Terms and Conditions: Getting it Right
Apart from football few things ignite more passion and energy in people than running their own businesses. For many, it’s the dream to be one’s own boss and it allows people to conduct an enterprise that allows them to deliver the kind of customer service and quality of work they feel they do not see elsewhere.
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Apart from the idea itself and the drive required, one thing that will contribute to any success is having a robust set of Terms and Conditions (T&Cs).
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What are Terms and Conditions?
T&Cs set out how you trade, a contract between you and your customers./clients ?regulating how you do business. They set out what is agreed and they are how you intend to trade. They are your Ts & Cs.
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Are Terms and Conditions legally binding?
Yes, they will either be part of a signed contract or they could be referenced which is what Amazon do. To ensure you’re covered should a dispute arise, make sure you have sent an email saying please find attached a set out our Terms and Conditions or make sure that the last thing anyone has to do is tick the box agreeing your Ts & Cs. Best practise is to direct all customers to your T & Cs and have them sign a document to say they have read them and signature accepts them. We are not fans of signature on Ts & Cs.
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Are Terms and Conditions a contract?
As long as you can show that you sent them before or when they purchased goods and/or services, then yes, your business’s Ts & Cs will be legally binding.
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What should Terms and Conditions include?
Certain elements of your T & Cs will be unique to your business; however, most will contain information on:
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a.?????? The way you sell or deliver goods and /or services.
b.?????? Pricing and payment structures and processes.
c.?????? How and when a customer/client must pay for their product or service
d.?????? Any legal issues surrounding consumer law.
e.?????? Delivery details and provisions regarding risks and insurance
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f.??????? Limitations on your liability.
g.?????? Any cancellation and/or renewal policies
h.?????? Data protection policies and procedures
i.??????? Consumer indemnities.
j.??????? Intellectual property and confidentiality clauses
k.?????? Dispute resolution
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Website Terms and Conditions?
There is a difference between website usage terms and conditions and terms and conditions of business. Unless you are doing online purchasing then we do not recommend the placing of terms and conditions on a website.
However, if a sale requires a sign-up form from new customers, acceptance of your Ts & Cs ?should be mandatory and definitive acceptance of them sought, e.g. “click this box? / click this button to accept our Terms and Conditionsâ€.??
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Can Business Terms and Conditions be Changed?
Yes/ Most T & Cs include a provision that allows the business to change the Terms and Conditions. If you have regular customers/clients, always inform every customer/client? if there are changes to your T & Cs of business.
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Are Terms and Conditions necessary?
There is no legal requirement for a business to have Ts & Cs; however, not setting out your terms on how you do business can expose you to disputes under the law. Well drafted concise Terms and Conditions show a high level of professionalism.
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Can I copy another company's Terms and Conditions?
Loads of people do it. Copying someone else’s Terms and Conditions is something we tell everyone to desist from even if you are in the same business. You don’t know who drafted them and whether they contain errors. Your business is yours alone and the way you want to do business is just that and the way you seek to deal with customers/clients is how you do it. It is also false economy as bespoke Ts & Cs start from ￡240.00 at CW Contract Law and Legal. Getting yours checked is also important.
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Protecting your Business
Getting your T&Cs right provides certainty for you and your customers/ clients.
Put the date of the Ts & Cs and any revision date in the footer so everybody know which ones were issued and when.
Good Ts & Cs are the most-simple and ?cost effective piece of law any business can adopt.
As we say, if its good enough for Amazon to operate with Ts & Cs then it good enough for everybody.