This terms and conditions template is designed for websites that provide a marketplace allowing customers and service providers to come together and to enter into contracts. The customers may be consumers and/or businesses.
Special clauses in the document deal with user-supplied and user-generated content. These clauses include an express licence benefiting the website operator and a set of warranties to give the operator comfort that the content will not create liabilities. Additional clauses deal with legal issues arising out of the publication of reviews of service providers, although these can easily be removed if the website in question does not include reviews.
Although the website operator is not a party to the contract between the service provider and the customer, the document does include specific provisions designed to regulate that relationship. These provisions include a distance contracts clause, setting out customers rights to cancel within the cooling off period defined by law.
As well as provisions dealing with the relationships between the website operator, service providers and customers, the document also contains provisions relating to website users who do not fall into any of these categories.
The document makes few assumptions about the nature of the services to be provided. It will not however be sufficient in all cases - particularly those cases where special legal rules apply to the services (eg financial services).