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Web ToS Consultation with a Designer (B2B)

Website Terms of Sale - Online Designer Services (B2B)

BS.WEB.TCZ.14

These Website Terms of Sale – Online Designer Services (B2B) are intended for use by various types of professional designer, for example a graphic, website, interior, 3D product, furniture or fashion designer. The designer can provide one or more online consultations under these Terms of Sale to a business client during which the client can discuss the client’s proposal for design work which the designer would carry out once he/she and the client have agreed sufficient detail of the design work to be done. If the designer then carries out preliminary work offline, e.g. produces draft graphics etc., the designer and the client could discuss it in the course of a further online consultation. Unless the final design needs to be encapsulated in 3D form, the final version can be provided online for approval by the client.

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:

(a) making available to the client online one way pre-recorded material, e.g. background or other information or advice videos relevant to the project which can be viewed by the client (e.g. to assist the client formulate his/her own ideas or to understand aspects of what the designer can or cannot achieve given any limitations of the designer’s brief or the nature of the design or item to be designed); and

(b) downloading of other materials and access to other services relevant to the designer’s subject area or the particular brief from the client (e.g. brochures, pictures, background information).

There is an attachment to the main body of the terms and conditions which sets out the detail of what is actually to be provided or made available by the designer under these terms. This attachment can be adapted as necessary by the designer.

This template provides for the use by the designer 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 designer 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 designer is a company or partnership which engages one or more designers 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 more than one session to be purchased. It also provides for background information 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 one or more of the following video-streamed formats:

(a) Live private one-to-one video consultation session which only one client can access. It is “two way” so that the designer and client can see, hear and talk to each other, and the designer 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 video information session capable of being accessed at any time/s on demand by one or more clients. It is a “one way” event with no communication between any client and designer. This allows a client to access the session on demand whenever it is convenient to him/her. This might be useful where the designer gives a talk (which he/she records) about any general topics of interest to a number of clients; or

(c) Live “one way” e.g. information session on any design topics (where no client can communicate with the designer 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 designer, it can then also be made accessible for clients as a session as outlined at “(b)” above.

These Terms of Sale anticipate that everything that the designer sells on these terms via its website will be intangible content provided online. No tangible items such as books, CDs, DVDs or 3D products designed by the designer will be supplied on these terms. This document is only suitable for sessions that are conducted online. (For sessions in person, i.e. at the designer’s or client’s premises, not online, the designer should instead use separate terms and conditions produced for that 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 any particular session/s either on any specific date/s (if live) 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 Designer 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 session with a Designer online

2. The technology that We will be responsible for providing

3. Limit on scope of technology that We make available for access to Paid Content

4. The technology and other items that You will be responsible for providing

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 Designers

10. Your Brief to Us

11. What We can provide as Paid Content

12. What We can cover in online consultations

13. Third party involvement in online consultations

14. Result of a consultation

15. Miscellaneous.

These Website Terms of Sale - Online Designer Services (B2B) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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