About this document
We offer a number of basic alternatives covering different business models. What matters is not so much what you sell as how you sell it.
This is a terms and conditions document for the international sale of soft copy download products (like software) to consumers and business via the Internet. It is suitable whether there is a one-off or periodic charge. It assumes the website contains facilities for visitor inter-action and it includes a user licence (EULA).
Terms and conditions are the contract between you and your customer. Provided you comply with the general law, you can write what terms you like. However, if you sell to consumers you are constrained by the Distance Selling Regulations and other consumer law. The really important thing is to make sure that your terms accurately reflect exactly how you intend to “do business”.
This document differs from NZ-ECM124 only in that it provides for “hard” products as well as soft copy. It therefore includes additional provisions for delivery and returns.
Who will use this document?
Any person or company selling to consumers any product which is made available by soft copy download through an e-commerce enabled website, together with a physical product, like a sealed box with a CD or a hard copy instruction manual. You do not have to sell both together every time - this document merely provides for both hard and soft copy products. If you sell to business you can use the same document: certain consumer protection provisions are made applicable only to consumers. These terms are suitable for selling to anywhere in the World, though we cannot be responsible for local laws in other countries.
Key features:
· Comprehensive set of terms and conditions suitable for any service or range of services;
· Provides protection (as far as can be given in a document) against problems which could arise from people posting content of any sort on your website.
· Compliance with the law on distance selling and consumer protection;
· Simple structure makes for easy amendment to suit your precise commercial requirements.
· The document covers all usual basic contractual issues, as well as Internet and technical issues.
· This document comes with an excellent set of notes to help and advise you on drafting points, alternatives and necessary insertions.
This document includes provision for:
· the essence of the contract: when made; offer and acceptance. Changes to information on website;
· customer account and confidentiality;
· price, GST, payment and how you will provide the service - download / email, etc;
· support provision;
· delivery and returns;
· dissatisfaction and refunds;
· disclaimers and limitation of sellers liability;
· protection of your confidential information and intellectual property (so far as possible in a document of this nature);
· a comprehensive draft “Acceptable Use Policy” which you use to say what your visitors or contributors may or may not do (delete it if there is no place on your site where people can enter text or otherwise communicate with you).
· protection from hackers (so far as possible in a document of this nature);
· extensive prohibitions against customer misdeeds;
· appropriate legal provisions - warranties, exclusions, indemnities, etc.
