These are website terms and conditions for IT service providers such as web hosts, sites that provide software as a service (SaaS), and sites that provide software downloads.
Website terms: SaaS providers & software download sites
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- Topic Overview
These website terms are for a business that provides software as a service (SaaS) or any other technical IT service provided online on an on-going or continuous basis until the customer cancels. For example, you might provide cloud based accountancy software, or hosted online marketing software, or provide CMS web hosting. The document is suitable for selling to businesses or consumers.
These website terms are for a business that provides software as a service (SaaS) or any other technical IT service provided online for a defined time period or with a set outcome or number of uses, after which a customer must order again. The document is suitable for selling to businesses or consumers. Examples of services that could be sold using this template include tests and one-off access to web based software or games.
This website T&C is for a End user licence agt, software, gizmos: download only: B2B and B2C: may be re-seller for a retail or business client. Perfect for a "cloud" service. Examples: gaming, betting, personality tests, grammar check, medical diagnostics, Extensive IP and server protection if clients interface.
A professionally drawn end user licence agt for sale of an app from a website, for use on any device, World wide. You may trade B2B and/or B2C. You may be a re-seller. This is a website T&C to set out the terms of your sale by licence of apps from your website. It will assist in protecting your intellectual property throughout the World. Use for any app for any device. Note however that this document does not regulate any aspect of your business model except to protect your IP rights. For that you will need a more comprehensive agreement.
These are website T&C for sale by licence of software or app downloaded from the site. The template provides strong protection for you if you allow your site visitors to interact with your site - perhaps posting reviews or messages on a support forum. It provides buyers with a restricted annual, renewable licence and is suitable whether your software is bought by consumers or businesses. The template is suitable for resellers as well as developers.
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Licences for selling software and downloaded products
If you own a physical product, you can sell it only once. Not so with intellectual property. In law, you “sell” a right to use software or a downloaded product by way of grant of a licence. Every T&C document drawn for a site that allows use of its intellectual property includes a licence in some form. So whenever in these
T&C documents, we consider the sale of software or soft-copy goods we are dealing with a licence, not an outright sale.
Limitations and permissions on licences
Permissions concern simple expressions of duration, territory, market, timescale, and so on. Limitations generally cover what your customer is not allowed to do. Examples are: transfer ownership of his licence to someone else; copy text; allow anyone else to use the software. These points are matters for your choice.
A licence is infinitely variable. You can decide on the term, exclusivity, market, transferability, extent and many more variables. Other options include: sub-licensing, removing ID references and prohibited uses.
Every licence in these documents contains appropriate limitations and permissions. The extent and terms of the licence varies from simple to extremely thorough. What we provide in each licence varies according to the requirement of the product. You can delete what you do not need and add anything referable to your particular business.
Licence terms in these documents are:
- professionally drawn and tough in law
- useful for both business to business or business to consumer transactions
- easy for you to adapt if you need to do so
The law in these terms and conditions templates
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 the commercial terms you like.
We have set out the basic consumer rights given in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 so that your consumer client or customer is aware that his right is limited.
We have included relevant provisions in our templates that enable you to comply with the law and run your business seamlessly.