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01 overview

Website agreements can be a powerful tool to protect a business. Before you decide if you need legal advice, read our full guide on how businesses might benefit and when a Lawhive solicitor can help.

6 Key Terms in a Website Agreement

Website agreements are contracts between a website and its users that specify the terms and conditions of use. You might also know them as terms of use, terms of service, website privacy policies or user agreements. When it comes to web agreements, there are a handful of key terms that commonly appear:

  • Ownership and Licensing: These clauses should cover your intellectual property rights and website content ownership asserting your rights over your intellectual property including photos, words, music and graphics and when they can be reused, if at all.
  • User Conduct: This typically details the rules governing user behaviour on the website stating what they are and aren’t allowed to do on your website (such as restrictions on harmful or illegal activities). If you allow user-generated content, you might include terms on what users can upload to your website.
  • Disclaimers and Limitation of Liability: Disclaimer warranties are crucial to limit website owner's liability for errors, data loss or other issues users may encounter. This can protect businesses against users claiming that a website infected their device with malware, or users attempting to claim damages for a service disruption when they use your website for commerce.
  • Privacy and Data Protection: Most websites have separate privacy policies. Compliance with data protection laws like GDPR is essential, and privacy policies can be integrated into a website agreement to ensure that every user that uses your website agrees to your policy on data collection and storage.
  • Termination: Agreements can include clauses about the terms under which the website owner can suspend or terminate user accounts or access. You may wish to include a term that outlines that you have the right to terminate use accounts at any time at your discretion without notice.
  • Jurisdiction: A jurisdiction clause explains the applicable laws that govern a website agreement and the court system that will used to oversee any potential disputes

Legal advice or support can help you to draft crystal clear agreements that minimise customer disputes and give users clarity on how to use the site. And in general, web agreements provide several key legal benefits:

A well-drafted website agreement reduces the risk of disputes and ensures compliance with legal obligations. This is why it's important to include clauses that limit a business’s liability. Businesses can include the dispute resolution methods that website users must use, in a liability clause, when they are in a dispute with the business.

Clarity for Users

Setting clear rules for users helps to manage expectations and reduce the likelihood of conflicts. This can be achieved through acceptable use policies. These typically list prohibited uses of a website, such as data harvesting, harassing others and using a website for personal gain. By setting clear usage terms, users are less likely to use your website in a way you don’t allow.

Protection of Intellectual Property

Your website is your intellectual property, if you don’t protect it there’s a chance it can be misused. Website agreements through intellectual property clauses protect the owner’s intellectual property, including design, content, and trademarks.

When using website developers to build websites, businesses need to be mindful about who owns the content after the website goes live. IP assignment agreements are used to transfer the ownership of a website or app to the buyer from the designer when the design is complete. Contracts with web developers can also specify who owns the intellectual property rights of a website, and what happens in a dispute, or when the agreement is terminated. 

Costs and Fees Involved

There are several costs and fees involved in website agreements. Typically, a solicitor won't charge above and beyond for this type of service.

Businesses will need to pay solicitor fees to have a legal professional draft or review a website agreement, including any customisation required for specific business models. The cost for a licensed solicitor to help with a website agreement is dependent on many factors including the complexity and specific requirements of the case. On average, it is expected to range from £100-£150 but in some cases, it could cost as much as £200.

Ongoing Compliance

As with any legal agreement, periodic reviews and updates are required to website agreements to ensure they stay compliant with changing regulations, such as new privacy laws. GDPR changes to data privacy laws caused many businesses to panic about the changes they needed to make to their data collection policies and how website agreements and privacy policies outlined their practices.

Can I Use a Generic Website Agreement Template?

It is possible to use a generic website agreement for your website. However, in most instances, it should be customised to your business’s needs. If you do use a template, ensure it is from a licensed creator of templated agreements and be sure not to take another website’s agreement and use it on your website without permission. A specialist solicitor can review a template that you have attempted to tailor for your website to ensure it covers your liabilities and is legally binding.

What Happens if My Website Doesn’t Have an Agreement?

A website that doesn’t have a website agreement, or other specific policies such as cookie policies and privacy policies, could face legal consequences. Website agreements are not a legal requirement, however, they offer protection if a customer decides to sue you for damages, uses your website in a way that you don’t allow, or misuses your intellectual property. 

Should I Update My Website Agreement As My Business Grows?

Changes to website agreements may be required in the following circumstances:

  • During technology developments
  • When there are changes to the law
  • When your business introduces new products or services or makes changes to them

How Does a Website Agreement Differ From Terms of Use?

Website agreement is often used synonymously with terms of use. Website agreement can also be used to describe a contract between a website developer and a business owner outlining the terms and conditions of their agreement, and who has ownership rights to the finished website.

Why Choose Lawhive for Website Agreements?

We strive to connect you with experienced, expert solicitors that make your life easier. When it comes to website agreements, our team of legal professionals have a lot to offer.

  • Expertise in Digital Law: Our team have extensive experience in drafting website agreements for a wide range of digital businesses, ensuring compliance with UK law.
  • Customised Solutions: Our solicitors tailor website agreements to fit the specific needs of the business, from e-commerce to content generation platforms.
  • Technology and Legal Expertise: Our efficient process combines legal expertise and technology to deliver agreements faster and at lower costs than traditional law firms.
  • Client-focused Approach: We’re committed to understanding businesses’ needs and providing legal solutions that offer peace of mind for website owners.

Having a website agreement offers many benefits including legal protections for website owners and users. Website owners can get website agreement legal advice from Lawhive to draft or review their website agreement, if you’re a small business owner launching a new website or you’re making changes to your business, our solicitors can ensure compliance and reduce the risk of legal disputes.

Get in touch with us today to book your free case assessment and discuss your requirements with our team.

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