Website terms and conditions template: continuous IT service provision

These website terms are for a business that provides software as a service (SaaS) or any other technical IT service provided online on an on-going or continuous basis until the customer cancels. For example, you might provide cloud based accountancy software, or hosted online marketing software, or provide CMS web hosting. The document is suitable for selling to businesses or consumers.

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About this website terms and conditions document

This website T&C is for a software or other technical business providing continuous work. By “continuous”, we mean work that continues until one side or the other terminates, as against a one-off service. Could be for a retail or business client. Perfect for a “cloud” service. Examples: web hosting; provision of statistics; Internet marketing; advertising placements. Extensive and detailed provisions to protect your IP and servers and to control what is allowed in postings.

Because this is a website TandC document, we assume that all details of your service will be on your website.

We have presented many options, each in simple terms so as to give you a menu of possibilities.

There are provisions for what can be uploaded to your site, draft data storage provisions.

There are special additional provisions regarding domain names which will not be required by every buyer of this document.

This template complies with the Fair Trading Act 1986, the Consumer Guarantees Act 1993 as amended, and other latest consumer protection legislation allowing you to sell to businesses or consumers.

Key features

  • Professionally draw, tough law
  • Easy to edit (as always with Net Lawman documents)
  • Thorough coverage of legal areas
  • Practical, alternative business provisions
  • No requirement for you to be your own lawyer
  • Sets out clearly how your business works and what customers can expect
  • Presents a professional image of your business. Our use of plain English helps ensure customers do not feel intimidated by overly formal or legalistic language
  • Prevent misunderstandings and make solving disputes easier
  • Complies with consumer protection law without compromising your legal rights if you also sell to businesses
  • Protect your website from misuse (we include paragraphs that form an Acceptable Use Policy, useful if your visitors can interact with your website, for example, by posting reviews or exchanging messages in a customer forum)
  • Helps you to trade safely internationally, whether your customers are in the Commonwealth of Australia, New Zealand or further afield.

The law in this document

The law in these T&C is largely common law that deals with the basics of contracts: offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities and risk. Provided you comply with the law, you can set whatever terms you like.

This template complies with latest consumer protection legislation allowing you to sell to businesses or consumers.

Contents

  • Definitions and interpretation
  • Preliminary legal matters
  • The price
  • Renewal payments
  • Content you Contribute or Post to Our Website
  • Other restrictions
  • About Contributions Posted by you
  • Removal of offensive Content 
  • Security of Our Website
  • Other legal provisions
  • Publicity / Announcements
  • Miscellaneous matters

Over 2,000 words of helpful and informative drafting notes.

Draftsman

This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.

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