Three variations of your standard terms and conditions
This is one of three consultancy / professional Net Lawman terms and conditions documents which could be used either as website T&C or as a hand out to a client. Not suitable as a negotiated document (for which, see below).
All three are for a business model where a professional service uses a website to promote the business. Also suitable, with easy edits, for presenting to a client as “your terms”, without reference to the Internet.
The website may be set up to:
- sell your expert and professional service or advice against pre-payment through the website or setting up a subscription.
- sell some special “pre-pack” of your range of services, as a management consultant might sell a particular specialism, or an architect might sell packs of drawings for self-builders.
- bring in a prospective client so that you can give him a price for the work he wants, then pay in advance through your website. An example might be a children’s tutor where the website is primarily a medium for information and advance payment.
- sell a service supported by a product or device. This is a little more complicated because either you license your product or you sell it. In the first instance your T&C should include the terms of the licence.
The three variations are:
- Services only, nothing requiring a formal licence. That is at T&C consultancy: professional or expert service; sale of supporting products.
- Services, where your expertise depends on heavy use of your intellectual property which will be licensed to your client as part of your deal. That is at T&C consultancy: professional or expert service; licensed product.
- Services, supported by the sale of some physical product, even a dvd or hard copy materials. That is this agreement.
About this agreement
A website terms and conditions document for a consultancy or other professional service. That is to say an identifiable “package” service supplied by a human being.
Although a standard T&C document, it covers provisions for a close working relationship. It is not for an impersonal sale of a service.
Contains strong provision for confidentiality and protection of your intellectual property - we assume you may use texts or software of great value.
It is perfect for any fixed price package or for work against which you quote a price and leave client to accept and pay via the Internet.
Examples:
Business or marketing consultancy; personal tax return; standard house plans; ISO certification advice; health and safety assessment; distance tutoring.
Payment is by a single sum or subscription. Suitable for business or consumers.
Alternatives to this agreement
If in providing your service, you also sell a product, like a DVD, use T&C consultancy: professional or expert service; sale of supporting products.
If you want a more formal consultancy agreement look at Consultancy agreements.
Contents of this agreement
- Definitions and interpretation
- Basis of contract Credit card security
- Price and renewal of payment
- Service provision
- Foreign taxes
- Liaison with client
- Work management procedures
- Compliance issues
- Confidentiality of the service
- Protection of your intellectual property
- Termination
- Disclaimers and many matters to protect you
Over 1,000 words of helpful drafting notes.
This document was written by a solicitor for Net Lawman. It complies with current Australian law.
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