Website terms: consultancy business; includes terms of sale for supporting product or systems

Terms for a consultancy firm or professional services provider, where the service is ordered through your website but delivered offline. Additionally, this template includes terms for providers that sells supporting products or systems with the service. For example, you might provide personal training advice and sell products to use for training outside of consultation sessions.

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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.

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.

The three variations are:

About this agreement

Just a few examples of a business which may need this document are:

  • You provide a subscription based specialist advisory service where you sell a stream of some renewable part.
  • You are a specialist consultant whose advice depends on the purchase and installation by your client of some widget you sell to them.
  • You provide an athletics training service. Your advice depends on some sort of sophisticated timing or measurement equipment which you sell to your clients.

This is a website terms and conditions document for an expert or professional service bought via the Internet but provided personally, probably face to face.
Your service may be:

  • a service in an identifiable “package”
  • a subscription service, or
  • a periodic service, or
  • a service for which you respond to Internet enquiries and give a quotation
  • a service where you feel you should control and protect your copyright or other intellectual property

Although a website T&C document, it is also suitable, with easy edits, for presenting to a client as “your terms”, without reference to the Internet. It covers (optional) provisions for a close working relationship. It is not for an impersonal, automated service provision.

Contains strong provision for confidentiality and protection of your intellectual property - we assume you may use texts or software of great value.

Alternatives to this agreement

If your business model requires that you negotiate the terms of your retainer with each client, then sign the document, you will need a contract document consultancy agreement from our set at Consultancy agreements. You may not need a website T&C document if you do not make any contract via your website.

If you trade via the Internet and this document does not fit, have another look at: Web site terms and conditions: service providers.

Contents of this agreement

  • Definitions and interpretation
  • Basis of contract
  • Credit card security
  • Price and payment
  • Service provision
  • Renewal payments
  • Foreign taxes
  • Liaison with client
  • Work management procedures
  • Compliance issues
  • Confidentiality
  • Protection of your intellectual property
  • Termination
  • Disclaimers and many matters to protect you

Over 1,400 words of helpful drafting notes.

Draftsman

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

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