Website Terms of Sale - Online Staff Training Services (B2B)
These Website Terms of Sale – Online Staff Training Services (B2B) are for use by any business which wishes to supply online staff training, teaching, instruction, mentoring or coaching to business clients or their staff through the medium of a video streaming service. There is no limit on the nature or subject matter of such training - it can be in any subject which a trainer is able to offer to a business or other non-consumer organization.
The terms and conditions of this document are designed to cover a number of training related services:
· the training business can provide live two way training sessions for its clients’ staff. These sessions can be for a single member of staff or a group of staff. Each staff member can participate using their own computer so that they need not be physically at the same location as each other or the trainer. The live format means that the trainer who presents a lecture etc can interact with all of the staff members participating.
· The client can use the online two way video streaming service to consult and agree with the training business about the content and format and other details of the training sessions and material that the client wishes the trainer to design and provide.
· The trainer can make available online any recorded training or information “one way” sessions (i.e. non interactive sessions) in video form for staff of one or more clients, as well as a facility to download other materials, and a facility to access other services which the trainer and its client wish to make available to the client’s staff.
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 trainer under these terms. This attachment contains some examples of subject matter in relation to which training can be provided. The attachment can be adapted as necessary by each training business to cover the scope of what it is able to offer to business clients.
This template provides for the use by the training business and its 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 training business 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 training business is a company or partnership which engages one or more trainers 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 background training/information items to be downloaded by the client or its staff at any time after any session/s have been purchased, without further charge, as part of the overall service purchased.
Each session may be in any one or more of the following video-streamed formats:
(a) Live one-to-one session which only the client/a single staff member of the client can access. It is “two way” so that the trainer and the client/staff member can see, hear and talk to each other, and the trainer can share his/her screen to allow the client/staff member to see any materials that the trainer wishes to show to the client/staff member. This is suitable where a client is discussing training needs with the training business, or a trainer is providing a single member of staff with anyone to one training, teaching, mentoring, coaching, counselling or other service; or
(b) Live group training/information session where a number of members of staff of a client access it at the same time and it is “two way” so that staff can, in real time, see, hear, and be seen and heard by the trainer, and, if the trainer permits, each other. This lends itself to provision of online classes, seminars (webinars) or lectures. As in “(a)” above, it enables screen sharing; or
(c) Pre-recorded training/information session accessible “on demand” at any time/s by one or more members of staff of a client individually, at times when it is convenient to each individual. It is a “one way” facility (i.e. no communication from client’s staff to trainer). This might be useful where the session is suitable for a range of clients generally rather than a session tailored specifically to a particular client and its staff. Such a session might be recorded to be used as a resource for clients generally or for a particular category of clients. Alternatively, such a session could be created and recorded especially for the staff of a particular client to view “on demand” by each of them where the client cannot arrange for a group of staff to participate simultaneously in a live session; or
(d) Live “one way” e.g. training/information session where the client/client staff cannot communicate with the trainer. This can be accessed by the client or one or more of its staff simultaneously. If the live session is also recorded by the trainer, it can then also be made accessible for any clients and their staff as a session as outlined at “(c)” above.
These Terms of Sale anticipate that everything that the trainer 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.
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 single live and/or pre-recorded training session or a single live consultation about training. Alternatively, it might include a package/series of such sessions.
The Terms of Sale provide that each Subscription allows access to a relevant session on a specific date (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 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 Staff Training Services (B2B) contain the following clauses:
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
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
1. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access sessions with a Trainer 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 Trainers
10. Your Brief
11. Our services
12. Nature and result of a consultation with you about proposed training needs or programmes
13. Nature and result of a session of training provided to You or Your staff
These Website Terms of Sale - Online Staff Training 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.