Website Terms of Sale - Online Business/Management Consultancy Services (B2B)
These Website Terms of Sale – Online Business/Management Consultancy Services (B2B) are designed for a business/management consultant to provide one or more online consultations to a business client about any aspects of the client’s business.
Consultation sessions provided under the terms and conditions of this document are accessed through the medium of online two way live video streaming.
There is also provision in the document for making available one way recorded sessions, e.g. information or advice videos which can be viewed by the client, and for downloading of other materials and access to other services.
There is an attachment to the main body of the terms and conditions which sets out the detail of what is actually provided or made available by the business/management consultant under these terms. This attachment can be adapted as necessary by the business/management consultant.
This template provides for the use by the business/management consultant and the client of a cloud-based web conferencing platform (such as Zoom) for video streaming. Most of the provisions specifically relating to the use of such a platform are in the attachment. If a platform other than Zoom is to be used, the attachment can easily be adapted as necessary.
The business/management consultant may be a self-employed individual (sole trader), in which case he/she will contract personally on these terms and conditions with the client. However, where the business/management consultant is a company or partnership which engages one or more consultants to provide the online service, it will contract with the client. In each case the client will be contracting as a business client, not as a consumer.
This document provides for either a single session or for more than one session to be purchased. It also provides for text/graphics items to be downloaded by the client (at any time after any session/s have been purchased) without further charge.
Each session may be in any one or more of the following video-streamed formats:
(a) Live private one-to-one consultation session which only one client can access. It is “two way” so that the consultant and client can see, hear and talk to each other, and the consultant or client can share their screen to allow the other to see any materials that either wishes to show to the other; or
(b) Pre-recorded information session capable of being accessed at any time/s by one or more clients. Its nature is such that it is a “one way” event with no communication between client and consultant. This allows a client to access the session on demand whenever it is convenient to him/her. This might be useful where the consultant records a talk that he gives about any general topics of interest to a number of clients; or
(c) Live “one way” e.g. information session (where no client can communicate with the consultant or any other client). This can be accessed by one or more clients at the same time. If the live session is also recorded by the consultant, it can then also be made accessible for clients as a session as outlined at "(b)" above; or
(d) Live group session where a number of clients access it at the same time and it is “two way” so that clients can, in real time, see, hear, and be seen and heard by the consultant, and, if the consultant permits, each other. This lends itself to provision of online seminars (webinars) for a number of other professionals or existing or potential new clients. (The consultant will probably need to limit the clients who can have access on each occasion to a number which is manageable if the consultant expects to have substantial interaction with the group during the online session).
These Terms of Sale anticipate that everything that the consultant sells on these terms via its website will be intangible content provided online. No tangible items such as books, CDs, or DVDs will be supplied on these terms. This document is only suitable for online sessions. (For in person consultations at consultant’s or client’s premises, not online, the consultant should instead use separate terms and conditions designed for the purpose).
Under these Terms of Sale, the client has to set up an Account before purchasing any session/s. It can do so without charge and without committing to purchase any content. It can then purchase a Subscription comprising any online session/s offered on your website. So, for example, a Subscription might comprise a particular single consultation. Alternatively, it might include several such sessions, or a package/series of live and/or pre-recorded sessions. The Terms of Sale provide that each Subscription provides access to a relevant session on a specific date (if live), e.g. if a consultation, or during a stated period (if pre-recorded). The sessions, dates and periods in each case should be defined on your website in an appropriate place and confirmed in the client’s order details.
These Terms of Sale guide the client through the order process, explaining the formation of the contract between you and it for the Subscription, also setting out details about the content and its availability and provision, pricing, payment, and licensing.
Particular attention should be given to content descriptions when selling intangible content. This should be reflected in the definition of “Paid Content” and elsewhere in these terms and also in the information available on the website or given to a client before they sign up for a Subscription.
This template applies only to the online sale of intangible content, leaving the terms governing the use of the website itself to a separate document.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
These Website Terms of Sale - Online Business/Management Consultancy Services (B2B) contain the following clauses:
Background
1. Definitions and Interpretation
2. Information About Us
3. Contacting Us
4. Access to and Use of Our Site
5. Business Clients
6. Subscriptions, Paid Content, Pricing and Availability
7. Orders – How Contracts are Formed
8. Payment for Subscriptions
9. Provision of Paid Content
10. Licence
11. Ending Your Subscription
12. Ending the Contract Because of Something We Have Done (or Will Do)
13. Our Liability
14. Events Outside Our Control (Force Majeure)
15. Communication and Contact Details
16. Complaints and Feedback
17. How We Use Your Personal Information (Data Protection)
18. Other Important Terms
19. Law and Jurisdiction
Attachment:
1. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access consultation with an Architect online
2. The technology that We will be responsible for providing
3. The technology and other items that You will be responsible for providing
4. Scope of what We make available to access
5. Account setup needed
6. Your responsibility for Your Account and its security
7. Your privacy and security on each occasion when the services are accessed
8. Particular communication or other requirements
9. Our [Business][Management] Consultants
10. Your Brief to Us
11. [Range of] Our services
12. How We work with You
13. Result of a consultation
14. Miscellaneous.
These Website Terms of Sale - Online Business/Management Consultancy Services (B2B) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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