- Definitions – This clause defines the main terms used here.
- Domain Name, etc – insert your website’s domain name, company name, company number, registered office address and main business address. If applicable, insert your trading name and whether it is a registered or unregistered trademark and then your company name. If not, then delete this sentence.
- Website – insert your website’s domain name.
- Access to website – Adapt clause 2.1 if necessary to refer to the main features/functions of your website. If customers cannot have an account with you, delete the whole of the sentence that refers to customer control panel and the sentence that follows about registration.
- Use of website and services – This clause states the restrictions on people reusing copyright material on your site and refers to your owning the intellectual property rights in the site (e.g. trademark(s); copyright). In clause 3.6, if you sell via your website, then you need separate terms and conditions of sale (a suitable template is available separately from Legalo) and here you should insert a hyperlink to them.
- Site uptime – This clause refers to the fact that your site is not guaranteed always to be available, but that you would try and warn users of planned downtime for maintenance (for example this might be by a notice posted on the site – see clause 9.5).
- Visitor conduct – This clause covers the “acceptable use” policy and states what sort of conduct is unacceptable when using your website.
- Your account and password – This clause deals with passwords for customer or user accounts. Insert a contact email in case of issues with logging in and passwords.
- Links to and from other websites – This clause covers (a) a disclaimer of liability for other websites your site may have links to and (b) other sites linking to your site.
- Disclaimer and exclusion of liability – This clause is an extensive one limited your liability or excluding your liability. You should still do your best to avoid the site’s causing problems for users, e.g. by keeping the site secure against viruses, hackers and spambots, keeping users’ data safe and monitoring any information posted by users for breach of your acceptable use policy (e.g. trolling, obscene or defamatory posts).
- Miscellaneous – This covers a number of minor areas, e.g. how you can send notices to the users.
- Governing jurisdiction – Where the parties are all based in the UK, the jurisdiction should be exclusively that of England. Please note that if a consumer is based in Wales, Northern Ireland or Scotland, then they may still be able to sue you in their local courts.
Version – insert the month and year. If you update the terms later on, remember to update this date.