If so, you need to be aware of the new law that protects small businesses from unfair contract terms.
Many businesses offer standard form contracts on a ‘take it or leave it’ basis where there is little or no opportunity to negotiate the terms.
This new law will apply to standard form contracts entered into or renewed on or after 12 November 2016 where:
The ACCC, Australian Securities and Investments Commission, and state and territory offices of fair trading will enforce this law, and if the court finds a term unfair, that particular term will be void and treated as if it never existed.
Examples of terms that may be unfair are ones that:
So if you offer standard form contracts, start reviewing your terms and conditions to make sure you’re doing the right thing.
Or, if you’re a small business and you’ve been given a standard form contract which you think includes an unfair term, find out what your protections are under the new law.
For more information