New Website Terms of Sale
Have you moved to teaching online during the pandemic? Do you teach yoga or pilates, provide personal fitness training, teach a musical instrument or a foreign language, offer personal or business coaching/mentoring, or tutor children in school subjects? In the past these teaching/instruction services have usually been taught face to face at the teacher’s or client’s premises but due to the severe impact of the Covid-19 lockdown many such services are now being provided online instead. There are some benefits to this; savings in time and expense due to the reduced need to travel and greater flexibility about the time and day for the teaching to take place. This also means that the teacher can potentially have a wider geographical market. New online services template documents A range of new Website Terms of Sale have been produced, for use when teachers and others offer various types of online services. Each set of these terms is designed to cater for a particular type of service, e.g. teaching yoga or pilates. In each case the terms provide for teaching using live or recorded video streamed items (“digital content”) delivered by means of a cloud-based web conferencing platform provided by a third party. The platform used to deliver this digital content might be Zoom, but it might equally be any other platform enabling video streaming. Each template can easily be adapted if some other platform is used. These new template documents will save you time and expense if you wish to produce a set of terms and conditions for provision of teaching or similar services via your website. Use of one of these new templates will also assist you to specify exactly what is offered, how it is made available, and the appropriate contract terms governing the situation. The terms will assist in protecting both your legal position as provider and your client’s legal position as a consumer. In particular, these terms set out the applicable consumer cancellation rights relevant in the context of provision of digital content sold via a website. All of the terms in this subfolder are for use when dealing with a client/customer who is a consumer. Should you instead be using some other template? These templates are suitable for use when selling and providing video streamed items (i.e. intangible items) via the provider’s website. This means that you would need to use other terms instead if you are selling tangible items (e.g. hard copy books, or CDs, or DVDs) via your website. If none of these new templates is suitable for the online services that you provide, you might instead consider using one of the generic sets of online terms which you will find in the accompanying Website Terms and Conditions templates. If you wish to add terms to your website governing use of the website itself, please see the accompanying Website Terms and Conditions templates.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.