[michelle]

I have to write a TOS and a Privacy Policy for a site that I'm working on. I have no clue where to start.

Is this something that I should have a lawyer do, or can I find a template of sorts online?

[smallbeer]

Privacy Policy Generator - http://www2.oecd.org/pwv3/

It's provided by the OECD in cohoots with 29 countries and sponsored by the likes of M$ and other big corps.

[michelle]

Thank you very much!

Now I just have to get those damn terms of service.

[Mr Fred]

nice one sb,
put it away,

[strawbleu]

One small point - if it is your site, that's cool; if not then I'd strongly suggest you tell the client to 'seek legal advice' - you're not trained, experienced or insured sufficiently to offer this sort of support and it would be dangerous for you to do so.

[Stickman]

Boooo! Live life in the fast lane.

Not everyone wants to pay lawyers to write their letters, terms, contracts etc etc and if your client is still keen for you to do it after you've advised them to get legal advice then go for it.

Depending on size of the client and the services they’re offering, it doesn't have to be difficult - or dangerous - to write your own.

Use templates, look at what similar sites have etc - collect it all together and make something from that. Check it with someone qualified if you're worried.
And in your contract, any liability for the documents provided you sign off to the client. Done.

[tomson]

well said stickboy

[strawbleu]

Before I start - this feedback is trying to ensure that a rounded discussion occurs; not simply to poo-poo other's comments.

What point is there in offering legal advice if you're then going to disclaim it all?

If you offer this advice and whichthen proves to be flawed and costs your client money, then I'd expect to see them in court. And I somehow doubt any professional indemnity insurance you may or may not have will cover you for this... is the couple of hundred quid they paid you for the advice worth it?

Living life on the edge is fine - but only if you have no regard for the modern ways of business; lawsuits aren't restricted to people tripping on pavements or those involved in a motor accident.

One other point; if a solicitor started offering web design consultation we'd be peeved. If you're going to claim to offer a professional service then just maybe you should consider being as described? Do you also offer to help your clients with their accounting and investments? The bottom line is - if your client wants something legally binding and in sympathy with their business then that's what solicitors are for.

[Stickman]

I already said 'after you've advised them to get legal advice', 'depending on size of the client', 'check it with someone qualified if you're worried' etc...

Originally Posted by strawbleu

What point is there in offering legal advice if you're then going to disclaim it all?

You don't disclaim it, you offer it on the condition that the client is responsible for its use - successful or otherwise. They don't want it, they don't take it.

Originally Posted by strawbleu

If you offer this advice and whichthen proves to be flawed and costs your client money

Why would it?

Originally Posted by strawbleu

One other point; if a solicitor started offering web design consultation we'd be peeved.

I bet loads do - armed with frontpage. But I don't think writing the terms of use for a website you plan, design and develop is straying that far from your own area.


I wasn't saying don't use lawyers, I was saying you don't need lawyers to write a legally binding document. It's not rocket science.
Take a contract, for example - create a document that outlines the agreements you're making and any details they entail. Read it, sign it, date it.

I've written legally binding documents.
Suppose I'd better get myself a nice suit. See you in court.

[Mr Fred]

go stick, they dont like it up em pike!

[michelle]

It's for my own site. I'm just going to go to the legal library and get some resources and write it up on my own I think. I don't want to pay someone to do it for me.

[Stickman]

You go girlfriend.

[strawbleu]

Michelle - for your own site, I would agree that's maybe the best way to go. If your site starts making 'serious' money and it's not a standard proposition of sale, I would consider using a specialist in Internet law to review your situation.

I agree in some respects with Stickman's comments and I'm not saying 'don't give your clients examples' - but there is only a subtle difference between this and offering legal advice. If you don't have contractual evidence that you only supplied legal-orientated material as an example (and this goes for any 'advice' that refers to legislation) then you will be leaving yourself open to litigation down the line.

We are a young industry struggling to be seen as professional - in order to achieve this status we are going to have to work a lot harder to draw the line between what we should offer and where we should hand over to other specialists.

Thoughts?

[Mr Fred]

at the moment, mostly foxes.

[michelle]

I agree with your thoughts about professionalism.

I am making a strong effort to make myself and my company look trustworthy and professional to potential clients. At the moment, I may be overdoing it, but I think that in the end it'll be beneficial.

Thanks for all of the comments everyone.

[seen.to]

TOSSA: (pronounced tosser) Terms of Service, Standard Agreement

Whilst every endeavour is made to ensure total accuracy, security and continued functionality of this Web site no warranty is made or implied as to the content, accuracy of information, security or functionality of this Web site. You use this Web site at your own risk and by doing so you accept the terms of this agreement and agree to indemnify the owner, creator, host and any other persons connected with this Web site against any claim which you might otherwise have sought.

The contents of this Web site are protected under the Digital Millenium Copyright Act (DMCA) of 1997, the Electronic Communications Act of 2000 and the Copyright, Designs and Patents act of 1988. By entering this Web site you agree to abide by the rules of the aforementioned copyright acts and you hereby waive all rights of defence if you should be found to have breached these acts in any way by copying anything within this Web site without the prior written consent of the copyright holder.

++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++++++++++++++

TOSSA-ARSE
Terms of Service Standard Agreement - Agreement Regarding SEen.to

If you use the above TOSSA then you agree to waive all claims against Seen.to whatsoever and you accept the fact that Seen.to wrote the above TOSSA at 4am after drinking 2 pints of Rum and Coke.

[eightpoint]

find a similar site, and do a search & replace on their name, it's what every bugga else seems to do