Directory website terms and conditions (free and paid)
Our directory website terms and conditions template provides a model for those operating online listings services. Where a provider allows users to submit information for inclusion in a directory website rather than collecting the information itself, the provider using this template will benefit from having the ability to define submission practices and to refuse or delete offending submissions.
This template specifies the process for visitors to submit their information for listing on the directory site and the conditions for continued inclusion. Visitors whose information is accepted for listing in the directory grant a licence in their content to the website operator.
The T&Cs allow for two categories of listing: free and paid. The provider can set out the advantages afforded to paid listings. For settlement of fees for paid listings, the template contains provisions that allow the provider to specify procedures for payment and penalties for any unwarranted payment cancellation.
Additionally, the T&Cs template contains standard limitations on use of the website, including protection of the operator's intellectual property rights in the site. This protection is accomplished by providing a copyright notice, a restricted licence to visitors and explicit protection of the site operator's trade marks. Other site-use restrictions include requirements for visitors to keep track of the use of any accounts they have registered and to make certain that the content of any listings complies with the rigorous limits on appropriate content contained in the document.
In accordance with general practice, use of the website constitutes tacit acceptance of the T&Cs by the user, and, in the case of a listing on behalf of a business or other entity, the T&Cs are binding on the individual user and the entity. Users who register should be asked to give their express agreement to the T&Cs.
The template defines the actions the operator may take in case of breaches of the T&Cs, including suspending access or initiating a lawsuit for breach of contract.
Other standard provisions include a disclaimer of warranties by the website operator, a general waiver of liability and indemnification of the operator by users. The template also contains prompts for the disclosures typically required to be included on company websites by European Union and English law.
The directory website terms and conditions template is designed for business listings and so does not contain the consumer protection or data protection provisions necessary when individuals purchase services or where personal information is provided.Ask about this document
Directory website terms and conditions (free and paid) contents
- Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age; cookie consent.
- Copyright notice: UCC copyright notice; ownership of rights in website.
- Licence to use website: licence to use website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use website; redistributable content; restriction of access to website.
- Acceptable use: acceptable use: prohibitions; veracity of information supplied.
- Use on behalf of organisation: use on behalf of another.
- Registration and accounts: account eligibility; account registration process; no other person permitted to use account; notify on misuse of account; use of another's account.
- User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
- Cancellation and suspension of account: rights of operator over account with paid services; cancellation of website account with paid services by user.
- Directory: directory submissions welcome; directory submissions positive rules; directory submissions compliance with acceptable use etc; keeping directory submission up to date.
- Free directory listings: free directory listing submission process; free directory listing period; deletion of free listings.
- Paid directory listings: paid directory listing submission process; input error correction and identification; benefits of paid submissions; paid directory listing period; deletion of paid listings.
- Prohibited directory submissions: reservation of right to reject or delete directory submissions; no refunds on rejection or deletion of directory submissions.
- Fees: fees specified on website; amounts inclusive or exclusive of VAT; payment of fees; variation of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set off.
- Our role: acknowledgement of website operator role (advertising platform); provision subject to limitations of liability.
- Your content: licence: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; user may edit own content; delete etc user content on breach.
- Your content: rules: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
- Report abuse: request to report abuse; how to report abuse.
- Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to website.
- Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liablity for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software; no liability for consequential loss; no personal liability; liability cap upon services contract.
- Indemnity: indemnity from website users.
- Breaches of these terms and conditions: consequences of breach; non circumvention of measures upon breach.
- Third party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
- Trade marks: website operator's trade marks; third party trade marks on website.
- Competitions: competitions on website; competition terms and conditions.
- Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
- Assignment: assignment by first party; assignment by second party.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Entire agreement: entire agreement - use of website.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: copy of document not filed; language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; ecommerce regulations: professionals; ecommerce regulations: code of conduct; value added tax number; link to ODR website; name and URL of ADR provider.
- Our details: website operator name; company registration details; place of business; contact information.