This is a template for Net Lawman document. It is our desire that find it important and beneficial for your website.

Besides, we provide a document review service if you need help editing the document. We also offer a lawyer to ascertain that the edited documents grant your business the right protection. Contact our legal team at support@netlawman.co.uk.

We maintain our copyright in this template. The template can only be used in accordance with the licence agreement that is found in our terms and conditions. If you do, you agree:

  • to keep the reference in the document to Net Lawman; and
  • if you publish or make variation of the document on a website, to link it to our site.

Buy the license from us if you would like to remove the reference to Net Lawman. Contact us at support@netlawman.co.uk.

Make some editing to this template before making it available on your website. To help you, you should download our free Guide to editing legal documents (http://www.netlawman.co.uk/uploads/Editing Legal Document Templates.pdf) and read the notes at the end of the template and do let us know if you have any questions.

We offer a privacy policy document for free if your website needs one. You can get it at https://www.netlawman.co.uk/d/website-privacy-policy.

The template for the terms and conditions commences on the next page. Drafting notes commenting on each paragraph can be found at the end of this document.

 

Terms and Conditions

 

These terms and conditions are the contract between you and [Our Name] (“we”, “us”, etc). By visiting or using Our Website, you accept to be bound by them.

These terms and conditions are founded on a set written by Net Lawman and released under licence. They protect both your rights and our rights.

I / We are [your business name], [a company registered in [country], number [company number]. Our address is [address]]

You are: Anyone who uses Our Website.

Make sure to read this agreement carefully and save it. If you do not approve of it, you should immediately leave Our Website.

 

These are the agreed terms

Definitions

“Content”                              means the aural, visual, or textual content that is part of your

experience on Our Website. This may include, videos, images, texts,

sounds, animations, among other things.

 

“Intellectual Property”       means every category of intellectual property owned by us, whether

registered or not or registrable in any country. This includes

intellectual property that comes into existence after today; and including

among others, trademarks, unregistered marks, copyright, patents,

software, designs, inventions, creations, domain names, discoveries and

all rights which are derived from these rights.

 

“Our Website”                      means any website or service designed for electronic access, either by

fixed devices or mobile which is owned or operated by us.

 

“Services”                               means the services provided from Our website.

 

Children on Our Website

 

2.1                We believe that children should be protected from inappropriate Content

regardless of the age of consent in your country. You should know our policy to

protect your children. Our policy is as follows:

2.2              In the children categories, our volunteers have checked both the entries, and,

where relevant, the links.

2.3             We do not gather personal information knowingly from any person below the age

of 16 years.

2.4               Persons of any age may freely access any page of Our Website. We do not moderate

content or check identities.

2.5             It is you, not we, who give access to Our Website for the children in your care.

It is your responsibility to verify that the Content your children might see is

Suitable for them.

2.6            As for links, you may like to check the privacy policies of those sites

where your children might visit frequently to see how they collect and use

information.

2.6              You can also consider a filter software.

2.7              You admit that we are not responsible for Content that anyone has placed on

Our Website for the content of site accessible by a link from Our Website.

2.8              You now agree to relinquish any claim you may otherwise have against us on

account of age-related suitability of Content and to compensate us against any

claim made by any person on behalf of a child in your care.

 

Intellectual Property

 

You always agree that you will:

3.1               not do anything which does or might reduce the value of our Intellectual Property

or challenge our ownership of it.

3.2                inform us of any suspected infringement of the Intellectual Property;

3.3               where it concerns our work provided or made accessible by us to you, you will

not:

3.3.1       copy, or make any change to any part of its code;

3.3.2       use it in any way not anticipated by this agreement;

3.3.3       grant access of the license of this agreement to any other person than

you;

3.3.4       in any way offer any information about it to any other person or

generally.

  1. 4 not use the Intellectual Property except directly as proposed by this agreement

or in our interest.

 

Disclaimers and limitation of liability

 

4.1                The law varies from one country to another. This paragraph applies so far as the

applicable law allows.

4.2               All implied warranties, conditions, and terms are omitted from this agreement. If

in any jurisdiction an implied warrant, condition, or term cannot be omitted, then

this sub paragraph shall be deemed to be reduced in effect, only to the extent

necessary to release that specific warrant, condition, or term.

4.3                  You are informed that Content may include technical inaccuracies or typographical

errors. This is unavoidable in any large website. If you find any errors, we would

be grateful if you bring to our immediate attention.

4.4             Links to other internet websites are contained on Our Website. We do not have

power nor control over such website. You recognise and agree that we shall not be

liable in any way for the Content of any such linked website, nor for any damage

or loss or arising from your use of any such website or from your purchasing

services or goods through such a website.

4.5            The [Our Name] Website and [Our Name] Services are provided “as is”. We make

no representation or warranty that Our Website will be:

4.5.1     valuable to you;

4.5.2     of satisfactory quality;

4.5.3      suitable for a particular purpose;

4.5.4     accessible or available, without interruption or error.

4.6           We claim no expert knowledge in any subject. We deny any obligation or liability

to you arising directly or indirectly from information you take from Our Website.

4.7            We refuse any responsibility for third party advertisements which are posted on

Our Website or through the Services;

4.8            We shall not be liable to you for any expense or loss or expense which is:

4.8.1      indirect or consequential loss; or

4.8.2      economic loss or other loss of turnover, profits, goodwill, or business even

if such loss was reasonably anticipated or we knew you might incur it.

4.8           This paragraph (and any other paragraph which excludes or restricts our liability)

applies to our directors, officers, agents, subcontractors, employees, and affiliated

companies (who may enforce this clause under the Contracts (Rights of Third

Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as

to ourselves.

 

Miscellaneous matters

 

5.1           Our privacy policy is accurate and solid. It conforms fully with the Data Protection

Act 2018 which is at [link to privacy policy].

5.2           If any provision or term of this agreement is at any time held by any jurisdiction to

be invalid, void or unenforceable, then it shall be treated as changed or reduced,

only to the extent minimally necessary to bring it within the laws of that jurisdiction

and to prevent it from being void and it shall be binding in that changed or reduced

form. Subject to that, each provision shall be interpreted as severable and shall not

in any way affect any other of these terms.

5.3           No failure or delay by any party to exercise any right, remedy or power will operate

as a waiver of it nor indicate any intention to reduce that or any other right in the

future.

5.4           Any communication to be served on either party by the other shall be delivered by

hand or sent by first class post or by e-mail.

It shall be deemed to have been delivered:

If delivered by hand: on the day of delivery;

If sent by post to the right address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent

e-mail: within 24 hours if no notice of non-receipt has been received by the

by sender. [Be cautious before agreeing to accept service by e-mail. Although

is convenient, there is the risk of missing or accidentally deleting the text.]

 

5.5          The performance, validity, and construction of this agreement shall be governed by

the laws of [England and Wales / Scotland / Northern Ireland] and you agree that

any dispute occurring from it shall be litigated only in that country.

 

Explanatory notes:

 

Website terms: simple information site

 

General notes

What you need to do to comply with the Data Protection Act 2018

The Data Protection Act applies to all personal data you gather, use or store. The scope includes data concerning any INDIVIDUAL.

We have come up with a broad privacy notice. It guarantees your website visitors that you take their privacy seriously. More importantly, your adopting it will encourage you to make whatever changes are necessary in your day to day business. You can download it at https://www.netlawman.co.uk/d/website-privacy-policy

For this terms and conditions document, there is no need to explain to customers that you comply with law – any more than you would tell them you comply with any other law.

As a vastly reduced summary, the important areas of the Act to consider include:

  • you do not have a provision where you are assuming implied consent of customer to use his information in the way you think fit;
  • if you allow a user to post information to your website, you may not process, edit or change that information without express permission, if such information include his name, address, image etc.
  • Until now, you could simply ask for a tick to a box indicating that your customer or client has read your T&C. That is no longer good enough. You need to say exactly what you might do with your user’s data.
  • The most important elements of data to consider are personal data and any data which you want to use – for example as a testimonial.

You may find full list at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/applications/children/

We have drawn this terms and conditions document on the assumption that you would make sensible changes on your website and use an updated privacy notice. Doing this will allow you to run your business seamlessly while complying with Act.

Paragraph specific notes

Notes numbering refers to paragraph numbers.

1.Definitions

We have no comment.

2.Children on Our Website

The purposes of this paragraph are first, to notify parents and others in charge of children that your site may contain improper content and secondly to protect you from a claim on that account. The last sub paragraph covers the situation where some third-party acts on behalf of the child to avoid the previous disclaimer. Delete if you are sure it is not required.

3.Intellectual Property

Few business managers are aware just how much IP is owned by the business. There is a wide variety of IP rights, from domain names to trademarks. It is wise to leave this provision in place, edited as appropriate.

4.Disclaimers and limitation of liability

This paragraph may be the main reason why you have bought this document. We have given you very solid protection. The law is complicated and much depends on the facts of each case. We suggest including these disclaimers so far as they apply to your business.

You will see that we have also included in the provision for your associates to have the same protection. One way to get around disclaimer provisions in the past was to claim not against the company with whom the claimant has a contract but against the directors or others in negligence.

Rights of Third Parties Act – We have provided reference of two Acts. By all means select the one according to your jurisdiction clause.

5.Miscellaneous matters

Several special points. We have identified each of these as important to protect you. Some are applicable to particular paragraphs in the document, some apply more generally. Some are added to strengthen your position generally. Do not delete unless you are quite positive of the legal effect of doing so.