Making Website Terms and Conditions: Follow This Guide
Terms and conditions are a crucial aspect of any business operation as they set the guidelines for the relationship between a company and its customers or clients. They are the conditions on which you agree to do business with someone else. They can be called many other names, from simply business terms, to terms of sale, terms of service, or T&C. The general assumption of meaning in all these variations is that you are selling your product or offering your service on a non-negotiable take-it-or-leave-it basis.
They represent the document that helps in dealing with problems or preventing them in the first place. Because of that, the Terms and Conditions are fundamental in many cases in order to mount an adequate and proper defense. Terms of Service set the way in which your product, service, or content may be used, in a legally binding way. They are crucial for protecting your content from a copyright perspective as well as for protecting you from potential liabilities.
Here is how terms and conditions will protect your business from the following:
- Abusive users: Terms and Conditions agreements allow you to establish what constitutes appropriate activity on your site or app, empowering you to remove abusive users and content that violates your guidelines.
- Intellectual property theft: Asserting your claim to the creative assets of your site in your terms and conditions will prevent ownership disputes and copyright infringement.
- Potential litigation: If a user lodges a legal complaint against your business, showing that they were presented with clear terms and conditions before they used your site will help you immensely in court.
In short, terms and conditions give you control over your site and legal enforcement if users try to take advantage of your operations. These business terms and conditions reduce the possibility of disputes arising with your customers, so it’s important to get them right. Your terms should clearly outline the scope of the relationship, payment, delivery, disclaimers, and liabilities.
Consider some dos and don’ts before framing these terms and conditions for your business such as:
Dos:
- Make your terms and conditions clear and easy to understand for your customers.
- Use plain and simple language to ensure that your terms and conditions are accessible to a broad audience.
- Make sure that your terms and conditions are legally compliant and accurate.
- Keep your terms and conditions up to date and make changes as necessary.
- Make your terms and conditions easily accessible to your customers, for example by including them on your website or in your product packaging.
- Include a clear explanation of your products or services, their features, and any limitations or exclusions.
- Outline the payment process, including any fees, taxes, or charges that may apply.
- Include information on shipping, delivery, and returns, including any policies on exchanges or refunds.
- Include provisions for dispute resolution or arbitration in case of conflicts or disagreements.
Don’ts:
- Include clauses that waive or limit your liability for damages or losses caused by your products or services.
- Include any provisions that violate consumer protection laws, such as unfair contract terms or misleading advertising.
- Use terms and conditions as a substitute for good customer service or communication.
- Rely solely on terms and conditions to protect your business interests, as they may not be enforceable in court in certain situations.
- Assume that your customers have read or understood your terms and conditions without providing clear notices and reminders.
- Use legal jargon or complex language that could confuse or intimidate your customers.
- Include any terms that are unfair or deceptive to your customers, as this could damage your reputation and lead to legal action.
- Copy and paste terms and conditions from other companies without reviewing and customizing them to your specific needs.
- Bury important terms or conditions in lengthy paragraphs or sections that are hard to find.
- Make changes to your terms and conditions without notifying your customers and giving them the opportunity to review and accept the changes.
Taking into account some basic dos and don’ts of terms and conditions documents will help you create a document that protects your business and helps avoid misunderstandings.
