One of the types of legal documents governing the legal relationship between developers of software products, including Internet services, and users is a user agreement. And although it deals mainly with issues related to high technology, its design and conclusion takes place in accordance with traditional norms and rules.
The essence of the user agreement
At its core, it is a contract that is concluded between two parties: a provider of online goods and services or a software developer and a consumer of these goods and services or a user of a product. In form, this is a public contract, the design and content of which must comply with the requirements of the Civil Code of the Russian Federation for this type of contract.
Since the object of the contract can be anything - from the online sale of goods, social networking services or access to computer games to PR-promotions and online auctions, all user agreements have their own specifics, taking into account the type of activity. When concluding them, legislation should be taken into account, for example, in the field of protecting the rights of consumers of goods and services, copyright, as well as the law on "Rules for the sale of goods by remote means", etc.
A mandatory clause of any user agreement is to mention the rules of the law on personal data. Since the second party indicates his personal data when registering and concluding a user agreement, their processing should be mentioned in the text of the agreement as an essential condition.
Conclusion of a user agreement
In order to exclude consumer claims in the future, it is necessary to describe the working conditions of your online store or service in as much detail as possible, to provide for all controversial points that may arise. Please note that consumers are more protected than the seller by law, which limits their rights when entering into contracts. An agreement concluded by posting a public offer on the Internet, which contains conditions that exclude or limit the seller's liability for the quality of the offered goods, will be invalidated.
When concluding an agreement, you are obliged to provide the second party with information about the technical and operational characteristics of the goods, its manufacturer and place of manufacture, the full name of the selling company, the cost and conditions of the purchase of the goods, negotiate the conditions for its delivery, indicate the terms of service, shelf life and validity of guarantees. In order for the Agreement to be recognized as valid, upon concluding it, the user must be notified of the procedure for paying for the goods and the period during which the offer to conclude a user agreement remains valid.
