ECM104 Terms and conditions for Internet World wide sale of soft copy download product (like software) to business (not consumers), 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 basic alternatives covering different business models. To help you select the right model and minimise the changes you must make, here is a guide. What matters is not so much what you sell as how you sell it.
About this document
Terms and conditions are the contract between you and your customer. Provided you comply with the general law, you can write what terms you like. The really important thing is to make sure that your terms accurately reflect exactly how you intend to “do business”.
Who will use this document:
• a person or company selling any product which is made available by soft copy download through an e-commerce enabled website, to businesses. If you sell to consumers, use ECM123. These terms are suitable for selling to anywhere in the World, though we cannot be responsible for local laws in other countries.
Most Internet businesses are expanding. Sooner or later, you will need to provide for problems which could arise from use of your forum or sales support system or any other place where users may enter text. If you cannot see this happening to you, we show you where to delete the relevant paragraphs.
If you sometimes also sell to consumers, use ECM124.
If you sometimes include a CD or other “physical” item in a sale, use ECM125.
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:
• Comprehensive set of terms and conditions suitable for any service or range of services;
• 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.
• Simple structure makes for easy amendment to suit your precise commercial requirements.
• The document covers all usual basic contractual issues, as well as Internet and technical issues.
• 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:
• the essence of the contract: when made; offer and acceptance. Changes to information on website;
• customer account and confidentiality;
• price, VAT, payment and how you will provide the service - download / email, etc;
• support provision;
• dissatisfaction and refunds;
• disclaimers and limitation of sellers liability;
• protection of your confidential information and intellectual property (so far as possible in a document of this nature);
• 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).
• protection from hackers (so far as possible in a document of this nature);
• extensive prohibitions against customer misdeeds;
• appropriate legal provisions - warranties, exclusions, indemnities, etc.
