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E-Commerce Sale of Digital Content Terms and Conditions

The E-Commerce Sale of Digital Content Terms and Conditions combine terms of use and terms of sale for both business to consumer and business to business applications. Each set of solicitor drafted, up-to-date templates are tailored for businesses that sell digital content on a subscription basis. The nature of the product ensures these terms are significantly different from other e-commerce terms and conditions in both scope and legal treatment, applying only to digital products available by downloading or streaming, with instant access and licensed use. The full range of website Ts and Cs can be selected from Website Terms and Conditions

How do these Terms of Use and Terms of Sale Work Together?

The digital content website terms of use and terms of sale serve complementary but distinct functions in governing online interactions and e-commerce transactions. The former regulate general access and use of the website, applicable to all visitors and implied as accepted by all visitors. The latter set out the legal agreement between the content provider and customer, and should be expressly agreed by the customer.

The Digital Content Terms of Use (B2C) should be downloaded and applied with the Digital Content Terms of Sale (B2C). These terms of use are suitable for websites offering user accounts, profile creation, and user-submitted content; and access to general features such as non-paid information, blogs, and forums. They can also be used by websites offering free content. These terms of sale apply the sale of digital content via subscriptions and suitable for online training videos or tutorials; digital magazines etc. or research databases, downloadable digital products such as templates, toolkits and software; music, podcasts or audiobooks. The templates include the consumer rights provisions in respect of digital downloads. 

Online sales to consumers need to comply with the Consumer Contracts Regulations 2013. To help navigate complex consumer rights, comply with legal obligations and apply best practice for consumer protection download the E-commerce Distance Selling Guidance Notes. It will assist the selection and editing of terms and conditions to ensure compliance with the Regulations.

Included in the templates listed below are business to business digital content and adult content website terms of use and terms of sale.

What other Templates Work with these Website Terms of Use and Terms of Sale?

Having selected the most suitable set of terms of use and terms of sale for providing digital content additional documents are also required to ensure full compliance. Within the subscription to Business is a selection of Website Privacy Policies. A privacy policy explaining how personal data is collected, stored and used is legally required under UK GDPR and Data Protection laws. In addition a Cookie Policy is required providing users with clear and comprehensive information on which types of cookies are applied and their purpose. The Cookie Policy also includes details relating to consent. All these and much, much more are available within the subscription.

To view all the Digital Content Terms of Use and Terms of Sale please click on the links below:

E-Commerce Sale of Digital Content Terms and Conditions is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.

Frequently Asked Questions

I sell digital downloads or streaming content online. Which terms and conditions do I need? +
You need digital content terms of use and terms of sale, which differ from ordinary goods or services terms. The terms of use govern site access, accounts and user content for all visitors. The terms of sale cover the subscription or purchase, instant access and the licence to use the content rather than own it. Simply-Docs pairs Digital Content Terms of Use with Digital Content Terms of Sale in consumer and business versions, with an adult content option, for downloads, streaming, subscriptions and databases.
Do customers get a 14-day refund on digital downloads? +
Not if you take the right consent first. A consumer normally has 14 days to cancel a distance purchase, but for digital content supplied by download or streaming that right is lost once supply has begun, provided the customer gave express consent to start before the 14 days end and acknowledged they would lose the right to cancel. Capture both at checkout and you can deliver instantly without a later refund for a change of mind. Simply-Docs digital content terms of sale build in this consent and acknowledgement.
How is my digital content protected once a customer downloads it? +
Through a licence, not a sale of the content itself. The terms of sale grant the customer a limited right to access and use the content for personal or agreed purposes, while you keep the intellectual property. That lets you restrict copying, sharing, resale and commercial reuse, and set what happens when a subscription ends. This licensing approach is why digital content terms differ from goods terms. Simply-Docs digital content templates are drafted on this licensed-use basis.
What quality standards apply to the digital content I sell to consumers? +
The Consumer Rights Act 2015 requires digital content to be of satisfactory quality, fit for any purpose you are told about and as described. If it falls short, the consumer can require a repair or replacement, or a price reduction if that fails, and can claim compensation if faulty content damages their device or other content. A fault appearing within six months is presumed to have been there at supply. Your terms cannot exclude these rights for consumers.
I sell digital content on a subscription. What do my terms of sale need to cover? +
A subscription needs terms for recurring access and payment. They should set the billing cycle, how and when a customer can cancel, what happens to access when the subscription ends, price changes and renewal. They should also capture the customer's consent to immediate access, which is how you lawfully start supply before the 14-day cancellation period ends. Simply-Docs digital content terms of sale are drafted for the subscription model used by training, streaming and database sites.

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