Website Terms of Sale - Online Counselling or Therapy (B2C)
These Website Terms of Sale - Online Counselling or Therapy (B2C) are designed for a professional to use to provide any type of counselling or therapy to an adult client. Everything supplied under the terms and conditions of this document is through the provision of both online streamed sessions which are live (one way or two way) or recorded (one way) and downloadable background and other materials. All of this is made available in return for a single Subscription payment.
This template does not specify the particular type/s of counselling or therapy to be provided but it is suited to any type of counselling or therapy that can be provided remotely, i.e. anything other than physical or medical therapy – essentially anything that can be provided by means of speech, or using text, graphics or video shared with the client.
The counselling or therapy might be provided by, for example, a psychologist, a psychotherapist, or a bereavement, relationship, rehabilitation, education, substance abuse or mental health counsellor, or a behaviour or brief therapist, or indeed any other type of counseller or therapist. There is an attachment to the main body of the terms and conditions which can be adapted according to the type of counseller or therapist concerned and the type of service they offer.
This template provides that, for video streaming, the counseller or therapist and the client will use a cloud-based web conferencing platform (such as Zoom). Most of the provisions specifically relating to the use of a video streaming platform are in the attachment. If a platform other than Zoom is to be used, the attachment can easily be adapted as necessary.
The counseller or therapist 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 provider is a company or partnership which engages a counseller or therapist to provide the services, it will contract with the client. In each case the client will be contracting as a consumer, not as a business client.
This document provides for the Subscription to cover single or multiple video sessions and the accompanying downloadable or viewable background and other text/graphics/images.
Each video streamed session may be in any of the following formats:
(a) Live private one-to-one counselling or therapy session which only one client can access. It is “two way” so that the counseller or therapist and client can see, hear and talk to each other. This session is personal and designed to meet the needs of the particular client in the same way that a face to face session would be provided;
(b) Pre-recorded information, guidance or other session (e.g. a general talk, standard in nature, about a particular type of problem, condition or situation) capable of being accessed at any time/s by any client. It is a “one way” event with no communication between client and counseller or therapist. This allows any client to access the session on demand whenever it is convenient to him/her;
(c) Live “one way” session (where no client can communicate with the counseller or therapist or any other client). This can be accessed by any client at the time it is streamed. If the live session is also recorded by the counseller or therapist, it can then also be made accessible for any clients as a session as outlined at “(b) above.
These Terms of Sale anticipate that everything that the counseller or therapist sells on these terms via its website will be provided online only. No tangible items such as books (or other materials) in paper form, CDs, or DVDs will be supplied on these terms.
Under these Terms of Sale, the client has to set up an Account before purchasing any sessions. He/she can do so without charge and without committing to purchase any digital content. He/she can then purchase a Subscription comprising any video sessions and other materials offered on your website.
Each Subscription provides access to a relevant session on a specific date (if live) or during a stated period (if pre-recorded) as well as to the background and other materials. 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 them 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 descriptions when selling 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.
Cancellation rights are addressed in detail in the terms, including the 14-day cooling off period granted to consumers under the 2013 Consumer Contracts Regulations.
Further key provisions deal with liability, customer complaints (with reference to complaints handling policies and procedures, templates for which are also available from Simply-Docs), contact information, and data protection.
This template applies only to the sale of 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 Counselling or Therapy (B2C) contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. Contacting Us
4. Age Restriction and Consumers only
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
11. Problems with the Paid Content
12. Cancelling Your Subscription
13. Your Other Rights to End the Contract
14. Our Liability to Consumers
15. Complaints and Feedback
16. How We Use Your Personal Information (Data Protection)
17. Other Important Terms
18. Law and Jurisdiction
1. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access [counselling][therapy] content 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 two way sessions are accessed
8. Wellbeing, Health and Safety
10. Scope of Our Content
11. Your commitment
These Website Terms of Sale - Online Counselling or Therapy (B2C) 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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