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Commercial law

1. Consultancy terms and conditions

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Whilst similar in content to our consultancy agreements, these terms and conditions templates take a slightly different form. The commercial details of the contract (including the services specification and the financial provisions) are set out in a statement of work to which the terms and conditions are attached. The parties sign the statement of work, thereby agreeing to the terms and conditions.

2. Consultancy agreements

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These agreement templates can be used to regulate the relationship between a consultancy and its clients. The consultancy may be a corporate entity, a partnership or a sole trader. All the agreements include provisions covering the supply of the services, the production of deliverables, the payment of charges, warranties from each party, disclaimers of liability, the term of the agreement and the parties' rights of termination.

3. Letter enclosing contract for signature

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Even today, contracts are regularly sent out by post for signature. This document may be used to create a covering letter for contracts sent out in this way. The letter assumes execution by signature, rather than execution as a deed. It also assumes that 2 copies of the contract are being sent, and that either: (i) both those copies have been signed by the sending ...

4. Letter terminating contract on notice

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This letter template is designed to assist in the production of a letter terminating a contract on notice, where there has not been a breach of contract or other particular event giving rise to the right of termination. Many - probably most - formal contracts allow one or both of the parties to terminate by giving the other a written notice of termination. This is sometimes referred ...

5. Letter giving notice to remedy breach

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Many contracts provide that, where a breach of contract is remediable, the breach will only give rise to a right of termination if the party not in breach has given the party in breach written notice requiring that the breach be remedied, and the party in breach has failed to remedy the breach within some defined period following the giving of the notice. This breach ...

6. Letter proposing amendments to draft contract

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This letter template is designed to assist in the production of a letter from one prospective contracting party to the other prospective party, suggesting amendments to a contract that is under negotiation. Three different forms of amendments are covered: new clauses to be added to the draft contract, deletion of existing clauses from the contract and clause substitutions. The default text also invites the recipient, ...

7. Letter proposing variation of contract

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This letter template is designed to assist in the production of a letter from one contracting party to the other party, proposing a change or changes to a subsisting contract. Three different types of changes are catered for by the document: the deletion of contractual provisions, the addition of new contractual provisions, and the substitution of new contractual provisions for old ones. If you have ...

8. Letter terminating contract on insolvency

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This letter template is designed to assist in the production of a letter terminating a contract, where an insolvency or bankruptcy event has given rise to the right of termination. It is very common for contracts to allow a party to terminate where the other party becomes insolvent or bankrupt. In some cases, a contract may be terminated where the other party merely threatens to ...

9. Letter terminating contract on breach

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This template is designed to assist in the production of a letter terminating a contract, where a breach of contract has given rise to the right of termination. In the letter, the terminating party notifies the non-terminating party of the fact of termination, specifying both the clause of the contract that has been breached and the clause under which the contract is terminated. The ...

10. Software support agreements

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Software support refers, in this context, to the provision of a helpdesk or other contact mechanism, through which the customer or the customer's users can access help, advice and assistance in relation to the software in question, and report bugs and other issues with the software.

11. Software maintenance agreements

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These software maintenance agreements are designed for use in circumstances where a software vendor will provide maintenance services with respect to its own software. Each agreement differentiates between minor updates and major software upgrades. A service level agreement attached as a schedule contains detailed provisions concerning when and how the software will be updated or upgraded.

12. Non-exclusive distribution agreements

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These distribution agreement templates set out the obligations of a supplier and a distributor in relation to a non-exclusive distributorship - that is, a distributorship granted on the basis that other distributors may be appointed with respect to the same market. All the agreements include provisions covering the scope of the appointment, the specific duties of the parties, order procedures, charges, payments, confidentiality and liability. In addition, all the agreements include a schedule containing terms and conditions of supply.

13. IT support terms and conditions

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These terms and conditions should be used in relation to general IT support services provided to businesses. They are not suitable for use in relation to contracts with consumers. All these templates include an optional data protection clause to help services providers who are acting as processors (rather than controllers) comply with their obligations under data protection law.

14. Terms and conditions of sale via website

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All of these documents have the same basic structure. They describe the order process through which products may be ordered; they describe how prices are specified and how payment must be made; the detail the delivery process for products orders; they set out information about warranties given by the seller and limitations of liability; and they detail the circumstances in which orders may be cancelled. The B2C versions include a set of clauses detailing consumer rights under the distance selling rules.

15. Cleaning terms and conditions

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These terms and conditions templates are all based on the same underlying model, with provisions added or subtracted to fit the particular document in question. For example, while most of the templates include distance and doorstep selling clauses taking account of consumer protection legislation, the office cleaning terms and conditions do not. The cleaning services terms and conditions is the most comprehensive of these documents.

16. Commission agreements

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Under each of these commission agreement templates, one party will pay the other party commission in relation to a particular event or type of event. For example, commission may be paid in relation to the introduction of a customer by one party to the other. The longer versions of the template also include clauses covering the confidentiality of information and/or the non-solicitation of connected persons.

17. Manufacturing agreements

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These agreements provide a framework within which a manufacturer and a customer may contract for the manufacturing and supply of products. The agreements assume that the products will be specified by the customer. All versions of the manufacturing agreement include, as schedule, a set of terms and conditions governing the specific legal basis upon which products are supplied. These terms and conditions cover, for example, the passage of title and risk to the customer.

18. Delivery policies

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Designed for use in relation to an ecommerce website, these delivery policies describe the delivery methods used as well as delivery timetables. They should be used alongside our terms and conditions of sale via website documents. They can be used for both B2B and B2C stores.

19. Returns policies

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These policies should be used to document discretionary returns and refund offers in relation to website sales. They are not intended to regulate statutory returns, which are covered by our terms and conditions of sale via website documents. If you are not proposing to offer customers rights going beyond the statutory basics, you do not need any of these policies.

20. Non-solicitation agreement (unilateral)

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This is a unilateral non-solicitation agreement: all the non-solicitation obligations restrict the freedom of one party for the benefit of the other. The specific non-solicitation restrictions in the document include: (i) a prohibition on entering into contracts or other business dealings with relevant persons; (ii) a prohibition on employing or becoming the employee of relevant persons; (iii) a prohibition on forming a ...

21. Amendment agreement

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This simple template agreement may be used to amend an existing two party contract in circumstances where the amendment will take place with the written agreement of each of the parties. The types of amendment anticipated in this amendment agreement include: (i) the deletion of provisions from the original contract; (ii) the addition of provisions into the original contract; and (iii) the substitution of provisions ...

22. Non-solicitation agreement (mutual)

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This is a straightforward non-solicitation agreement template. The template is designed to help businesses to protect their legitimate interests through contractual prohibitions restricting dealings with third parties. The restraints of trade doctrine can affect the enforceability of a non-solicitation agreement. Contractual provisions that amount to covenants in restraint of trade are prima facie unenforceable. They will usually only be enforced by the courts ...

23. Confidentiality and non-solicitation agreement (mutual)

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This agreement template has been designed for the situation where two parties wish to impose both confidentiality and non-solicitation obligations upon each other. In other words, the confidentiality and non-solicitation obligations will be mutual. The confidentiality provisions may restrict not just the disclosure of confidential information, but also the manner of its use. Flexible definitions of "confidential information" are included, allowing for both ...

24. Gardening services terms and conditions

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These terms and conditions for the provision of gardening services are primarily intended to act as "standard terms of business". In other words, they may form the basis of all (or most) legal relationships between a gardening services business and its customers. With this goal in mind, the document is relatively flexible, and may cover one-off services contracts as well as ongoing relationships. The ...

25. Handyman services terms and conditions

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This document is designed to govern the legal relationship between a handyman (or, more likely, a company providing handyman services) and customers, including both business customers and domestic customers. A range of optional clauses are included in the document, covering such matters as services appointments, the supply of materials, the state of the customer's premises and the storage of supplier equipment. Accordingly, the template ...

26. Carpet fitting services terms and conditions

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This is a set of standard terms and conditions for a carpet fitting business. The T&Cs are drafted on the assumption that the carpet fitter will not be supplying the carpets to be fitted, although the carpet fitter may be supplying other materials, such as tacks, gripper sticks, door rods and underlay. The template may be used by businesses that serve the consumer market, ...

27. Electrical services terms and conditions

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This documents contains standard T&Cs for the provision of electrical services. In particular, it may be suitable for an electrician business. The document incorporates special provisions dealing with the services to be provided, the making and cancellation of appointments, requirements imposed on the service provider with respect to personnel, materials supplied by the service provider, the premises of the customer, obligations of the customer ...

28. Painting and decorating services terms and conditions

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This document is designed to be used by a painting and decorating business, as its standard terms and conditions for customers. It is suitable for use in relation to both business customers and consumers. It includes provisions covering the supply of paints, primers, wall coverings, treatments and other decorating materials by the supplier to the customer. This decorator terms and conditions documents is designed to ...

29. Plastering services terms and conditions

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This is our standard plasterer's T&Cs document. It is designed to cover indoor and outdoor plastering and rendering services, whether supplied to business customers, consumers or both. The plastering contract can easily be adapted to suit the particular circumstances of your business. Accompanying the plastering terms and conditions is a skeleton statement of work. This may be used to specify the particular details ...

30. Plumbing services terms and conditions

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These plumbers' terms and conditions are suitable for use in relation to a wide range of plumbing services, and can be used with business customers, consumers or both. They are designed to be flexible enough to cover one-off jobs or ongoing engagements. The plumbing contract terms include a wide range of protections for the service provider. For example, there are optional provisions to deal ...

31. Tiling services terms and conditions

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This document is a set of standard T&Cs of business for a tiler or tiling services business. It can be used in relation to business customers, both large and small, as well as domestic customers. A wide range of optional provisions are included in the document, allowing for easy adaptation. For example, the T&Cs include optional clauses in respect of the making and ...

32. Novation agreements

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The function of a novation agreement is to substitute one of the parties to a contract, so that a new person takes on the rights and obligations of that party under the contract, while the other party to the contract remains in place. Accordingly, these novation agreements assume that there will be three parties signing: the transferor, the transferee and the counterparty. Novation agreements such as these are widely used in the context of business sales.

33. Maintenance services terms and conditions

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This document is designed for use in respect of the maintenance of tangible items, such as equipment and hardware. It should not be used in respect of intangibles, such as software and data. With this document, you can create standard terms of business for a company (or sole trader) providing equipment or hardware maintenance services. The document is flexible, allowing for both B2B and B2C ...

34. Exclusive distribution agreements

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These template distribution agreements can be used by a supplier granting exclusive rights to a product distributor. Typically, the exclusivity will relate to a particular geographic marketplace. Both versions of the agreement include a schedule containing terms and conditions governing product supply (including transfer of title, transfer of risk and supplier warranties).

35. Table booking terms and conditions

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These terms and conditions are designed to be used in relation to an online table reservation system for a restaurant or similar establishment. The terms and conditions may also be used with respect to bookings made over the telephone or in person – but in these cases, if you want the terms and conditions to be enforceable, you will need to ensure that the person making ...

36. Digital store terms and conditions

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These terms and conditions are designed to cover the use of a digital store - that is, the use of a website that sells downloadable digital products. To be clear, this document does not cover the sale and licensing of digital products, as to which see our range of download terms and conditions. This document is suitable for use in relation to digital stores selling a ...

37. Graphic design terms and conditions

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This document contains terms and conditions for the provision of graphic design services. It has been drafted to take particular account of the interests of the services provider, and accordingly may be a good basis for preparing the standard terms of trading of a graphic design business. The document's treatment of intellectual property in the designer's work product is relatively flexible. The intellectual ...

38. Terms and conditions of supply

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These terms and conditions cover the sale and supply of physical products by one business to another. The core obligations in the agreement cover the manner of supply or collection, responsibility for transportation and insurance, the passage of title and risk, customer obligations in relation to onward sales, and charges. These terms and conditions should not be used in relation to B2C contracts.

39. Writing services terms and conditions

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Many businesses engage external agencies to produce written works. For instance, web content and informational copy may be produced by such agencies. This terms and conditions template is designed to cover the provision of writing services by one business to another. (It is unsuitable for use in relation to B2C contracts.) One of the key issues with this sort of contract is the treatment of ...

40. Photography terms and conditions

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Contracts between photographers and their clients should define the scope of the photographer's obligations and provide for the ownership - and in appropriate cases licensing - of the copyright and other intellectual property rights in the photographs produced in the course of the contract. Each of these templates is designed to help a photographer or photography services business to create standard terms and conditions covering these core issues. Each also includes a range of optional provisions, which may be adapted or excluded as necessary for the particular circumstances in which the template is used.

41. Home tutoring terms and conditions

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This tutoring agreement template has been designed for businesses that provide training and tutoring to individuals at home or other consumers. If you will be supplying tutoring services to businesses rather than consumers, you should consider our B2B tutoring contract document. The terms of business include a provision allowing the service provider to cancel a teaching session where "personnel illness or shortage" makes the running ...

42. Business training terms and conditions

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These terms and conditions are designed to cover training services provided to businesses. They should not be used for training services provided to domestic customers. The document in particular protects the interests of the services provider, and accordingly is suitable for use in the creation of standard terms for a training services business. Special provisions are included in the terms and conditions in respect of ...

43. Bookkeeping terms and conditions

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These T&Cs are designed for a bookkeeping services business to use as its standard terms of trading. The T&Cs are, as at the date of drafting, broadly consistent with the codes of ethics and rules promulgated by the principal bookkeeping industry bodies in the UK, namely the Institute of Certified Bookkeepers (ICB), the International Association of Book-keepers (IAB) and the Association of ...

44. Translation services terms and conditions

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These are standard terms and conditions for a business providing translation services. The terms and conditions include warranties from the client in relation to the source material. For instance, the client warrants that the source material will not infringe any third party rights. Subject to this client warranty, the translator warrants that the translation will not infringe any third party rights. This document assumes that ...

45. Sponsorship agreements

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Under these template sponsorship agreements, an organisation may sponsor a person, team, event or other thing in exchange for the provision of sponsorship benefits: access, promotional activities, advertising opportunities and so on. A licence of the sponsor's trade marks is included in both documents, but only the premium version includes a licence of the other party's trade marks.

46. Services agreements

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These services agreements may be used with respect to B2B services where the parties will sign a copy of the agreement and no special regulations (eg financial services regulations) apply to the services. A range of optional clauses allow the agreements to be adapted to cover a range of different services. Those optional clauses cover such matters as customer co-operation, deliverables, customer premises, customer-supplied materials, intellectual property rights and expenses. Mutual confidentiality clauses are included alongside a GDPR-style data processor clause.

47. Terms and conditions for the supply of services

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These documents establish the legal basis upon which services are supplied to a customer. All versions cover the standards that the services must meet, customer obligations and responsibilities, deliverables and intellectual property rights in deliverables, rules regarding customer premises and customer-supplier materials, financial matters, confidentiality, data protection and much else besides. Many of the provisions in these documents are optional, allowing for great flexibility.

48. Software support and maintenance agreements

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These documents make a clear distinction between support services and maintenance services. Two separate service level agreements are provided as schedules, one for support and the other for maintenance. The support provisions cover the provision of a helpdesk, response and resolution times, and limits on support services. The maintenance provisions cover notification of updates and upgrades, the provision and/or application of updates and upgrades, an the consequences of failing to apply an update or upgrade. In addition, all the documents include a GDPR-friendly data processing clause.

49. Subcontractor framework agreements

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A framework agreement allows the parties to define the structure and terms of particular orders. Typically, an initial order will be entered into at the time of signature of the framework agreement, with subsequent orders being agreed by the parties as and when required. These framework subcontractor agreements are designed primarily to protect the interests of the business engaging the subcontractor, rather than the subcontractor. They include an order procedure, general clauses on the provision of services, non-solicitation clauses and confidentiality clauses.

50. IT support terms and conditions (B2C)

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This is a B2C-specific version of our short-form (ie "basic") IT support services terms and conditions document. The terms and conditions have been created to regulate the supply of IT support services to consumers (not businesses). Optional provisions cover the supply of hardware and software licences. A special clause included in the document covers distance contracts and off-premises contracts - in respect of ...