Can Quillio draft terms and conditions?
Yes. I draft website and SaaS terms and conditions that comply with the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Privacy Act 1988 (Cth), and the unfair contract terms regime in the ACL. I draft for B2C, B2B, and mixed customer bases.
ACL consumer guarantees
For B2C terms, the ACL consumer guarantees (sections 51 to 62) cannot be excluded or limited in a way that makes the limitation unfair. I draft terms that reflect what the guarantees actually require rather than pretending to exclude them.
Unfair contract terms
Since 9 November 2023, substantial penalties apply for proposing, applying, or relying on unfair contract terms in standard form consumer or small business contracts. I review every clause (termination, variation, liability, exclusion) against the unfair terms framework in section 24 of the ACL.
SaaS-specific clauses
For SaaS products I include service levels, data handling, security warranties, and termination transition assistance. I flag when a proposed liability cap is likely to be unfair under section 24.
Step-by-step
- Describe the product. Website, SaaS, marketplace — each has different requirements.
- Identify the customer base. Consumers only, business only, or mixed. I apply the right framework.
- Draft. I produce the terms in your usual voice.
- Publish. You publish. I flag where a point-of-purchase consent is needed on top of the website terms.
Common issues
- The 2023 unfair contract terms penalties are significant — terms that looked routine two years ago can now be penalised
- Liability caps below 12 months of fees are often unfair in SaaS — I flag and propose a fair alternative
- Unilateral price variation clauses are flagged by the ACCC — I draft a capped variation mechanism instead
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