There are so many things to consider when you are in business. Our experts this month chat about the importance of trademarking your business, how to be increase visits to your website and what you should know about terms of trade in your business. Read on for more information from our experts and get in touch to discuss your own business directly with them.
Meet Melanie Bird | Roach Corporate Law
Tip #1: Any business that sells goods and/or services should have terms of trade for its own protection.
Too often, we act for clients that seek to either claim for losses of a failed business relationship or they have not been paid for their services, and sometimes these business clients do not have terms of trade in place. Terms of trade sets out the agreement and terms between the parties and offers protection in the event of a default in payment of services and various other likely breaches. Terms can be tailored specific to the business needs and requirements and can include such things as default interest, security terms and various other protection mechanisms.
Tip #2: Always obtain legal advice prior to sale of or purchase of a business. A business sale agreement is invaluable and offers protection.
Just as you would not sell a house without a written contract of sale, the same goes for sale of (or purchase of) a business. This is all about protection for both sides. Often there are many things that need to be considered with the sale of a business such as employees, stock, debts, ongoing liabilities and more. Selling a business (or buying a business) without a written contract can lead to all sorts of problems and disputes. A written sale of business agreement is essential to ensure the smooth transfer process of the business from present to new owner.
Tip #3: Try and avoid litigation and Court if you can. If this is not avoidable, be prepared to negotiate and settle in a commercial manner.
As litigators, we see how stressful; emotionally, mentally and financially litigation can be for parties. Litigation can be a long, tiresome and drawn out process and no-one will know this better than parties navigating the Court system. We always advise our clients to be mindful of costs of the emotional burden and delay litigation has on parties and family members and to consider taking a commercial approach which may mean taking a settlement deal of a lot less than what one was expecting. All circumstances differ and we can guide clients through this process and provide tailored advice.
Facebook: Roach Corporate Law
ABOUT OUR EXPERT:
Melanie is a commercially minded lawyer and is passionate about obtaining a swift, sensible resolution for her clients and maintaining and nurturing her client relationships which are very important to her.
Melanie commenced her career with a national firm in 2003, with a focus on general litigation and debt recovery. In a career that has spanned well over 15 years, Melanie has worked in Adelaide, Melbourne and Brisbane. Her move from Melbourne to Brisbane saw her take the lead to set up and grow a new office. During her time in Melbourne and Brisbane she also made some fantastic connections that she continues today.
Moving back to Adelaide in 2008, she worked for a well-regarded Adelaide firm, becoming a partner there in 2012. She later took on a role with another reputable Adelaide firm as Special Counsel.
In 2021, following the sad passing of Daniel Roach, Melanie became sole director and manager of the firm and is dedicated to ensuring excellent legal service to clients and continued community involvement by the RCL team.
Her early practise in debt recovery expanded to cover insolvency, banking and finance, property law, and general commercial litigation. She also has a host of experience in wills and estate litigation, and employment law – running several unfair dismissal, redundancy, and harassment cases for employers and employees.
When she is not at work, she is busy as a single mother with her little boy and two dogs.
Meet Clair Halkias | Chalki Digital
Is your website working for you, or is it a forgotten part of your business’s online identity? Here are three tips to help increase visits to your website…
Tip #1: Search Engine Optimisation
SEO is a collection of methods to make your website more visible on search engines like Google. It can be tricky to do yourself & do well, so outsourcing is often the answer.
However, some website optimisation you can do yourself includes having a mobile-friendly website and speeding up your website by, choosing the right host, optimising your photos, and enabling browser caching.
Backlinks (links from another website to your website) also help SEO. Some places you can backlink are social media, online business registers, and groups.
Keywords are words or phrases that are typed into search engines to find information on a topic. They are fundamental to SEO and can be used as the base of your website.
Tip #2: Google Business Profile
Make sure your Google Business Profile (formerly Google My Business) is current and includes your website. It’s one of the first things that pops up in a local search and it’s a FREE resource.
Having a Google Business Profile lets you manage what people see when your business appears in a search, so it’s important that all the images, hours, contact information and updates are correct.
Tip #3: Regular Blog Posting & Website Content Updates
Frequently updating your website shows search engines that it is active and can help increase search traffic. An easy way to do this is by having a blog. Content that benefits your ideal customer also helps to build brand trust and can be used in keyword targeting. Other areas that can be regularly updated are testimonials and portfolios.
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ABOUT OUR EXPERT:
Clair Halkias is an experienced Marketer with almost a decade of content and design experience. Her and the team at Chalki Digital provide website, graphic design & social media solutions from Adelaide, South Australia, to wherever you are. They specialise in small to medium-sized businesses with a solution tailored to suit. Their team has the technical expertise to build your business’s complete digital identity.
Meet Maggie Yarak | YLP Legal – Your Legal Partner
My 3 tips as to why you should register your trademark:
Tip #1: Protection from unauthorised use
Unless your trade mark is registered other competitors may not be aware that you are trading under that particular trade mark. On the flip side, your competitor may be aware of your trade mark and choose to use it for their own business gain without your consent.
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- Loss of income – customers who should be receiving their services/goods from you are trusting your competitor because they are using your trade mark.
- Potential damage to brand – you do not have control over how your brand is used.
- Increase liability – you may be drawn into litigious matters concerning your brand that could have been avoided with registration.
Tip #2: Financial benefit to your business
Businesses that have protected their brand and registered their trade mark are more likely to stand out from the crowd and realise the financial gain.
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- You are unique – the general public are likely to see the unique aspect of your business more which results in increased revenue for the business.
- Prevent imitation – by standing out from your competitors you are sending a message to imitators that you are willing to protect your brand and financial viability of your business.
- Increase value – your business is valued based on a number of matters including the value of your trade mark. The more you protect it, the more valuable it will be.
Tip #3: Brand control – growth and consistency
By registering your trade mark you can comfortably put in time, money and effort to grow your brand possible expand your business.
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- Exclusive right to commercialise – by registering your trademark you the exclusive right to sell, licence and expand your business as you see fit.
- Brand consistency – registration allows you to control how the general public perceive your trade mark through your marketing strategies.
- Brand recognition – with brand control you can be sure that all recognition in relation to your brand is directed at you and no one else.
Facebook: YLP Legal – Your Legal Partner
ABOUT OUR EXPERT:
Maggie is an experienced solicitor of over 19 years and owner of YLP Legal – Your Legal Partner. YLP Legal – Your Legal Partner offers legal advice in commercial law, wills and estates and family law. We are an all female firm with over 60 years of combined experience. We are the only accredited autism friendly firm in SA. Our approach is unlike the traditional law firms and rather we provide a caring approach, honest advice and personalised strategic solutions to legal matters.