Website terms: consultancy business; includes terms of sale for supporting product or systems
This is a set of terms for the website of a consultancy firm or professional services provider, where the service is ordered through the site but delivered offline. There may be supporting products or systems sold with the service. For example, a physiotherapist might sell sports equipment to use for training outside of consultation sessions; or a personal development coach might sell reference books.
- Solicitor approved
- Plain English makes editing easy
- Guidance notes included
- Money back guarantee
About this document
These are terms for a business that markets consultancy or other professional services through a website, delivering them offline. Additionally, they contain terms of sale for products sold alongside the service. Accordingly, they include provisions for compliance with the Consumer Contracts (ICAC) Regulations 2013, and practical matters like return of defective goods.
Your website is likely to be set-up to market one or more discrete packages of services, as well as being a medium for taking credit card payments, and for providing quotes for individual pieces of work. Products might be sold separately, or within the packages of services.
The document includes options for taking pre-payments on account, and for operating on a subscription basis (automatic recurring billing), as well as payment after the consultancy has been delivered.
We include strong provisions for confidentiality and protection of your intellectual property, including use of your website.
Examples of businesses that would use these T&C
You provide an environmental consultancy service that requires your clients to buy and install a measuring device you have developed to record data for analysis
You provide physiotherapy, and offer your clients products that will help them recover faster to be used outside of consultations
You provide a service that identifies which of a range of products you sell is most suitable for your clients
The benefit of using clear website terms
Using this T&C template will help you:
Present a professional image of your business. Our use of plain English helps ensure customers do not feel intimidated by overly formal or legalistic language
Prevent misunderstandings and solve disputes more easily
Comply with relevant consumer protection law if applicable
Protect your website from misuse (we include paragraphs that form an Acceptable Use Policy, useful if your visitors can interact with your website, for example, by posting reviews or exchanging messages in a customer forum)
Trade safely internationally, whether your customers are in the UK, EU or further afield
This is one of three sets of T&C documents for consultancy firms that we offer.
If you do not provide additional supporting materials or tools alongside the main services, then this document is suitable.
If you license rather than sell products (such as software or systems), these terms should be suitable.
Terms and conditions are presented on a "take it or leave it" basis. If you negotiate your contract with each client, look at our standard business agreements for consultancy firms.
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 UK-based consultancy firm, selling to businesses or consumers. It complies with The Sale of Goods Acts (1979 and 1994) and The Consumer Contracts (ICAC) Regulations 2013.
We have contracted out of the Contracts (Rights of Third Parties) Act 1999 so as not to obligate you in contracts made between your customer and any other party. This is usual in a document such as this one.
- Definitions and interpretation
- Basis of contract
- Provision for Consumer Contracts 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 2,200 words of helpful drafting notes.
This document was written by a solicitor for Net Lawman. It complies with current English law.
What other customers thought
Average customer rating
By Paul Miner 04 December 2013
Useful document but more detailed explanatory notes as to how this particular document should be edited would be useful e.g. as most of these type of services sales would be by someone on behalf of their businesses it is not clear whether the term 'consumer' would apply. There are a few other instances where more explanation is required.
I would recommend this as a starting point for preparing Ts & Cs but is a tab pricey without more detailed explanation.
Net Lawman responds 09 January 2014
You are right in that few consultants sell to consumers. However, for those that do, the Distance Selling Regulations are very important. We have now made this clear by editing the note. Thank you for drawing it to our attention.
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