unlawful, or would breach a software licence, a third party’s terms of service, or the security or IT policies of the Client’s employer or firm;
- (b) the task would involve bypassing or weakening a security measure, or accessing a Device or account that the Client is not authorised to use;
- (c) the task carries an unreasonable risk of losing data or damaging a Device, including where the Client has no current backup;
- (d) the task would require opening, repairing or replacing hardware;
- (e) continuing would require DLL to view Client Data it should not see (see clause 10); or
- (f) the task involves a security assessment or penetration testing, or investigating, responding to or containing an actual or suspected security incident (such as a compromised account, malware, or a suspicious email that has been acted on).
7.2 If DLL becomes aware before a Session, from the Booking or otherwise, that the Client wants help with a matter described in clause 7.1(f), DLL may cancel the Booking under clause 13.1.
7.3 If DLL identifies during a Session that the Client’s issue involves a matter described in clause 7.1(f), DLL may decline to deal with that issue further and suggest that the Client contact the Client’s IT provider, insurer or another appropriate adviser. The rest of the Session may be used for any other matter, and no part of the Fee is refunded.
8. The Client’s responsibilities
8.1 The Client must:
- (a) bring any Devices, chargers and adaptors the Client wants help with;
- (b) be able to sign in to the Client’s own accounts, and enter passwords and authentication codes personally rather than giving them to DLL;
- (c) before the Session, back up any data on the Client’s Devices and accounts that the Client wants to keep;
- (d) ensure the Client is authorised, by the owner of each Device and account and by the Client’s employer or firm (including under any IT policy or arrangement with an IT provider), to have DLL view and make changes to that Device or account;
- (e) hold any licence needed for software installed or configured during the Session; and
- (f) comply with any building and security requirements at the Premises.
8.2 The Client decides whether any change is to be made to a Device or account, and DLL will only make changes with the Client’s agreement. The Client remains responsible for each Device and account, and for any change the Client agrees to.
8.3 The Client is responsible for the Client’s own belongings at the Premises.
9. Not legal advice
9.1 The Services are technology assistance only. They are not legal advice, even where DLL’s personnel are legal practitioners, and no solicitor–client relationship is created between the Client and DLL or any of its personnel.
9.2 Any general information given during a Session about the safe, secure or ethical use of technology in legal practice is not legal advice. The Client remains solely responsible for the exercise of the Client’s own professional judgement and for complying with the Client’s professional and ethical obligations, including the Client’s duty of confidentiality to the Client’s own clients.
10. Client Data and confidentiality
10.1 Before the Session, the Client must close any documents, emails and applications containing Client Data that are not needed for the Session, and must minimise the Client Data that DLL will see.
10.2 DLL will only view Client Data to the extent necessary to provide the Services. DLL may decline to view, or ask the Client to close, any Client Data.
10.3 DLL will:
- (a) keep confidential any Client Data it sees during a Session, and not use or disclose it except as required by law;
- (b) not copy, photograph, record or retain any Client Data, or transfer any Client Data to DLL’s own devices or systems, unless the Client asks DLL to do so in writing for the purpose of the Services; and
- (c) not take notes containing Client Data.
10.4 Any Client Data seen by DLL is seen only incidentally, in confidence and for the limited purpose of providing the Services. The parties do not intend that any legal professional privilege in Client Data is waived because DLL has seen it.
10.5 DLL’s director is also the principal of a legal practice. Information DLL obtains during a Session is not information obtained by that legal practice, and will not be used in it. To avoid any conflict of interest, DLL may decline or cancel a Booking under clause 13.1, and may stop a Session at any time if DLL considers that continuing would expose it to Client Data in which a conflict could arise.
10.6 The Client must not record a Session (audio, video or screen capture) without DLL’s prior consent.
11. Privacy
11.1 DLL collects and handles the Client’s personal information (such as the Client’s name, contact details and the details of the Booking) in accordance with the Privacy Policy, and in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth) whether or not DLL is required by law to comply with them.
11.2 The Client must not include information about the Client’s own clients, or other Client Data, in the Booking form or in any other message to DLL before the Session.
11.3 DLL uses third-party services to take Bookings and payments. Payments are processed by the payment provider, and DLL does not receive or store the Client’s card details.
12. Cancellation and rescheduling by the Client
12.1 If the Client cancels or reschedules a Booking at least 24 hours before the start of the Scheduled Time, the Client may choose either:
- (a) a full refund of the Fee; or
- (b) to move the Booking to another available Session at no charge.
12.2 If the Client cancels or reschedules less than 24 hours before the start of the Scheduled Time, the Fee is not refunded. DLL may, at its sole and absolute discretion, agree to move the Booking to another available Session.
12.3 If the Client does not attend the Session, the Fee is not refunded.
12.4 The Client may cancel or reschedule using the link in the Booking confirmation, or by emailing DLL at admin@digitallawlab.com.au.
13. Cancellation and rescheduling by DLL
13.1 DLL may decline or cancel any Booking before the Session, without giving reasons.
13.2 If DLL cancels a Booking, or cannot hold a Session at the Scheduled Time for any reason (including illness or circumstances beyond its reasonable control), the Client may choose either:
- (a) a full refund of the Fee; or
- (b) to move the Booking to another available Session at no charge.
13.3 DLL’s liability for cancelling a Booking or not holding a Session is limited to the remedies in clause 13.2.
14. Ending a Session early
14.1 DLL may end a Session early if the Client behaves in a manner that is abusive, threatening or otherwise inappropriate, or does not comply with clause 8.1(f). In that case the Fee is not refunded.
15. Liability
15.1 Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or other legislation that cannot lawfully be excluded, restricted or modified.
15.2 Where DLL’s liability for breach of a guarantee under the Australian Consumer Law may be limited, it is limited, at DLL’s option, to supplying the Services again or paying the cost of having the Services supplied again.
15.3 Subject to clauses 15.1 and 15.2, DLL’s total liability to the Client arising out of or in connection with a Session, whether in contract, tort (including negligence) or otherwise, is limited to the Fee paid for that Session.
15.4 Subject to clause 15.1, DLL is not liable for any indirect or consequential loss, loss of profit, loss of opportunity, or loss of or damage to data, arising out of or in connection with a Session, except to the extent the loss is caused by DLL’s failure to comply with clause 10.3.
16. Circumstances beyond a party’s control
16.1 Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay money) caused by events beyond its reasonable control.
17. General
17.1 This Agreement is the entire agreement between DLL and the Client about a Session.
17.2 A notice to DLL under this Agreement must be sent by email to admin@digitallawlab.com.au. A notice to the Client may be sent to the email address given in the Booking.
17.3 If any part of this Agreement is invalid or unenforceable, it is severed and the rest of this Agreement continues to apply.
17.4 Clauses 10, 11 and 15 continue to apply after the Session.
17.5 This Agreement is governed by the laws of South Australia, and the parties submit to the non-exclusive jurisdiction of its courts.