The structure of public offer

Creating a website/platform/mobile app, most founders understand what activities and work with the users is necessary to regulate and it requires a certain document. However, it is not always clear what such a document should be discussed.

What should be in the public offer?

Conventionally, we highlight the nine sections but, in practice, depending on the website/platform/mobile app, these sections can expand, change. For convenience, a single section can turn into four.

1. Preamble or General provisions

First you need to specify:

• this document is a public offer, a public deed of adherence;
• who is the addresser of the public offering;
• who is invited to conclude such an agreement;
• the procedure for the adoption of the Treaty (at least briefly);
• area;
• references to normative acts regulating the legal relations.

2. Definition

It is not always necessary to enter a section with definitions. There are contracts which are exceptionally well-known and straightforward concepts, but this happens infrequently. Usually the activity has a certain specificity and to understand the contract you have to reveal a number of concepts that are unfamiliar or can be interpreted in two ways.

3. The subject of the contract

The subject of the agreement is always derived from activities. It expresses the legal purpose of such a Treaty noting certain actions of the parties directed to achieving this goal.

Example: the Company gives users the right to use the Service for the purpose of communication with extraterrestrial civilizations through the use of the functionality of the site.

You can add several important disclaimers.

Example: the Service are provided as is. The company does not warrant that the services will meet the goals and expectations of the User or any other persons.

4. The terms of use.

Always and every service has terms of use and the mechanism of its work. Not always such a mechanism is necessary to disclose in detail, it is enough to add some provisions on mechanism of work in the terms of use. Sometimes, the opposite mechanism should be widely open and select multiple separate sections that elaborate on the users of the service.

Terms of use will be: adoption of the public offer it a certain way, the conformity of a person to the requirements of the user (sufficient capacity, the area of residence, etc.), check on the website (if required for the receipt of services), downloading the mobile app (if necessary for receipt of services), having access to the Internet, compliance with legal requirements and other conditions necessary for your specific case.

5. The rights and obligations of the parties.

All rights and obligations of both parties must be disclosed in the contract. Also this section may include guarantees of the parties but does not always guarantee appropriate here.

An example of a guarantee: the User warrants to the Company that it has permission to communicate with extraterrestrial civilizations, and this activity does not contradict national and international legislation.

6. Copyright

Software code, trademarks, and design elements, text, graphics, illustrations, video, scripts, programs, music, sounds and other objects and their collections are objects of copyright.

You need to determine the who, what, to whom and on what requirements provides. To protect the copyrights of the company, determine the method and the possibility of using such objects.

It is also important to determine the order of use by other users, the company copyright user, the legal regulation of placement of such facilities on the company’s website, etc.

7. Privacy. Protection of personal data

In the course of using the services, users may provide information about yourself or third parties. In this case, it clearly determines the order of provision of such information, the purpose and procedure for its use. Mandatory permission for the processing of such information. In connection with the loading of information in respect of third parties – guarantees to permit the processing and storage of personal data from third parties.

Quite often write a separate document privacy Policy. In this case, the text of the offer should be a reference to such a policy.

8. Responsibility. Disclaimer. Dispute resolution

In this case the Company’s liability and disclaimer in some cases. User responsibilities and consequences of violation of the rules of the offer or the requirements of the current legislation.

Any kind of warnings, bans. Not always included, as may be prescribed in the rights and obligations of the parties or concluding provisions. In foreign bids are typically allocated in a separate section, and sometimes are printed in capital letters in accordance with the requirements of the legislation of the country.

Usually agreed that in the event of any dispute the parties agree to solve them together, exerting maximum effort. Also determines the jurisdiction of the court to which the parties should apply in case of impossibility to resolve the dispute between themselves.

9. Final provisions or other conditions

This includes all conditions that are important for the contract but not enough of them to highlight in a separate section, and they are content not really fit into other sections. Adjust their activities correctly. We wish you success in your work!