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Expert Website Terms and Conditions Lawyer Protect Your Business

Comprehensive Website Contracts Prepared by a Leading Internet Lawyer

WEBSITE AND MOBILE TERMS

Website Terms and Conditions and Mobile App Solicitors’ Service

The type of service you require will depend on the type of website, mobile app and their complexity. We categorise the complexity level based on the following factors:

The complexity of website terms and conditions can be influenced by several key factors:

  • Industry Regulations: Certain industries, such as travel agencies (ATOL), finance (FCA), healthcare (GMC), (CQC); (HSE); (MHRA), and e-commerce (Consumer Regulations), have strict regulatory requirements that need to be addressed in the terms and conditions. These regulations can significantly increase complexity and, therefore, the time spent drafting the terms and conditions.

  • Jurisdiction: The legal environment in which a website operates can affect the terms and conditions. Different countries or regions have varying consumer rights, data protection, and liability laws, necessitating more complex clauses to comply with those laws.

  • Business Model: Websites that involve transactions, subscriptions, or user-generated content may require more detailed terms to cover the specific obligations and rights of both the service provider and the users.

  • Type of Services Offered: The nature of the services (e.g., digital downloads, online courses, social networking) determines the extent to which terms of service must stringently outline user agreements, intellectual property rights, and usage limitations.

  • Data Privacy and Protection: With increasing concerns over data privacy, websites collecting personal information need robust terms regarding data use, storage, and user rights, which adds to the complexity.

  • Dispute Resolution: The terms may need to outline how disputes will be resolved, including arbitration clauses or jurisdiction for legal actions, which can add layers of complexity.

  • User Interactivity: Platforms that allow user interactions, such as forums or comment sections, may have additional rules addressing user conduct, moderation policies, and liability for user-generated content.

  • Updates and Amendments: The terms may need to include provisions for how updates to the terms will be communicated and what happens if users disagree with changes.

Overall, the more nuanced the website's operations and responsibilities, the more intricate the terms and conditions will likely need to be. We have a two-tiered pricing plan to cover two different types of websites or mobile projects: Business Basic and Enterprise Platinum.

  1. Business Basic (B2C, (B2B), (M2C)

  2. Enterprise Platinum

The fees are the same whether we are reviewing or preparing the terms, but you may wish to use the contract review service for contract review.

ENTERPRISE PLATINUM

  • Worldwide terms
  • Confirmed on a country-by-country basis
  • For mobile app/website at exponential growth stage

Business Basic Level (B2C), (B2B), (M2C)

£TBC

Most popular option. Average +10 pages. E.g. eCommerce, social media, crowdfunding, etc.

  • Bespoke functionalities or processes
  • Supplier 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 & marketing terms
  • Giveaways & promotions terms
  • ID check terms * Enterprise resource planning terms
  • End user license terms * Software download terms
  • Digital download & streaming terms
  • Profile claiming terms * Auto bidding facility terms
  • Customer relationship management terms
  • Applies to mobile apps or websites

Get Started

To proceed download, complete and send the questionnaire below by email stating: 

  1. the option that you would like from the two options above; and

  2. the time in which you would like the work delivered. Please email 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

This questionnaire is for terms and conditions for site/application and any other online platforms and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Applications”) (Platform) available (collectively, the “Site”).

Download Here

Additonal 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.

Alternatively, you may contact us by email or telephone:

Alternatively, you may contact us by email or telephone or complete the contact form below:

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

Make an appointment

Contact us today to learn how we can help safeguard your success.

Contact Us Today!
+44(0207)304-7491

*Charge Rates May Apply and May Vary For an Initial Consultation