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annual leave Archives - MDC Legal

Dec 10 2019

Managing Leave Over The Festive Season

Posted by Taylor Espuis | annual leave, Employee Expenses, HR Advice & Support, leave entitlements | No Comments

By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk

Effectively managing annual leave and other entitlements over the festive season.

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1. This Agreement and attached Schedules set out the terms on which you engage MDC Legal to provide the Specified Working Schedules 1 and2 (Subscription).

2. This Agreement, the Subscription and our services are subject to the Legal Profession Act 2008(WA) (LPA). The services we provide will be by Australian legal practitioners,or a person employed by MDC Legal who is supervised by an Australian legal practitioner.

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3. You agree to payan annual Subscription Fee set out in Schedule 1.

4. The Term of the Subscription is for 12 months starting on the day that you make your first subscription payment.

5. You maychoose to pay the Subscription Fee upfront for the Term, in which case you will receive a further 5% discount; or you may choose to make 12equal monthly payments, with each payment due no later than the 21st day of the month, or when that day is a weekend or public holiday, the closest business dayafter that.

6. Your Subscription terminates after 12 months unless you have opted for the automatic renewal option, or you have told us in writing at any time during the Term that you wish to renew the Subscription.

7. You cannot terminate your Subscription during the Term.

8. The Subscription Fee or other condition of the Subscription may bevaried during the Termby agreement in writing. We may agree a variation or offer a further and alternative engagement under separate costs agreement if you instruct us toundertakework in addition to the Specified Work,or if we are otherwise required to undertake work that falls outside of the scope of the Specified Work.

10. The Subscription Fee does not cover litigation or any other work outside of the scope of the Specified Work.

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13. Non-payment of theSubscription Fee, or failure to respond to requests to provide current credit card details, does not constitute a termination of your Subscription. You remain liable for all Subscription Fees for the full Term.

14. If a monthly payment is unpaid for 15 days or more, we may charge you interest at the rate prescribed by the LPA. If we need to use a debt collecting service or external solicitors to recover our costs we reserve the right to pass those costs on to you.

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20. Any changes to persons you nominate as Authorised Users must be confirmed in writing and are effected upon our confirmation of your request made in writing to: [email protected] or to PO Box1656, West Perth 6872.

Terminating this Agreement

21. We may terminate this Agreement in writing if:

You have not paid your Subscription Fee within 15 days of the due date;
You breach a materialterm of this Agreement or indicate an intention to do so;
The relationship of trust and confidence between us no longer exists; or
Complying with your instructions may lead to a breach of our professional obligations.

22. In circumstances where we terminate this Agreement for any of the above reasons the balance of any outstanding Subscription Fees become due and payable as a debt.

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26. We will return your original documents and property to you at the conclusion of your matter, subject to our right to assert a lien over your file, original documents and property to secure payment of our outstanding Subscription Fee, unless a court orders otherwise.

27. We are required by law to retain copies of your documents for 7 years before they are destroyed.

Legal Advice

28. You are entitled and encouraged to seek independent legal advice about this Agreement.

Applicable law

29. This Agreement is governed by the laws applicable in, and the jurisdiction of the courts of, Western Australia.

Commencement of Agreement

30. This Agreement takes effect and is binding on the parties once you have returned the Agreement.

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A signed copy of this Agreement;
Copies of any documents relevant to yourSubscription Service requirements, matter or inquiry, preferably in electronic form; and
Credit card details for direct debits in Schedule 1.

annual leave Archives - MDC Legal

Managing Leave Over The Festive Season

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