Website Terms of Sale - Online Architect Services (B2C)
These Website Terms of Sale - Architect Services (B2C) are designed for an architect’s practice to provide one or more online consultations to a consumer client about any project which the client is considering.
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 making available one way recorded sessions, e.g. information or advice videos which can be viewed by the client, and for downloading of other materials and access to other services.
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 architect under these terms. This attachment can be adapted as necessary by each architect’s practice.
This template provides for the use by the architect 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 architect 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 architect practice is a company or partnership which engages one or more architects to provide the online service, 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 sessions and the accompanying downloadable background and other text/graphics/images.
Each video streamed session may be in any of the following formats:
(a) Live private one-to-one consultation session which only one client can access. It is “two way” so that the architect and client can see, hear and talk to each other, and the architect can share his/her screen to allow the client to see any drawings etc that the architect wishes to show to the client;
(b) Pre-recorded information session capable of being accessed at any time/s by one or more clients. Its nature is such that it is a “one way” event with no communication between client and architect. This allows a client to access the session on demand whenever it is convenient to him/her. This might be useful where the architect records a talk that he gives about any general topics relating to building design etc;
(c) Live “one way” e.g. information session (where no client can communicate with the architect 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 architect, it can then also be made accessible for any clients as a session as outlined at “(b) above;
(d) Live group session where a number of clients access it at the same time and it is “two way” so that clients can, in real time, see, hear, and be seen and heard by the architect, and, if the architect permits, each other. This lends itself to provision of online seminars (webinars) for a number of other professionals or existing or potential new clients. (The architect will probably need to limit the clients who can have access on each occasion to a number which is manageable if, during the course of the session, the architect expects to have substantial interaction with the group during the online session).
These Terms of Sale anticipate that everything that the architect 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. This document is only suitable for online sessions. For consultations with an architect in person at the architect’s premises or client’s home, not online, please see the Architect's Terms and Conditions (Business to Consumer)
Under these Terms of Sale, the client has to set up an Account before purchasing any session/s. He/she can do so without charge and without committing to purchase any content.
He/she can then purchase a Subscription comprising any online session/s and other materials offered on your website .
Each Subscription will provide access to a relevant session on a specific date (if live), e.g. if a consultation, or during a stated period (if pre-recorded). or during a stated period (if pre-recorded) as well as to 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 online 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 Architect’s Services (B2C) contain the following clauses:
Background
1. Definitions and Interpretation
2. Information About Us
3. Contacting Us
4. Age Restriction and Consumers only
5. Business Customers
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. 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
Attachment:
1. Use of [Zoom][Other online service delivery platform] web-conferencing platform to access consultation with an Architect 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 Content is accessed
8. Particular communication or other requirements
9. Our Architects
10. Your Brief
11. Our Content
12. Result of a consultation
13. Miscellaneous.
These Website Terms of Sale - Online Architect’s Services (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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