online payment structure

Developing a Payment Structure for Your Online Business

Online business in Australia is heavily regulated, which means that you need to understand your legal obligations before you begin accepting online payments for goods or services. A decent commercial lawyer who offers legal advice will be able to help you with this.

However, we understand that sometimes you want quick answers. We’ve therefore put together this quick guide to help you develop a functional payment structure for your online business that complies with Australia law.

Why do I need to think carefully about my online payment structure?

There are literally hundreds of different ways to accept online payments in the modern world. The experts at web design sydney will tell you the popular methods like PayPal and credit card payments have been around for years, but more payment gateways are being created every year.

For example, the recent rise of the cryptocurrency market has led to a lot of online businesses accepting Bitcoin payments. Although this is a bit of a grey area, it’s usually ok to accept crypto payments as long as you have a decent record keeping system.

Speak with your commercial lawyer or online legal advice professional to develop the best payment solutions for your new online business. Consider the best way to keep records for your business, along with the most cost effective solutions.

What should I consider when putting my payment system together?

There are a few things to think about when you’re developing your payment system. They include:

  • Carefully consider your record keeping and tax requirements and make sure that you’re meeting them.
  • Think about your potential customers. How will they want to pay?
  • If possible, try and integrate a range of payment solutions to diversify your business and target audience.

There’s no clear set of rules to follow when you’re putting together a payment system for your online business. However, you should think about consulting a commercial lawyer if you’re not really sure what you’re doing.

Personal-Client-Information

Personal Client Information and Your Business

When you have a business that needs to handle and/or store personal information from clients, it is essential to comply with the Privacy Act, known as the Australian Privacy Principles (APP). According to digital marketing experts Slinky Web Design you may have a business website that handles customer credit card transactions that your online marketing agency has set up for you.

Even if you have as carpet cleaning business, having lawyers to help you will ensure your business is in compliance and they can also tell you if it is necessary for you to do so. Not all businesses need to.

This is just one of the many reasons it is wise to retain solicitors for your business. At least they will know all the details about your business and be able to give you the advice your need quickly.

Not all businesses need to know their clients personal information to conduct business. This personal information includes such things as…

Buying-Established-Business

The Advantages of Buying an Established Business

If you’ve longed to run a business and work for yourself rather than putting up with a boss there are two options. Buy an established business by browsing online business sales websites or contact a business broker, whether you want to run a commercial cleaning operation or digital marketing agency – or start up a new one from scratch.

Both options have advantages and disadvantages, but whichever you decide on, it’s a good idea to consult with lawyers before signing on the dotted line. That way you’ll be sure that all is as it seems and your solicitors will be available to you whenever you need them to ensure everything is done legally.

While it may seem cheaper to start up your own business, there are several good advantages of purchasing one that is a going concern already. Here are some of them.

  • There will be immediate income to help pay costs.
  • Many lenders view an established business as a better risk than one still in the pipeline.
  • There are fewer decisions to make as everything is already there. For instance, if you buy a coffee shop, you won’t have to decide on the decor, or how to set up the furniture.
  • There is less work involved in setting it all up.
Starting-Your-Own-Business

Pros and Cons of Starting Your Own Business

There are many advantages to starting your own business, but there are also some disadvantages. Even though you may be fed up with working for a boss in the SEO agency, it is wise to take all these into consideration before starting up your own business. Consulting with a lawyer for legal advice is one of the best ways to get a deeper understanding of everything that must be done. Following your solicitors advice will ensure your business is legally set up, but they will also help you with many other aspects of running a business.

Here are some of the pros and cons of starting a business from scratch: –

Enemy in a Divorce

Snapchat, Twitter and Instagram May Be Your Worst Enemy in a Divorce

No one can argue that social media has permeated every aspect of our society.  Everyone from your youngest friend to your oldest relative communicates on one form of social media or another.  As of 2017 a huge 81% of people had a social media profile of one kind or another.  With numbers that huge it’s a safe assumption that the parties involved in a divorce will have one or even all of these types of accounts.  Experienced family lawyers will tell you the consequence is that documenting and presenting social media evidence is now a critical part of family law proceedings.

Ultimately, the statements on social media are often a doubled-edged sword:  they are typically emotional, sometimes rash.  One the one hand, social media is uniquely set up to be electronically preserved since it exists in a digital format already.  What is said, posted, or streamed on social media now becomes a prime opportunity to illustrate negative behavior about an opposing party.  Here’s an example: if one party claims that the other has a substance abuse issue, a Facebook album titled “Trashed Tuesdays” full of documented drunken exploits could certainly be useful evidence.

People are people, as the saying goes, and it’s often difficult, if not impossible, to get them to stop “knee-jerk” reactions to a baiting Facebook post, or to stop posting damaging or derogatory thoughts about the opposing party via social media.

Here is a family law version of the Miranda rights that will prove useful in a divorce (created by Greg Golden):

You have the right to remain silent – Anything you type can and will be used against you in your divorce.

You have the right to exercise “common sense” – good decisions are rarely, if ever, are the result of an emotionally-driven response.  Also, the other party may be baiting you into such a response so that your perceived irrationality will be brought up in court, to your detriment.

You have the right to discuss an appropriate post/twee/message with your attorney before you let you emotions get the better of you and you send it – if you cannot talk to your attorney before sending such a post/tweet/message, then think about whether your attorney would approve of such a communication.

Do you understand the rights that I have just described?  – With these rights in mind, do you still wish to send that post/tweet/message?

If you’re investigating another party in  a divorce, what types of social media sites and applications should you search?  Research shows that there are over eleven different applications that have over ten million monthly users.  But, for the sake of clarity and for this example we’ll narrow the applications to:  Facebook, Instagram, Twitter and Snapchat or even Text Messages.

It’s important to understand that different sites and user profiles have different levels of security and different levels of “publicity”.  Knowing this make the point clear that discovery should be conducted as early as possible, even before a  case is filed, if you think the opposing party  may change their privacy settings and effectively block you from conducting your investigation.

Facebook

For Facebook has several integrated applications: messenger, a mobile version of the website (an application), a desktop version (also an application), and version of the site access via a web browser.  For conducting this investigation the most preferable version is to use the desktop application.   From there you can print or save as a PDF every page you where you find interesting information.  On Facebook consider exploring: Family and Relationships, Photo Albums, and Tags.

Business Contract

Need Guidance with your Business Contract?

Commercial Law Specialists can help you understand Terms and Conditions

You may wish to start or operate a business with multiple partners as this often brings its own set of advantages to the business. Commercial lawyers can help you understand the legal jargon as well as terms and conditions mentioned in business agreement. Interpreting the different conditions and stipulations will help you understand your position as a partner. Businesses owned by multiple partners (as opposed to a sole proprietor) enjoy certain benefits. For example, the business may be able to borrow a greater amount of money from lending institutions (like banks) compared to what a sole proprietor may be able to borrow on his or her own. Similarly, risks tend to be spread out among partners rather than incurred by a single individual and moreover, you can share management and control with other partners.

However, it is not practical to agree to all the terms and conditions orally (In cases of breaches of contract etc and in the absence of a formal contract, these situations could be difficult to resolve). People may often forget verbal conversations and this is why it pays to have a contract in place. The business agreement is a formal, written contract that clearly explains the expectations of all the parties as well as describes actions in the event of other eventualities. Rather than simply agree to an oral agreement, a written business contract is legal and legitimate and it’s crucial that you understand the terms that you’re agreeing to. In addition to containing clauses, terms and conditions that will be honoured in an Australian court of law, business contracts also help safeguard the resources of the business from fraud.

Professional Legal Advisors will tell you that you may require a business contract in any of the following situations:

shareholder-disputes

3 Ways to Handle Shareholder Disputes

There are many people involved in running a business from management to staff to shareholders. Often disputes arise, especially when shareholders think management is making poor business decisions that affect their income from the business. When disputes arise they often need to be handled by a commercial lawyer, but there are some other methods that can be used to get the issues solved quickly and cost-effectively.

  • This is when an independent mediator is used to help the parties involved make good decisions. The mediator doesn’t make the decisions; their expertise lies in facilitating discussion and defusing tense situations that do nothing to help get the matter resolved. An independent mediator is a neutral party who is not affected by the outcome of the dispute; this is why both parties feel they can be trusted.
Causes-of-Litigation

The Many Causes of Litigation

When you own or run a business, litigation is one of the many hazards that you may face.  It is essential to consult with your commercial lawyers for sound legal advice and find out what steps are needed to resolve all kinds of disputes quickly and prevent litigation that could be the ruination of your business. Taking out insurance to cover litigation is also essential, otherwise you could find yourself bankrupt.

Here are some of the causes of litigation that businesses face and tips to prevent it: –

  • Accidental or intentional injury of a client or customer on the business premises. Prevention includes ensuring your workplace is safe for both customers and employees. Prompt dispute resolution practices should be instigated at the first sign of trouble.
  • Accidental injury of an employee during the pursuit of his or her employment. Workplace injuries are a fact of life. You can help prevent them by adopting safe practices and training staff to do their work safely.
  • Intentional injury by another worker on the premises. Another reason for dispute resolution strategies.
  • Defamation of a client or an employee by the company. Watch what you say. People can get irritated and say things they don’t mean. People can become offended and sue.
  • Sexual harassment by an employee or manager to an employee. Training staff how to behave properly should not be necessary – but it is.
Business-Structures

The Different Kinds of Business Structures

If you are considering setting up a business, there are different kinds of business structures that you need to know about. This will enable you to decide which one best suits the type of business you have in mind. It is a good idea to consult with lawyers to ensure you are choosing the right structure and that you comply with all the rules and regulations. This could also assist you with any future possible business disputes including shareholder disputes.

Once you decide and start up your business, it is always a good idea to keep those lawyers on hand so you can get their advice on any legal matter that may arise. They will be familiar with your business by then and be able to offer the needed advice quickly, which is good when time is of the essence.

Here are the four main business models: –

  • Sole Trader – many people who set up a home business or an e-business at home are sole traders. As the name implies, they work by themselves without any employees. They alone are responsible for debts and they also own all the profits. They may need to consult with a solicitor to find out some of the things needed for their business. Council permission may be needed to start up a business from home, especially if clients need to go there.
avoid-litigation-in-business

Common Sense Tips to Avoid Litigation in Business

Litigation is every business’s worst nightmare. Legal Advice will tell you that not only is it time consuming and expensive, the trauma of it all can cause you to feel ill and affect your ability to make good business decisions, so business growth will be hindered. It can also affect employee morale and the reputation of your business. That can cause a lot of loss and take years to recover from.

So how do you avoid litigation? Here are some common sense tips provided by experienced commercial lawyers fletcherlaw.com.au to help you.

  • Every agreement you have with anyone to do with the business should be put into writing. Both parties should read and sign the agreement – in fact, a legal agreement should be drawn up by lawyers. Such agreements can be between suppliers, customers, business partners and employees. Without an agreement the terms discussed and agreed on can easily be forgotten or deliberately not adhered to and you have no way of forcing the issue.
  • As a business owner it is up to you to read all the agreements and ensure that the terms are adhered to by all parties. If you don’t know what these terms are, you won’t know whether they are being kept or not. You can easily be ripped off by a less than honest party who knows you haven’t read the terms of an agreement.