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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.
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 trade service; payment options; B2B and B2C.
- Services, where your expertise depends on heavy use of your intellectual property which will be licensed to your client as part of your deal 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
Just a few examples of a business which may need this document are:
- You provide a subscription based specialist advisory service where you sell a stream of some renewable part.
- You are a specialist consultant whose advice depends on the purchase and installation by your client of some widget you sell to them.
- You provide an athletics training service. Your advice depends on some sort of sophisticated timing or measurement equipment which you sell to your clients.
This is a website terms and conditions document for an expert or professional service bought via the Internet but provided personally, probably face to face.
Your service may be:
- a service in an identifiable “package”
- a subscription service, or
- a periodic service, or
- a service for which you respond to Internet enquiries and give a quotation
- a service where you feel you should control and protect your copyright or other intellectual property
Although a website T&C document, it is also suitable, with easy edits, for presenting to a client as “your terms”, without reference to the Internet. It covers (optional) provisions for a close working relationship. It is not for an impersonal, automated service provision.
Contains strong provision for confidentiality and protection of your intellectual property - we assume you may use texts or software of great value.
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 your business model requires that you negotiate the terms of your retainer with each client, then sign the document, you will need a contract document consultancy agreement from our set at Consultancy agreements. You may not need a website T&C document if you do not make any contract via your website.
If you trade via the Internet and this document does not fit, have another look at: Website terms and conditions: service providers.
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 payment
- Service provision
- Renewal payments
- Foreign taxes
- Liaison with client
- Work management procedures
- Compliance issues
- Protection of your intellectual property
- Disclaimers and many matters to protect you
Over 1,600 words of helpful drafting notes.
I would recommend this as a starting point for preparing Ts & Cs but is a tab pricey without more detailed explanation.
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