Template Customisation – Terms & Conditions

Effective Date:  September 2026

1. About these terms

1.1  These terms apply when you ask WORDSMITH LEGAL PTY LTD (ABN 64 700 535 459), trading as WordSmith Legal (we, us, our), to customise a legal template you purchased from our website (the Service). You means the person or business named in the request form.

1.2  These terms, your request form, our Engagement Confirmation and any costs disclosure we give you together form our agreement (the Agreement). If there is any inconsistency, the Engagement Confirmation applies first, then these terms.

1.3  The Service is a legal service. Our template licence terms continue to apply to the underlying template, except where these terms say otherwise.

2. Definitions

2.1  In these terms:

• Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales;
• Change means an amendment to a single existing clause or schedule item of the Template;
• Customised Document means the version of the Template we deliver to you after making the Changes and New Clauses;
• Engagement Confirmation means our email confirming that we will act for you, the tier, the fixed fee and the turnaround;
• New Clause means a provision that the Template does not already contain;
• Template means the WordSmith Legal template you purchased and uploaded with your request; and
• Tier means the service level (Tailor, Adapt or Bespoke) set out in the Engagement Confirmation.

3. Eligibility

3.1  The Service is available only for Templates purchased from the WordSmith Legal website within the 12 months before you submit your request.

3.2  The Service is not available for agreements that have already been signed. Changes to a signed agreement require a variation, which we can quote for separately.

3.3  The Customised Document is prepared under, and for use under, Australian law. We do not advise on the law of any other country.

4. How we accept your request

4.1  Submitting a request form is not an engagement. We are not acting for you until we send you an Engagement Confirmation.

4.2  Before accepting your request, we must check that acting for you would not create a conflict of interest. We may also decline a request if it falls outside our expertise, the requested changes are unsuitable for the Template, or for any other reason. If we decline, we will tell you, but we may not be able to explain why.

4.3  If your requested changes do not fit the Tier you selected, we will recommend the right Tier or provide a Bespoke quote before any work begins. We will not move you to a higher fee without your agreement.

4.4  Your engagement starts when you accept the Engagement Confirmation and we receive payment in full.

5. What the Service includes

5.1  For the Tier set out in your Engagement Confirmation, we will:

• review the Template and your request form;
• draft the Changes and any New Clauses, up to the limits for your Tier;
• make any consequential amendments needed so the Customised Document is internally consistent (including definitions, cross-references and schedules), which do not count towards your Tier limit;
• complete the placeholders and Schedule A using the information you provide;
• deliver a clean Word version and a tracked-changes Word version of the Customised Document;
• for the Adapt and Bespoke Tiers, provide a short explanatory note describing each change; and
• carry out the number of revision rounds included in your Tier.

6. What the Service does not include

6.1  Our engagement is limited to the work described in clause 5. Unless we agree otherwise in writing, the Service does not include:

• advice about your wider project, business, tax, insurance or whether you should enter into the arrangement;
• negotiating or communicating with the other party or their advisers;
• reviewing any document prepared by the other party, or their comments on or changes to the Customised Document;
• changes beyond the limits of your Tier, or new requests made after delivery;
• checking that the facts, names, amounts or details you provide are correct;
• advice on the law of any place outside Australia; or
• any dispute, demand, enforcement action or court or tribunal proceeding.

6.2  If you ask us to do work outside the Service, we will give you a separate quote. That work will only start once you accept the quote in writing.

7. Your responsibilities

7.1  You must give us complete and accurate information, tell us promptly if anything changes, and respond to our questions within a reasonable time. We rely on the information you give us and are not responsible for problems arising from information that is incomplete or wrong.

7.2  You must read the Customised Document carefully before using it, and tell us during the revision period if anything does not reflect your instructions.

7.3  You are responsible for deciding whether to sign the Customised Document, for sending it to the other party and for managing the relationship with them.

8. Fees and payment

8.1  The fee for the Service is the fixed fee stated in your Engagement Confirmation. Fees exclude GST unless we state otherwise.

8.2  Payment is due in full before we start work. Our turnaround time starts on the Business Day after we receive payment.

8.3  The fixed fee covers the work described in the Engagement Confirmation only. Any additional work requires a separate quote under clause 6.2.

8.4  Information about our costs that we are required to give under the Legal Profession Uniform Law (NSW), including your rights in relation to our costs, will be provided to you with the Engagement Confirmation.

8.5  We do not expect to charge any disbursements for this Service. If one becomes necessary, we will ask for your approval first.

9. Turnaround

9.1  We will deliver the Customised Document within the turnaround stated in your Engagement Confirmation, measured in Business Days.

9.2  The turnaround is paused while we are waiting for information or a response from you, and resumes once we receive it.

9.3  If you have paid for express turnaround and we do not meet it for reasons within our control, we will refund the express fee. This is in addition to your rights under the Australian Consumer Law.

10. Revisions

10.1  Your Tier includes the number of revision rounds stated in the Engagement Confirmation. A revision round is one consolidated set of comments from you on the changes we have made.

10.2  Revision requests must be made within 14 days of delivery. After that period, or once your revision rounds are used, further changes are treated as new work under clause 6.2.

10.3  Revisions are limited to adjusting the Changes and New Clauses we made. Requests for different or additional changes are new work.

11. Cancellation and refunds

11.1  You may cancel by emailing us at support@wordsmithlegal.com.au:

• before we start work, for a full refund; or
• after we start work but before we deliver the Customised Document, for a refund of the fee less a reasonable amount for the work already done.

11.2  Once we have delivered the Customised Document, the fee is non-refundable.

11.3  We may end the engagement if you do not provide information we reasonably need within 30 days of our request, if a conflict of interest arises, or if we are otherwise required or permitted to by law or our professional obligations. If we end the engagement for a reason that is not your fault.

11.4  Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies those rights.

12. Ownership and licence

12.1  We own the copyright in the Template and in all drafting we add to it. Nothing in this Agreement transfers that ownership to you.

12.2  We grant you a non-exclusive, non-transferable licence to use the Customised Document for the single arrangement described in your request form. You may make copies and share it with the other party and your advisers for that purpose.

12.3  You must not resell, publish or distribute the Customised Document, or use it as a template for other arrangements. If you want to use it again for a different arrangement, please purchase a new licence or contact us.

13. No guarantee of outcome

13.1  We prepare the Customised Document with due care and skill based on your instructions. We cannot guarantee how the other party will respond, that they will sign it, or how a court or tribunal would interpret it in a future dispute.

13.2  The Customised Document reflects the law and the facts you give us at the date of delivery. We are not responsible for keeping it up to date after delivery.

14. Confidentiality and privacy

14.1  We will keep your information confidential, subject to our legal and professional obligations. Communications between us for the purpose of the Service may be protected by legal professional privilege.

14.2  We collect, use and store your personal information in line with our Privacy Policy here:  Privacy Policy.

14.3  We keep our file for 7 years after the engagement ends, after which we may securely destroy it without further notice to you.

15. Limitation of liability

15.1  To the extent permitted by law, and subject to clause 11.4 and our professional obligations, we are not liable for any indirect or consequential loss, including loss of profit, revenue or opportunity, arising from the Service.

15.2  Where the law allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the Service again or paying the cost of having it supplied again.

16. Complaints

16.1  If you are unhappy with the Service or our fees, please tell us first at support@wordsmithlegal.com.au and we will try to resolve it promptly.

16.2  If we cannot resolve your concern, you may contact the Office of the NSW Legal Services Commissioner. You also have rights under the Legal Profession Uniform Law (NSW) in relation to our costs, as set out in our costs disclosure.

17. General

17.1  This Agreement is governed by the law of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

17.2  We may update these terms from time to time. The version that applies to your engagement is the one in force when we send your Engagement Confirmation.

17.3  If any part of this Agreement is invalid or unenforceable, it is severed and the rest of the Agreement continues to apply.