Paid directory website terms and conditions
These terms and conditions are intended for directory websites offering paid listings. The type of listings can vary. For example, the website could list other websites, or businesses, institutions, locations or individuals. It is assumed that those purchasing directory listings are businesses, and not consumers. The terms and conditions favour the interests of the directory operator rather than the user.
The user is required to expressly agree to the terms and conditions in order to use the directory services (ie get a listing in the directory).
The document includes provisions containing instructions on how to make acceptable submissions, and detailing the types of submission that are unacceptable for publication.
Provision is made for the cancellation or suspension of user accounts, in respect of which the operator will make a pro-rata refund for services the user has paid for, provided the user has not breached the terms. The directory operator is not required to repay monies to persons whose accounts are cancelled after they have made prohibited directory submissions.
A paid directory submission will be published for a defined period of time, unless the submission is deleted or the operator ceases to publish the website.
Fees must be paid in advance. The fee provisions set out methods for fee payments and give the website operator options on how to deal with outstanding fees, including the suspension or withdrawal of the services.
The rules for content expressly state that it should not be illegal or unlawful, and not infringe anyone's legal rights. The template provides for the operator to be able to select other specific criteria to add to a list of what constitutes unacceptable content.
The warranties given are limited; in particular, no warranties are given that the website will be accurate, up to date or indeed available.
The user will not usually be entitled to any compensation if the website is discontinued; however, they may be entitled to a refund for the portion of unused pre-paid fees.
The operator's liability is limited to the greatest extent permissible by law, but the operator should consider placing a specific cap on its aggregate liability to reduce financial exposure. The liability cap needs to be reasonable in order to be enforceable, and the operator's insurance policies should be considered when setting the cap.
The law requires website operators to provide certain information including the name of the owner or operator of the website, a business address, an email address and company details, if applicable.
This document is unsuitable for use with websites offering free directory listings.Ask about this document
Paid directory website terms and conditions contents
- Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
- Copyright notice: UCC copyright notice; ownership of rights in website.
- Permission 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; suspension or restriction of access to website.
- Misuse of website: 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: website directory.
- 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.
- Rules about directory submissions: directory submissions positive rules; directory submissions compliance with acceptable use etc; keeping directory submission up to date; no directory submission with unlawful purpose; 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 rights to use your content: 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.
- Rules about your content: 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: trade mark ownership; 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.
- Our details: website operator name; company registration details; place of business; contact information.