What are online terms for the sale of digital content?
The basics: This document provides a standard set of terms and conditions that should be available on a business’s website where the customer can place a single order for digital content, such as a film, music or computer game, and access this content through downloading from, streaming from, or visiting a website. They can sometimes be referred to as streaming terms or download terms.
Protects the supplier: As the supplier of digital content, you are allowing customers to use content that has been created by you (or your licensors). To protect your rights in that digital content, it is vital that you have clear terms in place that govern how the customers can (and cannot) use the digital content. Unrestricted use of digital content by a customer could have commercial and reputational implications for your business.
How do I make sure customers accept these terms and conditions?
Terms and conditions are not signed by customers, so need to be accepted by them in another way. The online terms for the sale of digital content should be presented to customers clearly when they are making their purchase of the digital content via your website.
It is also crucial that you provide some mechanism for the customer to actively "accept" the terms, e.g. via a tick box or clicking "I Accept" at checkout stage. Otherwise, the customer may argue that they never agreed to the streaming / download terms.
What does this template for online terms for the sale of digital content include?
Key provisions: Docue’s dynamic template online terms for the sale of digital content covers, among other things, the following matters:
- Order process: details of how orders are placed and accepted via the website;
- Licence: a licence to allow the customer to use the digital content;
- Licence restrictions: restrictions on the use of the digital content by the customer, so that the licence is not too wide and unrestricted;
- Consumer protections: if the digital content is being provided to individual consumers, consumer protection laws in the UK require certain protections to be offered to consumers in contracts. These online terms for the sale of digital content include those protections where you select the option that the customers include consumers;
- Supplier’s liability: if you are the supplier, the online terms for the sale of digital content template includes optional clauses to include limitations and exclusions on your liability and potential financial exposure, in the event that there is a claim by a customer under the contract relating to the digital content being provided; and
- Termination rights: a section can be included that sets out the supplier’s right to bring the agreement to an end early.
When should I use Docue’s online terms for the sale of digital content template?
What counts as digital content? Digital content is any content that is supplied to a customer online, usually by downloading or streaming it from a website. It includes video content, podcasts, audiobooks, music and computer games/programs.
When to use: This template set of online terms for the sale of digital content contains both business-to-business and business-to-consumer terms and includes a licence (and restrictions) for the customer to use digital content, when digital content is being purchased online. This document assumes that both the customer and the business are based or (if they are a company) are incorporated in the UK, and that English law applies.
When should I use a different template?
You should not use this document if you sell tangible goods or supply tangible services:
Physical goods: if you are supplying physical goods or products to customers, you should use our template online terms for the sale of goods;
Services that don’t include digital content: if you are supplying services to customers, and the customers are purchasing those services online, you should use our template online terms for the supply of services.
What other documents do I need on my website?
Acceptable use policy: an acceptable use policyis used to specifically govern a website visitor’s use of the function or features of, or information presented on, a website.
Don’t forget about data protection!: If you are making sales online, you will collect personal data about customers via their use of your website and when they place their order. It’s therefore vital that you have certain documents on your website to comply with data protection laws - this includes a website privacy notice and a cookie notice.
How can Docue help your business?
Content made by lawyers: Docue’s template online terms for the sale of digital content allows you to create a top-quality document in minutes. The service includes model clauses designed by lawyers to help you draft the streaming terms yourself and tailor them to your needs. And don’t worry if you get stuck along the way - Docue’s lawyer-drafted guidance notes are there to help you navigate through the process.
Whole contract process: After you have created your bespoke online terms for the supply of digital content, you can store them (and any other documents) in Docue’s secure storage vault.
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