Website terms and conditions template

About this document

This is a set of terms for the website of a software developer or reseller who sells software by download. As well as covering use of the site (such as setting out what visitors may post to forums, or their rights to using the intellectual property on the website), the document includes basic licence terms (sometimes known as a EULA) that set out how a buyer of software may use it.

The terms are suitable for sites that sell software or apps for any device and any operating system.

We set out the basic consumer rights given in the Consumer Contracts (ICAC) Regulations 2013 so that your consumer client or customer is aware that his or her rights are limited (buyers of downloaded software have fewer rights than buyers of physical goods). The template can be used for sites that sell either to consumers or businesses.

The document includes tough provisions that give you extensive protection of your intellectual property and your website.

We have given you options in many areas, each in plain English so that you can choose exactly what you want without having to put legal words together.

This template is for a business based in the UK that sells worldwide.

The benefit of clear T&C

Website terms are probably the best example of a legal document where use of plain English strengthens the legal effect of the document. If a dispute should arise, it would be hard for a user of your site to claim that he did not understand, even if English is not his first language.

Using these terms on your website will help you to:

• set out clearly how your business works and how visitors should act and behave

• present a professional image of your business. Our use of plain English helps ensure that sellers do not feel intimidated by overly formal or legalistic language.

• prevent misunderstandings and make solving disputes easier

• protect your website from misuse (we include paragraphs that set out exactly how sellers can interact with your website, and what they cannot do)

• protect your business from complaints about content that your visitors posted - particularly important if visitors can post product information or interact with each other without you actively monitoring every post or message

Similar templates

The terms that grant a licence to use the software in this document are effective but not comprehensive. We offer "bolt-on" documents containing additional terms that create a fuller end user licence agreement (EULA).

See our EULA for an app on any device and EULA for downloaded software.

If you are in any doubt as to which template you should choose, please contact us.

The law in these T&C

The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, provision of service, delivery, liabilities and risk. By and large, you can set the terms you want, to match your business model.

The document can be edited easily so that it reflects exactly how your business works. Our guidance notes will tell you what you can change safely, and what we don't advise changing.

This template allows you to comply with The Sale of Goods Acts (1979 and 1994) and The Consumer Contracts (ICAC) Regulations 2013, allowing you to sell to businesses or consumers.

Contents

This template includes terms relating to:

• Definitions and interpretation
• Basis of contract
• The licence
• Price provisions
• Buying as a consumer
• Renewal payments
• Refunds
• Restrictions on posting
• How we handle your data
• Acceptable material posted
• Offensive content
• Security of website
• Restrictions on what may be uploaded
• Intellectual property
• Disclaimers, limitation of liability and indemnity
• Other legal provisions

We also include over 3,100 words of helpful and informative drafting notes.