Web Design: Reviewing Terms and Conditions
A local business support agency asked me to supply “legal advice on intellectual property issues” to one of its clients. I called the client and found out that it was a gentleman carrying on business as a web design, web hosting and marketing consultancy business on his own account. I asked him what he required and he replied that he wanted me to review and revise his terms and conditions of business and privacy statement and to suggest ways in which he could protect his brand.
I found that he had a single set of terms and conditions for website access and the supply of services. The link to those terms and conditions was tucked away at the bottom of the home page. Those terms did not address all the potential risks to his business. He also had a privacy policy which I understood to have been drafted by a solicitor. That was very much better.
In a lengthy written advice, I advised him on:
- his obligations under the Electronic Commerce (EC Directive) Regulations 2002,
the Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) Regulations 2003;
- my review of his existing terms and conditions;
- my proposals to improve and strengthen those terms and conditions; and
- the steps he should take to protect his brand.
In the schedule I listed the patent and trade mark attorneys practising in his area who could assist him to register a trade mark and some terms and conditions for the supply of web design and other services.
When I last visited his site he seemed to be doing well.
