Posts Tagged ‘harrogate’

ecommerce website terms and conditions - are you savvy?

Thursday, June 4th, 2009

When we sit down with a client looking to take their first step on line, I’m often asked about website terms and conditions. In an effort to provide our blog readers with everything they might need to know, here is a rather good digest of the necessaries, provided by a trusted specialist Jane Lambert:

Every website requires at least two sets of terms -

(1) website access terms; and
(2) a privacy statement.

If goods or services are to be acquired or supplied on-line the client will also require terms and conditions of procurement or supply. If access to certain parts of the site is restricted to registered users, the client will also need registration terms. I refer to these collectively as “e-commerce terms”.

Website Access Terms
A website is essentially a computer program that generates sounds and images on to a user’s screen when processed by the user’s browser. Like all programs the source code for a website is a literary work pursuant to s. 3 (1) (b) of the Copyright, Designs and Patents Act 1988. So long as it has not been copied slavishly from an antecedent website copyright subsists in the code pursuant to s.1 (1) (a). In order to process the code, a browser has to reproduce it and reproduction of a copyright work is unlawful without the licence of the copyright owner. The owner can impose conditions for such licence and these conditions are my website access terms.

For a typical website I usually draft the following the following provisions:

(1) Licence Clause This usually goes something like:
“(1) Access to this website requires the reproduction of copyright material which can be done lawfully only with the licence of ABC Ltd. a private company incorporated with limited liability in England and Wales under the provisions of the Companies Acts 1985 – 2006 having its registered office at Wuthering Heights, Haworth, West Yorkshire BD99 0AZ (”ABC”).
(2) ABC grants such licence only on the following terms.
(3) If you do not accept these terms you may not visit this site and must leave immediately”.
(2) Acknowledgement: Visitors are asked to acknowledge such things as
• the site is only an information resource and does not contain professional advice;
• any and all intellectual property belongs to the site owner; and
• they are subject to the jurisdiction of the English courts.
(3) Intellectual Property: Visitors are required to promise not to download copy or make use of that material otherwise than for their personal and private use without the owner’s prior written consent.

(4) Disclaimers: I usually disclaim liability for consequential damages and economic loss and third parties’ acts or omissions.

(5) Variations: I reserve the right to amend these terms upon reasonable notice.

(6) Severance: Should any of these terms be void or unenforceable they are deemed to have never formed part of this agreement but the remaining terms continue to have full force and effect.

(7) Forbearance: Forbearance in enforcing a term on one occasion shall not affect the right to enforce it in future.

(8) Choice of Law: Disputes and differences are to be determined in accordance with English law.

Privacy Statement
Collection and use of personal data are regulated in the UK by the Data Protection Act 1998 and similar legislation in many other countries. Such legislation is broadly consistent with Guidelines on Transborder Data Flow that have been adopted by the Organization for Economic Co-operation and Development. To facilitate compliance with those guidelines the OECD has developed a very useful Privacy Statement Generator.

A privacy statement covers such things as:
• who owns and controls the website
• the purpose of the website
• the data that are to be collected
• the use to which such data will be put
• whether cookies are to be collected
• whether it is necessary to register as a user, and
• whether the data holder has notified his use of personal data under the Data Protection Act 1998.
There should also be a statement that the privacy statement is to be read with the website access terms.

E-Commerce Terms
Unless the site owner is prepared to litigate anywhere in the world (including especially the USA) and has sufficient insurance or other resources in place to do so, there should be a clear statement that the owner will do business through the site only with residents of the UK. In International Shoe Co v Washington 326 US 310 the US Supreme Court established the principle that he who enjoys the protection of a state in order to carry on business there has to accept the burdens of being present in that state such as accepting the jurisdiction of its courts. What constitutes presence has been discussed in many subsequent cases but a distinction appears to have been drawn between “active” websites which solicit and transact business within a state and “passive” sites which merely supply information. If a site owner does intend to do business outside the UK he or she is urged to have separate sites for each country and to take comprehensive legal advice from a lawyer practising in the jurisdiction concerned before doing so.

It is important to remember what terms and conditions can and cannot do. They cannot be used to disclaim or exclude all liability. The Unfair Contract Terms Act 1977 disallows the exclusion or limitation of liability for death or personal injury by means of a disclaimer or contract term and permits such the exclusion or limitation of liability for other kinds of loss only in so far as the term meets the requirements of reasonableness. I often liken exclusion clauses to the keep of a medieval castle. Best practice is the curtain wall or moat which keeps most intruders away. Insurance provides the second defence for the occasional slip up or bad luck. And terms and conditions manage risks that cannot be insured against.

Because terms and conditions have to mesh with best practice and the available insurance cover which differ from industry to industry and client to client it would be unhelpful to offer here an all purposes precedent. Each set of terms has to be crafted individually for the client and that takes me time and costs the client some money - but it is nearly always money well spent. All that I will say is that my terms make clear:
• when a contract is made and on what terms
• when it is performed
• when payment is due
• the precise consequences of non-payment
• the terms upon which a contract can be terminated
• the precise consequences of termination
• how notice is to be served and notification given
• how disputes are to be resolved, and
• which law is to apply.
In addition to the Unfair Terms in Consumer Contracts Regulations 1999, The Consumer Protection from Unfair Trading Regulations 2008 and other consumer protection legislation websites have to take account of The Consumer Protection (Distance Selling) Regulations 2000 (as amended) which are known as “the distance selling regulations” and The Electronic (EC Directive) Regulations 2002 or “e-commerce regulations”. The distance selling regulations require suppliers to provide customers with their terms and conditions in writing, written confirmation of their orders, full information on cancellation and complaints and delivery of the goods within 30 days. The e-commerce regulations require the supplier’s name, address and contact details, his or her VAT number, professional body and other information to appear on the website.

How much does a set of website terms and conditions cost?
We advise our clients that his task requires a lot of thought and work. Effective terms and conditions cannot be cobbled together from a precedent book. We advise a budget of around £1,000 for all the sets of terms and conditions that the average client needs.

Choose Intune Media for your ecommerce website. We will make sure that you are expertly guided through the full ecommerce project lifecycle and if you should need further business development advice, we have trusted partners at hand to provide additional services and support, all under the intune umbrella. Contact us with your requirements.

new intune media site launched

Tuesday, May 12th, 2009

We’ve just launched the new site, hope you like it. We plan to put in lots of hard work over the next few months to add to the blog, including articles on web development, marketing, web design, social media and maybe even one or 2 exciting new site launches.

Our strategy is to build intune into a fast-growing multi-platform full service agency by seeking out new developing markets and creating new business models based on eye-catching design, high quality content and cutting edge development.

Like what you see? Interested in a strategic relationship with intune, feel free to contact us and we’d be happy to discuss your proposals.

new harrogate nursery business website launched www.funcareltd.co.uk

Saturday, February 21st, 2009

Intune Media are pleased to announce we’ve made another harrogate based business happy with the launch of their new website.

We’ve really enjoyed working with Ian and Josy on their new website and can thorough recommend funcare nurseries for anyone looking for child day care in harrogate. Check out their website at www.funcareltd.co.uk

Choosing the right childcare for your children can be a difficult choice for first time parents and as local working parents of 4 children ourselves, we know how hard it can be to juggle work and family life. Our Funcare aim is to make the initial choice easy for you and then keep your lives uncomplicated by being open, approachable and flexible in everything we do.

Josy & Ian Thompson

If you are a day care centre or nursery, get in touch with intune media to see how we can help you improve your online profile and generate more enquiries to your business. We’d love to hear from you.

new luxury ethical cashmere ecommerce website launched

Wednesday, December 17th, 2008

Intune Media are pleased to showcase our latest website www.cocoonu.com

We recommend a visit to this unique website for purchase of the finest ethical cashmere from outer mongolia for your loved ones. CocoonU source from nomadic herders who inhabit the Steppes of Outer Mongolia - a far cry from mass produced items from China. The love affair starts with the first touch.

Special

Like all luxury goods, public and industry perceptions often assume that all is equal and that the best is the best. Cashmere is cashmere surely? Well only in the same way that wine is wine!

To ensure that your cashmere items are the absolute finest, there can only be one source - Outer Mongolia and CocoonU in particular.

CocoonU combines classic design with only the best raw materials and an ethical trading model. All of our products are made from 100% pure cashmere from Outer Mongolia. The severe winters in Outer Mongolia results in Cashmere fibres that are thinner and longer than that from other sources with fewer indents along the length of the fibre - this makes for super soft yet resilient yarns and the unmistakable ‘soapy’ feel. Cheaper cashmere often feels very soft due to the numerous machanical processes it has been through but it will not have the lifespan of finest cashmere such as ours.

The Cashmere goats which supply the raw material for CocoonU products are raised organically using centuries old nomadic herding methods and are combed rather than shorn. We don’t mix inferior hair and yarn with our cashmere and refuse to compromise on quality.

Story

“Having spent most of my life working abroad and travelling I experienced a wealth of cultures, beliefs and personalities. My experiences made me realise that to buy the best product once and gain a lifetime of use was an ethical and valuable approach to life.

The source of these products gives us all something to think about - the self-reliant and family oriented way of life of nomadic herders leaves a light footprint on the planet whilst supplying outstanding raw materials for your cashmere.

Our human resources policies are exceptional and rival the HR systems used in Western Europe. Our staff are paid more than the minimum wage, have the right to join a union, go on strike, and enjoy freedoms unheard of across the border in China - where most cashmere is currently sourced. Even cashmere ‘Made in Scotland’ is often manufactured using yarn from China.

In bringing this luxurious yet eco-friendly range to you I hope that in the coming years you will find that you can’t go wrong with a CocoonU purchase.” Vanessa Streeton, CocoonU Founder

Bespoke

Not only do CocoonU produce our own range of finest quality cashmere, but we can produce bespoke items for fashion labels, corporate clients and even individuals.

We can incorporate subtle design cues from your existing products and brands, even including basic images within the pattern. We use knits with high quality yarn in any colour and combinations of gauges for products ranging from scarves, shawls, socks, gloves, pullovers, travel sets, cardigans, jackets and blankets.

Whatever products you wish to give as a corportate gift, CocoonU can make them from an eco-friendly and ethically sourced exceptional material. To date we have been working closely with global luxury brands in sectors as diverse as yachting, fashion, professional sport, interiors, motoring and executive aviation.

For more information contact vanessa - enquiries@cocoonu.com or visit www.cocoonu.com to shop online

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looking for a web design company in Harrogate, Yorkshire?

Friday, October 10th, 2008

The Internet has profoundly transformed the way people learn about and shop for products. Ten years ago, companies reached their customers through trade shows, print advertising, and other traditional marketing methods. Today, buyers start their purchasing experience by looking on the Internet, in search engines, the blogosphere and social media sites. In order to remain competitive, businesses’ websites need to be found online by the people already searching for the products and services that you sell.

http://www.hubspot.com

Intune media strive to deliver a comprehensive and exceptional service – one based on senior management contact with clients, attention to detail, commitment, imagination, flair and dedication.

We have a depth of expertise and a breadth of experience few can match, providing the type of specialist advice and guidance only a smaller, niche organisation like us can offer.

We pride ourselves on being able to work with others and consider ourselves as a specialist extension of a wider professional team.

Intune media are eager and willing to provide you with a detailed website specification and very competitive cost estimate for any website design and development projects you may have.

If you need help and advice with raising your company’s presence online, please feel free to contact us - why not send us (in full confidence) your needs and we’ll get back to you within 24 hours.

We’ll try our very best to give you the most competitive quote based on your requirements, which we can even help you formulate.

Rest assured our cost estimates are complete, professional, transparent and accurate - and then we’ll deliver the service we promise - contact us at jessica@intune-media.co.uk or check out www.intune-media.co.uk for further details.


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