Model GTC Online Services for Professionals – Free

Warning

This template is provided for information purposes only and does not constitute legal advice. It is recommended that you consult a lawyer to adapt this template to your specific needs and to ensure its compliance with applicable laws.

Context and purpose of the document

This document sets out the General Terms and Conditions of Sale (GTCS) for online services for professionals. Its purpose is to govern the contractual relationship between the service provider and the customer, by defining the rights and obligations of each party.

Definitions

• PARTY: Refers individually to the SERVICE SUPPLIER or the CUSTOMER, and collectively to both.
• PROVIDER: Refers to the professional entity providing the services.
• CLIENT: Refers to the professional entity receiving the services.
• SERVICES: Refers to the services provided by the PROVIDER to the CLIENT.

Main clauses

Clause: Obligation of the Parties

The SERVICE SUPPLIER undertakes to provide the SERVICES in accordance with the specifications defined in the contract. The CLIENT undertakes to provide the information necessary for the proper performance of the SERVICES.

Clause: Financial conditions / consideration

The CLIENT undertakes to pay the SERVICE SUPPLIER in accordance with the terms agreed in the contract. Payments must be made on time, failing which late payment penalties will apply.

Clause: Duration and termination

The contract is concluded for a fixed term of [[Duration]] from [[Start Date]]. It may be terminated by either PARTY in the event of serious breach of contractual obligations, after formal notice has remained without effect for a period of [[Period of formal notice]].

Clause: Confidentiality

The PARTIES undertake to maintain the confidentiality of information exchanged within the framework of these GCS. This obligation shall survive termination of the contract.

Clause: Protection of personal information

The SERVICE SUPPLIER undertakes to handle the CLIENT’s personal information in accordance with PIPEDA and Bill 25 for Quebec. The CLIENT has the right to access and rectify its data.

Clause: Liability and warranties

The SERVICE SUPPLIER guarantees that the SERVICES provided will comply with current professional standards. The SERVICE SUPPLIER shall not be held liable in the event of force majeure or fault on the part of the CLIENT.

Clause: Force majeure

The PARTIES shall not be held liable for delays or non-performance of contractual obligations resulting from circumstances beyond their control, constituting force majeure.

Clause: Applicable law and jurisdiction

This contract is governed by the laws of the province of [[Province]]. In the event of litigation, the competent courts will be those of the judicial district of [[Judicial district]].

Clause: Miscellaneous

If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, this shall not affect the validity of the other stipulations.

Signatures

For the SERVICE SUPPLIER :

Name: [[Name of service provider]]

Date : [[Signature date]]

Signature : _____________________________

For the CLIENT :

Name: [[Customer name]]

Date : [[Signature date]]

Signature : _____________________________

Solicitor’s notes

Clause: Obligation of the Parties

Make sure that the obligations of each PARTY are clearly defined to avoid any misunderstanding.

Clause: Financial terms / consideration

Specify payment terms, including deadlines and penalties for late payment.

Clause: Duration and termination

Indicate the duration of the contract and specific conditions for early termination.

Clause: Confidentiality

Confidentiality is essential, especially for services involving sensitive data.

Clause: Protection of personal information

Comply with applicable laws on the protection of personal data, especially in provinces with specific requirements such as Quebec.

Clause: Liability and warranties

Limit your liability to the extent possible, while complying with applicable laws.

Clause: Force majeure

Clearly define what constitutes a force majeure event.

Clause: Applicable law and jurisdiction

Specify the applicable law and jurisdiction to avoid conflicts of law.

Summary of pre-publication checks

• Ensure that all double-bracketed areas are completed.
• Check for compliance with applicable federal and provincial laws.
• Add specific clauses if necessary for your industry.
• Consult a lawyer for a final review of the document.
• Check that signatures and dates are correctly inserted.