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How to Write Terms and Conditions

How to write Terms and Conditions

Terms and Conditions – also known as Terms of Service (ToS), Terms of Use, or End User License Agreement (EULA) – allow you to set the way in which your product, service or content may be used, in a legally binding way.

They govern the contractual relationship between you, the provider of a service and your users – essentially, a contract in which you, the owner, clarifies the conditions for using your service or accessing your products.

This article will help you write a basic Terms and Conditions document for a website. If you’d rather let us create a document tailored to your business for you, use our Terms and Conditions Generator.

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More on compliance for websites and apps

This article is a part of our series on compliance for websites and apps. Read also:

👉 4 Reasons Why You Need A Privacy Policy

What to include in a Terms and Conditions document

For your Terms and Conditions to be effective, they have have to:

  • properly identify yourself and your product/service (users must be able to reach you with questions regarding policies or operations);
  • describe the service that your site provides and how it should be used (to avoid liability: you have no way of knowing all the potential ways in which your product or service might be used or misused); and
  • contain affiliate-specific clauses.

While the full content may vary based on the particulars of your business, Terms and Conditions should at least include these elements:

  • Identification of the business and contact information
  • Description of the service that your site/app provides
  • Information on risk allocation, liability, and disclaimers
  • Warranty/Guarantee information (where applicable)
  • The existence of a withdrawal right (if applicable)
  • Safety information, including instructions for proper use (where applicable)
  • Terms of delivery of product/service (where applicable)
  • Rights of use (if applicable)
  • Conditions of use/purchase (eg. age requirements, location-based restrictions)
  • Refund policy/exchange/termination of service and related info
  • Info related to methods of payment (where applicable)
  • Any additional applicable terms

Remember that Terms and Conditions are legally binding documents and should always be prepared in accordance with any applicable legal guidelines.

How to present your Terms and Conditions

The best idea is to add them to your site’s footer, so that they are always visible and accessible.

Here’s a working example (created with our solution). Click on the button to open the Terms and Conditions:

Anyway, please note that in certain cases (an eCommerce, for example), a link in the footer is not enough: to maximize legality, ask your users to agree to your Terms and Conditions.

Create your Terms and Conditions with our Terms and Conditions Generator

After reading the steps above, you might be asking yourself how to put this information together.

Given that Terms and Conditions are essentially the only legally binding agreement between yourself and your users that allow you to set rules specific to your business and protect it from liabilities – we strongly suggest that you don’t attempt to write them yourself.

Instead, we suggest that you either seek the services of a legal professional or use a quality Terms and Conditions Generator – “quality”, meaning one that allows you to fully customize and output clauses based on your businesses’ individual needs.

Our Terms and Conditions Generator lets you easily generate and manage Terms and Conditions that are professional, customizable from over 100 clauses, available in 10 languages, drafted by an international legal team, and up to date with the main international legislations.

Here’s a quick overview:

 

It’s powerful, precise, and capable of handling even the most complex, individual scenarios and customization needs.

Our solution is optimized for everything from eCommerce, blogs, and apps, to complex scenarios like marketplace, SaaS and affiliate marketing programs.

Read more about it here or start generating below.

Generate a Terms and Conditions document for your website

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