15-07-2005, 02:28 AM
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#1 (permalink)
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Registered User
Join Date: May 2005
Location: Sydney
Posts: 144
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So, how did your terms and conditions, and privacy policies come about??
(yeh, and your acceptable use policy if you have one) (and terms of service because you decided to call the T&C your ToS) (and a Web Site Terms and Conditions, which is what webcentral has)
How did your Terms and conditions and your privacy policy come about?? was it
-directly copied it from a host or used a template and didnt edit it at all (yet u am aware half of it doesnt apply to ur business)
or
-directly copied it, but removed bits that didnt apply to me
or
-copied it and changed the wording here and there
or
-copied it, changed most of the wording, but the format is the same
or
-copied it and did a complete rewrite of it
or
-hired a layer or some professional person to do it
i would like to lean towards the latter, but the ones i find are all soooo long!
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15-07-2005, 02:53 AM
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#2 (permalink)
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Registered User
Join Date: Feb 2005
Location: Brisbane
Posts: 269
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I have a bit of a law background - i.e. studied a bit of law at uni so i wrote my own. I don't see that option in the list :P
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15-07-2005, 02:57 AM
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#3 (permalink)
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Registered User
Join Date: May 2005
Location: Sydney
Posts: 144
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that list isnt about WHO does it, its "WHAT has been done"
wow, did you really write it from scratch?
anyone check it through?
i feel like i am never going to finish my one (and i am only editing others' T&Cs)
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15-07-2005, 03:33 AM
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#4 (permalink)
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Registered User
Join Date: Feb 2005
Location: Brisbane
Posts: 269
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Yep. I've had different terms and conditions blah blah from old sites years and years ago (don't even know where I got them from now) so I had a good idea of what I wanted in mine, knew the correct legal 'jargon' and then went from there. I had one of my lawyer buddies have a read over it and give it the a ok.
Basically it doesn't have to have all the legal mumbo jumbo in it to be a valid contract in a court of law if you don’t want to put it in. If you clearly state what can and can't be done, a list of penalties for any such breach etc and want to leave it at that - then that's fine. As long as there is intention to contract (they were presented with the contract or made aware it exists) and consideration (some form of item with monetary value or money itself is transacted) then without going into too much detail, it's a valid contract - and there are certain privileges automatically assumed by the courts on both the offeror (you) and the offeree (your client).
Most larger businesses would rather pay (or have a legal team) to ensure they’ve left no gaps in their contracts, but in the end, if something is implied in the contract, but not specifically spelt out, so long as the implied meaning is what the ‘average’ member of public would see it as, the courts will rule in your favor. If you do spell out every single little thing though, it may save you time and money in not having to go to court over it (assuming it is legal)
Sorry I tend to ramble on a bit at times. Hopefully what I wrote makes sense at this time of night. I'd be happy to go into more detail on anything if you want.
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15-07-2005, 10:20 AM
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#5 (permalink)
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Don't you touch my name
Join Date: Feb 2003
Location: Warrnambool. AU
Posts: 817
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I know a couple of lawyers, and I know they don't write them themselves from scratch either. The source something similar and modify it to suit the person.
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15-07-2005, 01:30 PM
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#6 (permalink)
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Hosting Evangelist
Join Date: Feb 2003
Location: Brisbane
Posts: 1,940
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You need to just get something up there to start then as you get experience you will find things to add or modify as you go
For this reason make sure you put something to the effect that they are subject to change without notice and it is the client's responsibility to check them on a regular basis
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16-07-2005, 02:58 AM
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#7 (permalink)
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Registered User
Join Date: May 2005
Location: Sydney
Posts: 144
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They should make a peice of software to do that, lol
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16-07-2005, 09:20 AM
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#8 (permalink)
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Hosting Evangelist
Join Date: Feb 2003
Location: Brisbane
Posts: 1,940
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You mean to get clients to actually read the TOS and understand they are entering into a contract or to get them to come back and check it lol
It's a pipe dream I know but you can only ask
__________________
Web Hosts Australia rated 4 stars by Netguide Magazine - TWICE !! 2006 & 2008
Linux - CPanel, WHM, Fantastico Deluxe, FREE soholaunch site builder
Windows - PLESK. .NET 2.0, single domain and reseller plans
Hosting Orphans - Transfer to us and get credit for time remaining with your current host
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