Create Terms and Conditions of Use

Terms and Conditions ("Terms") are a set of legal terms defined by the owner of a website. They set out the terms and conditions governing the activities of site visitors on said website and the relationship between site visitors and the site owner.

Terms should be defined according to the specific needs and nature of each website. For example, a website offering products to customers as part of e-commerce operations requires different terms from a website's terms that only provide information.

The terms are an agreement between the owner of the site and the users of the site; they detail the policies and procedures carried out by the website. In many ways, the terms provide the website owner with the ability to protect against potential legal exposure.

In addition, there are legal obligations to inform website users of its activities, and in many cases the conditions are the place to do so.

It is therefore very important and strongly recommended that websites have clear and complete terms adapted and corresponding to the website in question and its activities.

Important:

The explanations and information provided here are only general explanations, information and samples. You should not rely on this article as legal advice or as a recommendation on what you should actually do. We recommend that you consult a legal advisor to help you understand and assist you in creating your terms.

What should be in your terms of use?

Here is a list of the problems generally covered in terms relating to websites. Of course, some issues may not be relevant to your website (for example, refund policies are irrelevant for a website that is not selling anything) and some requirements for your website may not be mentioned here- below. What follows is only a limited overview and illustration of the main issues typically addressed in website terms.

Website owner, offer and link terms

As in any agreement, the Terms should clearly state the owner of the website, what the website offers and that the Terms are an agreement binding on the users of the website. If the website is operated by a legal entity, it is important to indicate the full and precise name of this entity (and not the trade name used for the commercial activity). It is also important to define what is offered on the website and to indicate that the Conditions constitute a legal agreement controlling the use of the site by visitors and users of the services.

Example:
This website is owned by [name of your website operator]. These Terms of Service set out the terms and conditions under which you can use our website and the services we offer. This site provides visitors with [description of what is offered on your website]. By accessing or using the website of our service, you confirm that you accept what you have read, understood and agree to be bound by these conditions.

What can your website use; what are the requirements to create an account?

You must define who is entitled and who is authorized to use the website and the services, and if so, what are the requirements for opening an account.

Example:
To use our website and / or receive our services, you must be at least [add number] years or the legal age of majority in your jurisdiction, and have the legal authority, right and freedom to enter. in these Terms as a binding agreement. You are not authorized to use this website and / or receive services if this is prohibited in your country or under any law or regulation applicable to you.

Main commercial conditions offered to customers

If the website includes the sale of products and / or services, the Terms must include the main commercial terms for the purchase or licensing of those services. For example, if the website offers subscriptions to a product or service, the terms should set out the terms of such license, the fees payable and the terms for renewing the subscription. If the website offers products or physical goods, the terms should define the general conditions of supply (such as shipping, returns and product guarantees).

Example:
When you purchase an item you agree that: (i) you are responsible for reading the complete list of items before you commit to purchase it: (ii) you are entering into a legally binding contract to purchase an item when you agree to purchase an item and complete the check payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for displayed products at any time, and to correct pricing errors that may inadvertently occur. Additional pricing and sales tax information is available on the payments page.

Charges for the Services and any other charges you may incur in connection with your use of the Service, such as taxes and any transaction fees, will be billed on a monthly basis to your payment method.

Item Return & Refund Policy

Online businesses that sell products must present their return policy and refund policy. This is important in order to comply with consumer protection regulations. It avoids complaints from customers who are not satisfied with the products they buy. Please note that many sites dealing with the sale of physical goods establish a refund policy as a separate document. This normally includes more instructions and information on return and refund procedures.

Example:
For any undamaged product, simply return it with its accessories and packaging along with the original receipt (or gift voucher) within 14 days of receipt of the product. We will exchange it or offer you a refund based on the original payment method. In addition, please note the following: (i) Products may be returned only to the country where they were originally purchased; and (ii) the following products are not eligible for return: [list of items].

Retention of the right to modify the offer

It is important to be able to modify the offer on and / or via the website without being exposed to complaints from users of the site. Accordingly, the terms should include wording allowing the website owner to freely modify the services and products offered on the website.

Example:
We may change the Services without notice; to stop providing the services or features of the services we offer; or create limits for services. We may permanently or temporarily terminate or suspend access to the Services without notice or liability for any reason, or for any reason.

Guarantees and liability for services and articles

Websites offering services or selling articles usually define their responsibility for the services or articles they offer. These responsibilities generally include warranties given by the website operator and must comply with local consumer protection laws. We recommend that you verify these obligations with a professional.

Example:
When we receive a valid warranty claim for a product purchased from us, we will repair the defect in question or replace the item. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon prompt return of the item. We will pay for shipping the repaired or replaced products to the customer and the customer will be responsible for returning the item to us.

Ownership of intellectual property, copyright and logos

In order to protect the rights of the website owner in its content, materials and articles, it is important to include wording that retains all rights and emphasizes that visitors and customers of the site do not enjoy such rights.

Example:
The Service and all material transferred to it, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights , photographs, audio, videos, music and all intellectual property rights, are the exclusive property of [Name of site owner]. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under these Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display , publicly perform, publish, adapt, modify or create derivative works thereof.

Right to suspend or cancel a user account

The websites must be able to avoid any misuse of the website by users and / or avoid any exposure resulting from illegal activity carried out on the website (or by using a service or product offered by the website). website). Therefore, websites offering subscription services or online services (such as SAAS) generally retain the ability to suspend or cancel a user's or customer's ability to use the website or services. services.

Example:
We may terminate or permanently or temporarily suspend your access to the Service without notice or liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulation. You can stop using and request to cancel your account and / or all services at any time. Notwithstanding any provision to the contrary of the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will only be canceled upon expiration of the respective period for which you have already made payment.

Compensation

Websites must have the capacity to claim compensation from users and customers who cause damage to the website or its owners. The obligation to indemnify is generally dealt with in the Conditions. Compensation obligations should be adjusted and adapted to the potential exposure of each website according to its specific activities.

Example:
You agree to indemnify and hold [site owner] harmless from any demand, loss, liability, claims or expenses (including attorney's fees) made against them by any third party as a result of or arising out of, or relationship with your use of the website or any of the services offered on the website.

Limitation of liability

It is important to limit the potential liability that the website owner might incur as a result of his business activities. These limitations must comply with applicable local laws (which may limit the ability to reduce liability).

Example:
To the fullest extent permitted by applicable law, [site owner] will in no way be liable for indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profit, goodwill , use, data or other intangible loss, resulting from or related to the use or inability to use the service.

To the maximum extent permitted by applicable law, [the website owner] assumes no responsibility or liability for (i) any errors, errors or inaccuracies in the content; (ii) bodily injury or property damage of any kind resulting from your access or use of our service; and (iii) any unauthorized access or use of our secure servers and / or any personal information stored there.

Right to change and modify the terms and conditions

In order to be able to modify your Conditions without having to obtain the consent and approval of the Users, we recommend that you retain the possibility of modifying or modifying the Conditions on the owner's website.

Example:
We reserve the right to change these terms from time to time at our sole discretion. Therefore, you should check these pages periodically. When we change the Terms in a material way, we will notify you that material changes have been made to the Terms. Your continued use of the website or our service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or a future version of the Terms, do not use or access (or continue to access) the website or service.

Promotional emails and content

Many countries require that you receive consent from your users before sending them promotional messages. The form of such consent and the legal requirements vary from country to country and we therefore recommend that you seek legal assistance in this regard.

Example:
You agree to receive from time to time promotional messages and material from us, by post, email or any other contact form you provide to us (including your phone number for calls or text messages). If you do not wish to receive such promotional materials or notifications, please let us know at any time.

Preference of the law and conflict resolution

It is important to define the laws and regulations under which the website and the business activities operate. It is common practice to define the location of the competent courts in the event of a dispute between the owner of the site and a customer or user. Some terms include provisions for the application of arbitration proceedings as a single dispute settlement mechanism. It is also possible to waive certain legal proceedings (such as a jury trial or class actions).

Example:
These Terms, the rights and remedies provided below, and all claims and disputes relating to these and / or the Services, shall be governed, interpreted and enforced in all respects exclusively and exclusively in accordance with the internal substantive laws of [Name country / state], regardless of its conflict of law principles. All such claims and disputes must be brought, and you hereby consent to their being decided exclusively by a competent court located at [name of city of courts]. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Customer support details and contact information

The terms are intended to have contact information enabling users and customers to receive customer support services and correspond with the website and its operators.

Recommended arrangements for websites with user communities

Wix offers its users the ability to create communities for the users of their websites, in order to interact with these users in a better way.

If your website includes a community of users, we recommend that the website terms of use specify that all users who join a community have a public profile visible to visitors and that their public activity (such as their posts or comments) will be visible to other site visitors.

It is important to explain that a user of the website can always opt out and leave the community, by doing so, that user's profile will not be publicly visible. Naturally, in such a case, the user will not be able to use the features of the community (for example, like, comment or write posts).

Note :

We recommend that you indicate the effective date of the conditions and update them whenever there is a material change.