Terms of Agreement.
MyDefence offers a referral legal service acting for clients in criminal law matters. These Terms of Agreement comprise of the following:
- Authority to Act;
- Use of the MyDefence website.
Authority to Act
By registering an account on the MyDefence website you hereby provide permission for MyDefence to refer you to a legal practitioner to act on your behalf in relation to your legal matter and to request documents from third parties as may be required.
Use of the MyDefence website
- “MyDefence” means the operator of the MyDefence website.
- “Client” means customers of MyDefence.
- “Agreement” applies to these Terms of Agreement governing the relationship between MyDefence and the Client.
- The Client agrees that MyDefence is not providing legal advice or services and is acting as a referral service to connect the Client with a criminal legal practitioner, and providing a communication platform for the practitioner to the Client.
- The fees of the referred legal practitioner stated on MyDefence are priced in Australian Dollars and are subject to change at our discretion.
- The Client agrees to MyDefence referring their case to third party law firm.
- The Client agrees to pay professional costs plus disbursements of the referred legal practitioner pursuant to the fees below as charged by the referred legal practitioner:
- $2,200.00 (inc GST) plus disbursements per police brief with less than 5 charges where you have no prior criminal history;
- $2,800.00 (inc GST) plus disbursements per police brief with less than 5 charges where you have a prior criminal history;
- $3,500.00 (inc GST) plus disbursements per police brief with greater than 6 charges.
- $3,500.oo to $4,500 (inc GST) per day plus disbursements should you instruct your lawyer to contest any charges that are not withdrawn. This cost is a per day rate and includes an instructing solicitor and a barrister.
- Where MyDefence refers a Client to a third party law firms, the third party law firm will agree to MyDefence’s fixed fee structure when providing the Client with legal services; or upon agreement between the Client and third party law firm to an alternative fee structure after the third party law firm’s assessment of the Client’s case.
- The Client agrees that MyDefence is a low cost service to resolve simple matters. More complicated matters are subject to discretion to estimate a fee on a quotation basis.
- The Client warrants that in using MyDefence, data provided to MyDefence will not contain anything that is defamatory or offensive or that breaches copyright, trademark law or other intellectual property rights of any person, company or organisation.
- The Client of MyDefence takes responsibility in ensuring all details registered on their account are accurate.
- MyDefence reserves the right to charge up to a 10% referral fee from the lawyer who we refer your case to.
- Save for any rights accrued under statute, MyDefence shall not be liable to any person (whether in contract, tort or otherwise) for any direct or consequential loss or damage suffered, or that may be suffered, as a result of any act or omission, whether negligent or otherwise, by or on behalf of MyDefence in relation to the provision, suspension or termination of MyDefence, or any other matter or thing relating to this Agreement.
- The Client agrees that the provision of legal services are between the referred legal practitioner and the Client and subject to any costs disclosure and agreement that the referred legal practitioner provides to the client.
- Save for any rights accrued under statute, the Client shall wholly indemnify MyDefence against any loss claim or damage whatsoever, whether direct or consequential which MyDefence may suffer or incur as a result of any action, proceeding, claim, demand or prosecution arising from this Agreement.
- All copyright in MyDefence’s images and trademarks vests with MyDefence. A person cannot reproduce or authorise the reproduction of MyDefence images without our prior written approval.
- The Client gives MyDefence an unrestricted license and the right to use any content uploaded or sent via MyDefence, subject to our Privacy Statement, for the purposes of improving the MyDefence service.
- The Client shall pay fees specified on MyDefence to the referred lawyer prior to the Client’s next court appearance.
- The Client agrees that if they do not pay fees prior to the Client’s next court appearance, their referred lawyer may inform the court that it will not be acting for the Client and MyDefence may suspend their MyDefence account.
- All the rights, immunities and limitations of liability in this Agreement shall continue to have their full force and effect in all circumstances notwithstanding any breach of contract or of any conditions hereof by MyDefence.
- This Agreement constitutes the entire agreement between MyDefence and the Client.
- This Agreement is governed by and shall be construed in accordance with the laws of Victoria Australia. The Client agrees all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Victoria, Australia.
- If any provision is this Agreement is held to be unenforceable, all other provisions remain in force.
- The Client agrees that MyDefence reserves its rights and may in its sole and absolute discretion, refuse to accept the Client’s case for any reason.
- MyDefence may at any time, without cause, in our sole and absolute discretion, suspend either a Client’s use of MyDefence, or the MyDefence service in its entirety or terminate this Agreement and/or any approval granted to a Client to use MyDefence.
- Where the law precludes such exclusion and implies certain conditions and warranties into this Agreement, the liability of MyDefence for breach of such condition or warranty shall be limited, at the option of MyDefence, to supplying the service again at MyDefence’s expense limited to the cost of fees paid by the Client.