ONLINE TERMS PACKAGE

Start the process by clicking the button below. We will send you a welcome pack and specifically:

• we will send you a list of discussion topics to consider and arrange a consultation with you;
• once you’ve had an opportunity to consider the discussion topics set out in the welcome pack, we will consult with you (in person / over Skype / by phone). As part of our commitment to our goal of removing all obstacles to engaging with clients, this consultation will be free of charge. The more prepared you are for the consultation, the more value you’ll get out of it – we will answer any questions that you may have during the consultation regarding your online terms and the costs related to finalising them;
• if you choose to engage with us, we will prepare a framework document which summarises the key features of your online terms – this is intended to be quick to understand, so that we are all on the same page before we start the drafting; and
• we then create your online terms which, based on the process described above, will be highly relevant and accurate.

We will start our engagement with you by providing you with a list of topics for discussion – this will prepare you for our consultation, and help to make it as valuable and efficient as possible. The topics of discussion will generally include:

• Commercial terms: the most important thing to be clear about before preparing your commercial terms is what exactly you’re selling and how are your customers going to pay for it? Is it a once off product or service you’re selling? Or rather a subscription model?
  • Are there any unique sale terms that would apply to your products or services?
  • What payment methods will you offer?
  • Will customers be required to create an account or profile with you before being able to purchase products or services?
  • What associated costs will the customer have to cover, e.g. delivery costs, taxes, etc.?
  • When does the customer take on the risk of the products or services?
  • Do you have any responsibility for the products or services, such as warranties?
  • Any disclosures that are required to be made in terms of the Electronic Communications and Transactions Act, 2002.
• Privacy terms: the point of privacy terms is to create your rights to collect (e.g. through cookies) and use certain information about the users for specific purposes. You can also choose to explain to your users their rights regarding the information you collect, how you store it and the purposes for which you use it. All users of your website automatically accept your privacy terms by continuing to use your website.
  • Note that if you are going to be collecting any personal information about users you will need to comply with the Protection of Personal Information Act.
• Browser terms: remember that at this stage the website user will just be a “passing surfer” so you won’t have any relationship with them yet. They do, however, automatically accept your browser terms by continuing to use your website.
  • The most important things to cover in a basic set of browser terms are that users know that you don’t owe them any responsibilities, that they should respect your website and intellectual property (IP), and that they don’t get any rights to any of your services or products yet.
  • You could go into more detail regarding the fact that you own your intellectual property (IP) and that the user only has a right to view it on your website, setting out the “do’s” and “don’ts” in relation to using your website and importantly, limiting your potential liability to users.

One of our primary goals as a firm is to remove all obstacles to engaging with our clients. Our continued commitment to this goal is demonstrated by our offer of an initial free consultation. If you choose to engage with us after our consultation:

• our initial fee for the preparation of the framework document will be as agreed between us during the consultation; and
• the consultation and framework document will put us in a position to give you an exact fee quote for creating your online terms. You will have no obligation to accept that fee quote or proceed with our firm.

Once your online terms have been finalised and uploaded to your website, you’re ready to go and conquer the world! Given that your customers will need to accept your online terms to engage with you, they don’t ordinarily require much negotiation. We will, however, be on hand to assist with any specific queries you may have or you may receive from your customers. We are also available to help you evolve these online terms over time.