Three variations of your standard terms and conditions
This is one of three consultancy / professional Net Lawman terms and conditions documents which could be used either as website T&C or as a hand out to a client. Not suitable as a negotiated document (for which, see below).
All three are for a business model where a professional service uses a website to promote the business. Also suitable, with easy edits, for presenting to a client as “your terms”, without reference to the Internet.
The website may be set up to:
- sell your expert and professional service or advice against pre-payment through the website or setting up a subscription.
- sell some special “pre-pack” of your range of services, as a management consultant might sell a particular specialism, or an architect might sell packs of drawings for self-builders.
- bring in a prospective client so that you can give him a price for the work he wants, then pay in advance through your website. An example might be a children’s tutor where the website is primarily a medium for information and advance payment.
- sell a service supported by a product or device. This is a little more complicated because either you license your product or you sell it. In the first instance your T&C should include the terms of the licence. In the second case you will need provisions for compliance with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, and practical matters like return of defective goods.
The three variations are:
- Services only, nothing requiring a formal licence. That is at T&C consultancy: professional or expert service; sale of supporting products.
- Services, where your expertise depends on heavy use of your intellectual property which will be licensed to your client as part of your deal. That is at T&C consultancy: professional or expert service; licensed product.
- Services, supported by the sale of some physical product, even a dvd or hard copy materials. That is this agreement.
About this agreement
A website terms and conditions document for a consultancy or other professional service. That is to say an identifiable “package” service supplied by a human being.
Although a standard T&C document, it covers provisions for a close working relationship. It is not for an impersonal sale of a service.
Contains strong provision for confidentiality and protection of your intellectual property - we assume you may use texts or software of great value.
It is perfect for any fixed price package or for work against which you quote a price and leave client to accept and pay via the Internet.
Examples:
Business or marketing consultancy; personal tax return; standard house plans; ISO certification advice; health and safety assessment; distance tutoring.
Payment is by a single sum or subscription. Suitable for business or consumers.
The law in this document
The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities and risk. Provided you comply with the law, you can set whatever terms you like.
This document can be used by any Irish-based consultancy firm, selling to businesses or consumers. It complies with European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Alternatives to this agreement
If in providing your service, you also sell a product, like a DVD, use T&C consultancy: professional or expert service; sale of supporting products.
If you want a more formal consultancy agreement look at Consultancy agreements.
Contents of this agreement
- Definitions and interpretation
- Basis of contract
- Provision for European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
- Credit card security
- Price and renewal of payment
- Service provision
- Foreign taxes
- Liaison with client
- Work management procedures
- Compliance issues
- Confidentiality of the service
- Protection of your intellectual property
- Termination
- Disclaimers and many matters to protect you
Over 1,100 words of helpful drafting notes.
This document was written by a solicitor for Net Lawman. It complies with current Irish law.
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"Eileen L (Introsports Limited) -
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Woods Digital Services