Today, a well designed and well written website is the expected standard in the business world. However, there’s more to consider than cutting-edge design and engaging copy when launching your business website; there are essential legal elements that must be included in order to protect you, your business interests and your customers, many of which appear in your website’s terms and conditions.
A company’s terms and conditions outline all of its legal policies with respect to the products or services it provides to the customers. The terms and conditions should therefore clearly explain the rights and the obligations of both the user and the business with respect to the use of the website.
Depending on the nature of your business and of your website, the purpose and content of your terms and conditions will vary, but their overreaching purpose is to establish the legal relationship between your business and anyone who is visiting your website. Your website should always feature a dedicated terms and conditions page which can be easily accessed via a clear link in the footer of every web page.
So what do you need to include in your terms and conditions page?
Firstly, your terms and conditions should always be written in clear, simple language that your target users can understand easily. Consent boxes should never be pre-ticked, and there should be no attempt to misrepresentation of your products or services. While the specifics will vary according to your business, the following is a generalised list on content that all terms and conditions should include:
• a clear statement of what your products and services are;
• the conditions of use, covering what type of content may be posted or shared by users;
• a limited liability clause stating that your company is not liable for any indirect, direct, incidental, special or consequential damages resulting from the use of your website or the inability to use your site;
• your copyright, trade mark, and patent information, confirming that the content, designs, and branding featured on your website cannot be used without your express authorisation;
• a modification clause stating that you reserve the right to revise the terms and conditions at any time, with any such revision immediately made effective and binding once posted to the site; and
• a clause stating the governing law under which your website operates.
In addition to those mentioned above, the following are some of the points to include if you have an e-commerce website. These include:-
• your payment terms;
• your refunds, returns and losses policy;
• delivery timetable and detailed shipping information; and
• consequences if either party fails to deliver or pay for the product or service in time.
Navigating the legal intricacies of drafting your terms and conditions requires experience and specialist knowledge of the relevant laws and regulations.
To have a qualified solicitor draw up your terms and conditions or for a free consultation, contact us at Carter Bond today.
For more information, or for expert advice on business or personal legal issues, call us on +44 (0)20 3475 6751 or via email at info@carterbond.co.uk
This content is not intended to be used as a substitute for specific legal advice or opinions. No recipients of content from this site should act or refrain from acting on the basis of content of the site without seeking appropriate legal advice or other professional counselling.
