Safeguard your business with carefully drafted website terms and conditions
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WEBSITE AND MOBILE TERMS AND CONDITIONS SERVICE
The type of service you require will depend on the type of website, mobile app and their industries. We categorise the complexity level based on the average number of pages a website has which starts from 10 for the standard website to thousands of pages for the Enterprise Website. But this is not an exact measure and can vary widely depending on the purpose of the website, the industry and the type of business.
We have a four-tiered pricing plan to cover four different types of websites or mobile projects which start from the most standard web pages you’ll have on your site to very complex and voluminous websites as follows:
Standard B2C (10 pages)
Business Basic (B2C, (B2B), (M2C) (10 to + 100 pages)
Enterprise Platinum (+ 1000 pages)
Fees are the same whether we are reviewing or preparing the terms but for contract review, you may wish to use the contract review service.
STANDARD ( B 2 C )
- Standard websites
- Delivery within 7 days
- One telephone or video attendance
- No change of instruction
ENTERPRISE PLATINUM
- Worldwide terms
- Confirmed on a country by country basis
- This is for a mobile app or website at the second stage of development that has started to see exponential growth
Business Basic Level (B2C), (B2B), (M2C)
Most popular option. Average +10 pages. E.g. eCommerce,social media, crowdfunding, mobile or website aggregator,digital marketplace, digital mobile app
- bespoke functionalities or processes
- Suplier terms * promotion terms * event booking terms
- marketing automation platform terms
- Professional hiring terms * web services terms * content broadcasting terms * content management system terms
- Lead generation and marketing terms * data auto matching terms * location data terms
- Giveaways and promotions terms * guarantee contracts
- Id check terms * enterprise resource planning terms
- End user license terms * software download terms
- shrink wrap license terms * association management system terms
- Digital download and streaming erms * profile enhancement terms * content licensing erms
- Profile claiming terms * auto bidding facility terms
- Host bidding auction terms * reverse auction terms
- reserve auction terms * product information management terms
- Absolute auction terms * supply chain solution terms
- customer relationship management terms
- Appiles to mobile apps or websites
Whilst we ensure that our website and mobile terms are current and compliant with English law there is no guarantee that your website terms will not be challenged by a consumer, corporate partner or licensee. If that happens continuing work will be billed at a fixed fee of 375£ per hour plus VAT unless you opt for the Enterprise Platinum option which prices in continuing work for one year after delivery of the contract into the payment plan.
Get Started
To proceed download, complete and send the questionnaire below by email stating:
the option that you would like from the three options above; and
the time in which you would like the work delivered. Please email either Mr Peter Adediran peter@pailsolicitors.co.uk copying The Support Team - support@pailsolicitors.co.uk.
*Note that additional fees will be payable for quick 24 or 48 hour delivery
QUESTIONNAIRE FOR MOBILE APPLICATION OR WEBSITE DEVELOPMENT
This questionnaire is for terms and conditions for site/applicati- on and any other online platforms and applications for mobile, tab- let and other smart devices and application program interfaces (collectively, the “Applications”) (Platform) available (collectively, the “Site”).
Download HeareAdditonal Information On Terms and Conditions
Enforceable contract terms should be at the forefront of any website terms and conditions lawyer’s mind when writing website terms and conditions. Enforcing website terms are very important since the first matter for any court to deal with in a contract case is to decide whether the contract as a whole is effective, and then to determine whether the individual clauses within that contract are enforceable.
Some SME owners/managers have expressed the opinion that nobody ever reads the terms and conditions of a website. To these business owners having website terms and conditions is a box-ticking exercise to make customers and partners feel comfortable. This view, in my opinion, is the type of business owner that will have issues with enforceable website terms.
Other SMEs do not consider enforceable website terms as a box-ticking exercise but are focused on outcomes. Their question to us is “what is the outcome for their business, partners, and customers of having enforceable website terms?” To my mind, if a business is to be successful it would be wise to focus on the outcome of its terms and conditions of business rather than ticking a box.
This advice applies both while the going is good and in the bad times. While the going is good website terms have the following benefits:
(i) ensure clarity of expectation as to what exactly is being provided;
(ii) are a reference document in case of confusion or misunderstanding; and
(iii) they add a level of professionalism to the business.
In bad times the website contracts protect the business. The benefit of protection is the most important of all the benefits of having website contracts.
When things cannot be resolved amicably then the details in your contracts suddenly become of vital importance because it’s those details that will protect your business when the need arises.
Drafting appropriate clauses to protect a business is not just a cut-and-paste exercise. Clauses that attempt to protect a business are difficult to draft as they may be inter alia ineffective or unenforceable for being unfair, a restraint of trade, a breach of competition law, a breach of regulation maintained by an authority, and a breach of fundamental human rights.
Examples of clauses that are notorious for being unenforceable include:
(i) Non-compete provision to cover customers (See Jones v. IOS (UK) Limited and another [2012] EWHC 348 (CH), 2 March 2012).
(ii) Clauses giving rights to third parties under the Contracts Rights of Third Parties Act 1999 may be unenforceable internationally.
(iii) Arbitration clauses may be unenforceable against third parties.
(iv) Non-Solicitation and confidentiality clauses may be insufficient to cover business interests ( See Thomas v Farr plc and Hanover Park Commercial Limited [2007] EWCA Civ 118).
(v) Clauses may be unenforceable under the Consumer Credit Act 1974.
(vi) Exclusion and limitation of liability clause.
(vii) Force Majeure and liquidated damages clause (See Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm)).
(viii) Jurisdiction clauses are not always effective (See Deutsche Bank A.G. & Ors -v- Asia Pacific Broadband Wireless Communications Inc & Anr [2008] EWCA Civ 1091).
It is unwise to view website contracts as a box-ticking exercise, it would be wiser to see them as an outcomes-focused exercise.
There is always a risk of ineffective website contracts. There is an even greater risk if there is no careful consideration of the clauses.
If no thought is given to the website contracts then you are at much greater risk of little protection if the need should ever arise.
Our website business terms practice is for businesses and individuals and applies to all digital content media. Websites and mobile applications use similar terms for the same business. In other words, we provide terms for any media through which a business conducts its affairs online - including its websites, applications for mobile, tablet and other smart devices and application program interfaces.
Other important challenges for a website project
Other important challenges in website projects are protecting confidential information; correctly written software licenses and other end-user licenses. Web design and development agreements are vital, for instance, change requests and intellectual property transfers.
Delivery
Your terms and conditions will be sent back to you by email within seven days if it is a standard B2C; four weeks if it is business basic level; and enterprise level delivery times are to be agreed, (unless you have indicated that you want a faster turnaround). Delivery timescales are typically: seven business days; two weeks; one month; and two months. Fast turnaround times are: *24 hours; *48 hours;
No further fees will be charged unless agreed in advance. All payments are made in advance and prices are quoted net of VAT which will be added.
Website Terms Conditions Lawyers Internet Culture
The Internet is not owned or controlled by anyone. If you want to set up a website, provided you can code and you rent some space on a server you can. No one gives you a licence to do so. There is no global agency that ensures quality control of websites or that websites adhere to certain benchmark standards, including having website policies, codes of conduct or ethics. The fact is that only a few businesses bother to have professionally drafted website policies. It would not be totally without foundation to suggest that there is a general culture of indifference to website contracts both by businesses and by users until something goes wrong. When something does go wrong it is usually very difficult to get anything effective done about it particularly when the website is based overseas.
Website Terms Conditions Lawyers Conclusion
Since the explosion of the Internet we are still only scratching the tip of its commercial possibilities. However it is arguable that the Internet has still not received mainstream recognition as reliable and trustworthy. It still maintains the taint of the dot com bubble as just a place full of hype, filled with cowboys, and people with a grudge. This perception of the lawlessness of the Internet is an opportunity for those businesses that practice the highest ethical and responsible business standards to differentiate themselves from the rest. A good place to start would be appropriate terms and conditions which not only comply with the law but set a high standard of ethical business practices.
Website Development Agreement Lawyers
Avoid costly disputes and confusion in your web projects. Find out how website development agreement lawyers can help you draft clear contracts that protect your interests and build better relationships.