1. Website terms and conditions
Website terms and conditions have 4 basic functions: (i) helping website operators to comply with the law; (ii) reducing legal risk by disclaiming or limiting responsbilities and liabilities; (iii) establishing rules relating to the use of the website; and (iv) defining the contractual obligations owed by the user to the operator and vice versa. Although we have a wide range of terms and conditions designed for particular types of website, many websites do not fit neatly into any category. Consequently, these more generic templates are among our most popular documents.
2. Privacy policies
Designed to help you to comply with UK and EU data protection law, these privacy policies are, in essence, shorter and simpler versions of our privacy and cookies policy templates. Although cookies are not referenced in the titles of these documents, cookies-related disclosures are included, albeit in summary form.
3. Cookies policies
4. Non-disclosure agreements
Non-disclosure agreements come in two basic flavours. First, there are unilateral or one-way agreements which protect the information of only one of the parties. Second, there are mutual or two-way agreements which protect the information of both parties. All of our non-disclosure agreements share the same core clauses, but with some extra optional provisions in the premium documents. Use these non-disclosure agreements to protection your confidential information and to facilitate open communications with business partners.
5. Copyright notices
These are website copyright notices containing a Universal Copyright Convention-style notice, an assertion of ownership of copyright in website materials, a licence to use the website and straightforward acceptable use provisions. If you are using one of our website terms and conditions documents, you will not usually need a separate copyright notice.
6. Website disclaimers
These website disclaimers incorporate a copyright notice asserting ownership of the website copyright, a set of exclusions and limitations of liability (ie disclaimers) and certain statutory disclosures. They are designed for use on the simplest of websites in place of more detailed - and usually contractual - website terms and conditions.
7. Anti-spam policies
Our anti-spam policy template come in free and paid versions, with a Docular credit included in the former but not the latter. The policies include a broad definition of "spam", warnings about spam filters, prohibitions on user spam and information about receipt of unwanted messages.
8. Linking policies
Linking policies are not a common sight on the internet nowadays - at least, outside the affiliate / partner marketing space - but some businesses and organisations do still wish to assert control over the ways in which others link to their websites.
9. Medical information disclaimers
These disclaimers are intended for use on a website. They attempt to limit the website publisher's liability in relation to medical information on the website. Almost identical disclaimer text is incorporated into our medical website terms and conditions template.
10. Legal information disclaimers
Some types of legal publishing are more risky than others - but any website that publishes legal information brings some level of risk and it is usually sensible to include a disclaimer alongside legal information. This disclaimer is used, in slightly modified form, in our legal website terms and conditions template.
11. Consultancy terms and conditions
Whilst similar in content to our consultancy agreements, these consultancy terms and conditions templates take a 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. This form of contract may be more suitable where the consultancy wants to avoid or discourage the negotiation of contract terms.
12. Consultancy agreements
These consultancy agreements 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 consultancy agreements include provisions covering the supply of the consulting services, the production of reports and other deliverables, the payment of charges, warranties, disclaimers of liability, the term of the agreement and the parties' rights of termination.
13. Letter enclosing contract for signature
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 ...
14. Letter terminating contract on notice
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 ...
15. Letter giving notice to remedy breach
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 ...
16. Letter proposing amendments to draft contract
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, ...
17. Letter proposing variation of contract
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 ...
18. Letter terminating contract on insolvency
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 ...
19. Letter terminating contract on breach
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 ...
20. Free end user licence agreement
This document is a free-to-use software EULA or end user licence. Click-wrap and web-wrap licences can be created using this document, as well as more traditional shrink-wrap licences. The document governs the legal relationship between a licensor and its customers. Note: although this EULA can be used for B2C licences as well as B2B licences, it does not include a ...
21. Software support agreements
These software support agreements cover 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. All of the software support agreements incorporate a set of optional service level commitments relating helpdesk availability, response times and resolution times.
22. Software maintenance agreements
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.
23. Software licence agreements
Copyright protects software and to use software legally a person needs a licence. These software licence agreements require that the licensor deliver or make available the software to the licensee. The licence itself is flexible and may be limited in a number of different ways. The usual prohibitions on use (or misuse) of the software are included. In consideration for grant of a licence, the licensee must pay a one-off licence fee or ongoing licence fees to the licensor.
24. SaaS agreements
These are software-as-a-service (SaaS) agreements designed to regulate the legal relationship between a provider of hosted or cloud software on one hand and its business customers on the other hand. These SaaS agreements can be used where the parties are likely to be negotiating the specific provisions of the contract. If terms will be imposed by the services provider upon the customer, and the customer will have no opportunity to suggest alternative terms, then you should consider our SaaS terms and conditions (or, for highly commodified or consumer-oriented services, cloud services terms and conditions) instead.
25. Ebook disclaimers
These disclaimers can be included in and distributed with an ebook in order to help managed risks relating to that ebook.
26. Newsletter disclaimers
These disclaimers can help a publisher to manage the copyright and liability issues arising out of the publication of newsletters.
27. Web design and development agreements
Under these web design and development agreements, the developer has an obligation to create a website or web application on behalf of the customer, and either assigns or licenses the copyright in that website or web application to the customer. In consideration for the provision of the services and the assignment or licence, the customer must pay the agreed charges to the developer. In addition, the customer may be obligated to provide assistance to the developer and to provide text, images and other materials to the developer for use in the project.
28. Health and fitness disclaimers
Health and fitness information, if used without care, can often lead to mishap or injury. These disclaimers are designed for use on websites publishing such information. Note that similar disclaimer text is already included in our health and fitness website terms and conditions.
29. Non-exclusive distribution agreements
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.
30. Assignments of copyright
An owner of copyright may transfer that ownership to another person using one of these assignment documents. The assignment may be entered into before or after the creation of the copyright work. These documents all include a nominal consideration clause, under which the assignee agrees to pay to the assignor a nominal fee.
31. IT support terms and conditions
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.
32. Terms and conditions of sale via website
These terms of sale can be used in relation to the online sale of physical products. All of these terms of sale templates have the same basic structure. They define the order process through which products may be ordered; they describe how prices are specified and how payments must be made; they detail the delivery process for products orders; they set out information about warranties given by the seller and limitations of liability; and they establish the circumstances in which orders may be cancelled. The B2C versions of the terms of sale include a set of clauses detailing consumer rights under the distance selling rules.
33. Cleaning terms and conditions
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.
34. Commission agreements
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.
35. Manufacturing agreements
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.
36. Software development agreements
Under these software development agreements, the developer agrees to create software on behalf of the customer and to transfer to the customer its intellectual property rights in that software. Rights in any third party programs or libraries incorporated into the software will be licensed to the customer, either directly from the vendor of the third party software or through the developer. Charges may be fixed or time based. A standard set of software warranties is included with all versions of the software development agreement.
37. Delivery policies
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.
38. Returns policies
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.
39. Consumer contracts model instructions for cancellation
This model instructions for the cancellation of consumer contracts reflect the requirements of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In particular, these instructions reflect the text of part A of Schedule 3 to those Regulations. This document is more suitable for contracts relating to goods than those relating to services, although it attempts to cover both categories. NB many of our ...
40. Consumer contracts model cancellation form
This document can be used by those selling goods or services online to create a cancellation form for consumers as required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The text of this document comes from Schedule 3, part B of those Regulations. Section 13(1) (b) of those Regulations states: "Before the consumer is bound by a distance contract, the trader .... ...
41. End user cyber security policies
These are internal cyber security policies, intended to control the use of IT systems by employees of a company and company sub-contractors. See also our supply chain cyber security policies, through which contractual obligations relating to information security can be applied to suppliers. These policies were created and are maintained by Emma Osborn of OCSRC.
42. Video game EULAs
As video games add features and grow more complex, so the legal issues affecting them and their licence agreements grow more complex. These end user licence agreements (EULAS) have been especially created for video games. The longer versions of the EULA include ecommerce provisions alongside the core licence and usage rules.
43. Data processing agreements
Data processing agreements between controllers of personal data and their processors, and between processors and sub-processors, have long been a requirement of EU and UK data protection law. With the coming of the General Data Protection Regulation (GDPR) they have become much more common. GDPR-friendly data processing agreements tend to be longer and more complex than pre-GDPR agreements. These template data processing agreements are designed to help you produce a compliant document with the minimum of fuss. They track the specific requirements of the GDPR closely, supplementing those requirements in a few important areas.
44. Software services agreements (T&M)
These contracts regulate the provision of ongoing software development and support services, where those services are provided in whole or part on a time-and-materials basis.
45. Sponsorship agreements
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. API services terms and conditions
Contractual documentation for the provision of cloud or hosted software-based services by means of an application programming interface (API) without individual human users.
47. Search engine optimisation agreements
Formal agreements to regulate the provision of search engine optimisation (SEO) services by an SEO professional or business, including both advisory and implementation services.
48. Software evaluation licences
These licence documents are designed to cover the provision of software to a customer or prospective customer for the purposes of a trial or evaluation.
49. Report disclaimers
These legal notices can be incorporated into written reports to help manage the legal risks associated with those reports.