clauses for terms and conditions

23
Clauses for Terms and Conditions

Upload: termsfeed

Post on 24-Jan-2018

67 views

Category:

Law


0 download

TRANSCRIPT

Page 2: Clauses for Terms and Conditions

Your Terms and Conditions (1) (T&C) contains all of the rules between you and the users of your website/app.

This important legal agreement helps:

Protect you from liability,Prevent the misuse of your website/app, andSet forth all essential terms for using your website/app

(1) Link to https://termsfeed.com/terms-conditions/generator/?ref=blog-sidebar-start-here

Page 3: Clauses for Terms and Conditions

Here are 11 essential clauses that should be included in your T&C agreement.

Page 4: Clauses for Terms and Conditions

1 Acceptance of Terms

For your T&C terms to be enforceable, your users need to accept your T&C agreement.

Let users know what constitutes acceptance in your Acceptance of Terms clause.

Page 5: Clauses for Terms and Conditions

1 Acceptance of Terms

The best method for getting acceptance is through clickwrap (2), where users have to click a check box and/or link to show they are agreeing to your terms.

(2) Link to https://termsfeed.com/blog/examples-click-accept/

Page 6: Clauses for Terms and Conditions

1 Acceptance of Terms

You can use a more passive browsewrap (3) method where users are considered to accept your agreement simply by using your service.

(3) Link to https://termsfeed.com/blog/browsewrap-clickwrap/

Page 7: Clauses for Terms and Conditions

2 Reference to your Privacy Policy

Let users know that you have a Privacy Policy (4) and provide a link to it.

(4) Link to https://termsfeed.com/privacy-policy/generator/?ref=blog-sidebar-start-here

Page 8: Clauses for Terms and Conditions

3 Authorized Users

This is only necessary if you want to limit who can access your website/app, such as for adults only or age restrictive websites.

Page 9: Clauses for Terms and Conditions

4 User Submissions

This is only necessary for websites/apps that allow user-generated content (5) such as photo sharing apps.

Here is where you’ll explain ownership, licenses you’ll claim and a disclaimer that users access this user-generated content at their own risk as well as other stipulations to user submissions.

(5) Link to https://termsfeed.com/blog/4-clauses-host-user-generated-content/

Page 11: Clauses for Terms and Conditions

5 Payments and Billing

This is crucial if your website/app offers paid services, memberships, subscriptions or sells anything.

What fees you charge,What forms of payment you accept,Penalties for returned or missed payments,Refund information,Collections information,Etc.

Let users know:

Page 13: Clauses for Terms and Conditions

6 Copyright Infringement

If you allow user-generated content on your website/app, you must provide a means for users to report copyright infringement under the Digital Millennium Copyright Act (6) (DMCA) in the United States.

(6) Link to https://termsfeed.com/blog/dmca/

Page 15: Clauses for Terms and Conditions

7 Disclaimers and Warranties

These clauses are fairly standard and boilerplate, but very important.

Don’t forget about including one to protect yourself from liabilities.

Page 17: Clauses for Terms and Conditions

8 Intellectual Property Rights

Here is where you claim ownership and IP rights to your business trademarks, copyrights and proprietary information and let users know they are not allowed to use it.

Page 19: Clauses for Terms and Conditions

9 Applicable Law

Let users know what jurisdiction will apply if any disputes arise under the legal agreement.

Page 20: Clauses for Terms and Conditions

10 Termination of Use

Let users know:

How they may terminate their own accounts, andThat you may terminate their accounts under certain circumstances

Page 22: Clauses for Terms and Conditions

11 Changes to Terms

Retain the right to update your terms as needed.

Let users know how they will be notified of any changes.