IE-ECM125 Terms and conditions for Internet World wide sale of soft copy download product (like software) to consumers and business, whether one-off or periodic charge, assuming website contains facilities for visitor inter-action. Includes user licence as part of the document.
We offer a number of template documents in this area. This helps you to select the right version and minimises the changes you have to make. Simply choose the one that is most suitable for your business. It matters less what you sell and more how you sell it.
About this document:
It is critical that you get the terms and conditions between you and your customer crystal clear from the start. Provided you comply with the law, you can write what terms you like. However, if you sell to consumers you are constrained by the Distance Selling Regulations and other consumer law. The really important thing is to make sure that your terms accurately reflect exactly how you intend to “do business”.
This document differs from IE-ECM124 only in that it provides for “hard” products as well as soft copy. It therefore includes additional provisions for delivery and returns.
Who will use this document?
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a person or company;
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selling to consumers;
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any product;
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which is made available by soft copy download;
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through an e-commerce enabled website;
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together with a physical product, like a sealed box with a CD or a hard copy instruction manual.
You do not have to sell both together every time - this document merely provides for both hard and soft copy products. If you sell to business you can use the same document: certain consumer protection provisions are made applicable only to consumers. These terms are suitable for selling to anywhere in the World, though we cannot be responsible for local laws in other countries.
This document assumes you sell to an end user. Changes may be needed to the paragraphs on delivery, risk and payment if you sell to resellers or distributors. If you do, you may like to consider agency and sales documents
Key features:
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Comprehensive set of terms and conditions suitable for any service or range of services;
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Provides protection (as far as can be given in a document) against problems which could arise from people posting content of any sort on your website.
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Simple structure makes for easy amendment to suit your precise commercial requirements.
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The document covers all usual basic contractual issues, as well as Internet and technical issues.
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This document comes with an excellent set of notes to help and advise you on drafting points, alternatives and necessary insertions.
This document includes provision for:
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the essence of the contract: when made; offer and acceptance. Changes to information on website;
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customer account and confidentiality;
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price, VAT, payment and how you will provide the service - download / email, etc;
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support provision;
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delivery and returns;
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dissatisfaction and refunds;
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disclaimers and limitation of sellers liability;
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protection of your confidential information and intellectual property (so far as possible in a document of this nature);
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a comprehensive draft “Acceptable Use Policy” which you use to say what your visitors or contributors may or may not do (delete it if there is no place on your site where people can enter text or otherwise communicate with you).
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protection from hackers (so far as possible in a document of this nature);
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extensive prohibitions against customer misdeeds;
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appropriate legal provisions - warranties, exclusions, indemnities, etc
