Online Professional Services Website Terms of Sale (B2C)

Many types of services are now provided to consumers remotely over the internet as an alternative to face to face provision.

The features that all of these sets of website terms of sale have in common are that they are all designed to provide intangible content online to a consumer in return for payment of a single subscription, the provider makes available live or recorded video streamed content and other downloadable material (e.g. text/graphics) on subscription, and it does so via a cloud-based web conferencing platform (often via Zoom but these templates can easily be adapted if some other platform enabling video streaming is used).

The types of content covered by these sets of website terms are: tuition, fitness, physical and counselling therapy, and professional services.

Each set has been tailored to a specific type of content provided by the supplier online via the third party platform used . (In contrast, the sets of terms for online sale of digital content in the accompanying Website Terms and Conditions subfolder are generic and they do not specify either the type of content offered or the means of delivering it.)

The first set of terms is for tuition services, the Website Terms of Sale - Online Tuition, Mentoring, Teaching (Adult) (B2C). This covers expert teaching, coaching, mentoring, training or instruction services for adults. In contrast, the Website Terms of Sale - Online Tuition (Minors) (B2C), for teaching of any subject studied at school, is for minors only. The chief technical difference between these two sets of terms is that, in the first set, adults can enter into a contract for services, whereas in the second set, a parent or guardian has to enter into the arrangement on behalf of the minor. The second set therefore incorporates provisions to enable the adult to act on behalf of the minor. There is also a set of terms for music teachers, the Website Terms of Sale - Online Music Teaching (B2C), containing provisions enabling music teaching of either an adult or a minor.

The category of fitness includes fitness training, yoga or pilates instruction, and dance. An example is the Website Terms of Sale - Online Zumba (Or Other) Dance/Workout Class (B2C) covering all forms of dance.

The therapy category comprises a set of terms for physiotherapy and a set for all types of counselling (the latter being the Website Terms of Sale - Online Counselling or Therapy (B2C) ).

There are also two professional services sets of terms, one for architect's services and one for veterinary services.

In all of these sets of terms, most of the terms and conditions are the same or very similar, simply because what is common to each of them is that the medium used for provision of services is an online platform, and what is supplied is ephemeral and intangible, i.e. it comprises speech (or other sounds) and live or recorded video content. They also all have similar provisions covering consumer protection (including cancellation rights); type of content; scope of subscription; pricing and payment; order process/formation of contract; scope of responsibility to provide content; quality of content; and intellectual property in, and licence to customer to access and use, the content.

The key differences between them can be found in the schedule to each set of terms.

For example, in the tuition, mentoring and teaching terms, the schedule includes a description of what is to be taught, the length of a session, measuring progress, student's commitment, regular attendance and punctuality, items to be provided by the student, student assignments, and professional references for tutors. In contrast to this set of terms, the schedule to the zumba, dance, or workout set of terms includes extensive details covering health & safety, and the schedule to the veterinary set of terms includes special provisions to deal with responsibility of the customer to obtain medicines and pet insurance, and also to deal with privacy etc where the customer opts to take part in a live session together with other customers of the vet.

These templates are only suitable as terms for the sale of content. In each case, you will also need to use a set of terms governing the use of the website itself (as opposed to buying online content from the website). As an example of a set of website use terms, see the Website Terms of Use - E-Commerce Sale of Digital Content (B2C) .

All of the terms in this subfolder are for use when dealing with a client/customer who is a consumer (not a business client/customer). They include various cancellation rights which the client/customer can exercise, including the cancellation rights conferred on clients/customers under consumer law.

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