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QLD Service Online - Customer Payment?

Discussion in 'Commercial Law Forum' started by Chris Visagie, 24 November 2014.

  1. Chris Visagie

    Chris Visagie Member

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    If I provide a service online, how can I bind the customer under commercial law to pay me?

    I know this may seem like a stupid question, but I don't want people running off without me getting paid. Thanks in advance.
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Chris

    This is a pretty general question with lots of potential responses.

    Is there any further information you can provide to help us understand your situation?

    For example:

    - What type of service will you be providing?
    - If it isn't an option to take payment in advance of providing the service, could you at least take a deposit?
    - Is it an option to request credit card details in advance of performing the service, on agreement that their card will be charged once the services are complete?

    You should be able to cover a large part of your exposure by drafting some terms and conditions the customer must acknowledge before requesting the service. No matter how you look at it though, if you are performing a service before getting paid then you are at risk and would have to resort to pursuing someone for breach of contract if they refused to pay.

    I hope this helps.

    Anna
     
  3. Chris Visagie

    Chris Visagie Member

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    Hi Anna

    I don't want to go into detail, but basically I manage funds transferred from A to B. I want to receive a commission on the amounts transferred, because of the admin etc. that goes with it.

    It's not so much an online service, but will rarely be face to face.

    I do think requesting credit card details and having them sign the terms and conditions form might be the best option.

    Thanks for the reply.

    Chris
     
  4. Rod

    Rod Well-Known Member

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    Hmmm, sounds a lot like money laundering. Be very careful, this is a well known scam. You may get a knock on the door from the Fed police at some stage.
     
  5. Chris Visagie

    Chris Visagie Member

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    That's the reason I'm on this site. It's definitely not money laundering.

    I found an opportunity that I want to look it to, but I also don't want to give my ideas away. It's something no one is doing at the moment.

    So I understand if I don't get any answers because I'm so vague, but I'm not sure how I can protect my idea so that no one else steals it.

    If that makes any sense.

    Who do I talk to and how do I go about it?

    Thanks in advance.
     
  6. Rod

    Rod Well-Known Member

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    You are right, vagueness makes it hard to answer your questions. Doing as you suggest through a form with terms and conditions on it that they sign is standard business practice.
     
  7. DennisD

    DennisD Well-Known Member

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    Possession is nine tenths the law, get paid in advance if you can. And yes, get your service T&Cs online.
     
  8. AnnaLJ

    AnnaLJ Well-Known Member

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    Do you mean in terms of having someone draft up terms and conditions for you? That depends on your budget. Ideally, you should get a lawyer to put together some T&Cs based on your specific business. But if budget doesn't allow, you could always look for some template T&Cs on the internet and do some research.
     
  9. Sophea

    Sophea Well-Known Member

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    Yes as per the others' comments above, a lawyer is obviously be bound by obligations of confidentiality so you would be able to explain your business idea in detail to them and get customised advice on all aspects of your business without worrying about your idea being exploited by someone else.

    Alternatively, if you simply can't afford that, there are some online legal document resources where you can buy customisable template terms and conditions who will be able to provide a customised agreement for you at a reduced rate.
     
  10. Tim W

    Tim W Lawyer

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    If you are dealing in money then you will need an Australian Financial Services Licence
    (indeed I cannot imagine circumstances where you could operate lawfully
    in this field in Australia without one).
    If you can't get one, then your model (whatever it is), is probably not lawful.

    And I agree with the above comments - you need formal legal advice.
    This is especially the case if you think you are... being innovative*...
    in the field of money.



    -----------------
    * I am being polite
     

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