Is "Public Offer" synonym of ToS?


My company provides fee-based online services in addition to a free basic online service and product.

We have not bothered until now much with ToS before but with increase of fee-based clients decided to formulate better our ToS.

The problem is that ToS in Russian legislature is "????????? ?????? " that literally translates as "Public Offer"


One of the dictionary definition of "Public Offer" is:

  • "2. (Public offer): All products and prices in the Site constitute an offer to the public with the limitations and conditions contained in this site and in these general conditions of sale"

While the other (main?) meaning :

  • "Offer made by a company to the public to subscribe to its issue of shares. The offer must be made by way of a prospectus to which a form of application is attached"
is related with IPO capitalization (issuing of shares) and selling/cosharing a company rather than its services.

I looked through ToSs of many top multi-national companies offering on-line services:

and could not find a single use of "Public Offer" term in their ToSs.

So, I am in doubt:

Can the tern "Public Offer" be used as synonym of a Public Offer of public services to public in English, i..e. to ToS?

Marketing Sales Legal Terms And Conditions TOS

asked Mar 5 '11 at 14:57
Top digital marketing agency for SEO, content marketing, and PR: Demand Roll

2 Answers


As an English-speaker, I can't see any way "Public Offer" and "Terms of Service" could mean the same thing. That said, legal terminology can be strange, so it's not entirely impossible that it could be used that way -- but I've never seen it used in that sense.

It's worth noting that the first site you link to is Italian, so they might have mistranslated it from their own legal terminology.

answered Mar 6 '11 at 01:21
Giles Thomas
1,540 points


No. Use "Terms of Service".

Disclaimer: This information does not constitute legal advice and does not establish an attorney-client relationship.

answered Mar 7 '11 at 11:50
Dana Shultz
6,015 points

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