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What Are the Terms and Conditions and When Are They Needed?

“Terms and Conditions” is the document governing the contractual relationship between the provider of a service and its user. On the web, this document is often also called “Terms of Service”, “Terms of Use”, “General Conditions” or “Legal notes”.

The Terms and Conditions are nothing other than a contract in which the owner clarifies the conditions of use of its service. Some quick examples are the use of the content (copyright), the rules that users must follow while interacting with one another on the website/app and, finally, rules related to the cancellation or suspension of a user’s account etc.

Particular emphasis should be given to the limitation of liability clauses (and disclaimers), for example the case of malfunctions of the app or website.

The Terms and Conditions therefore, 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 and Conditions 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.

What should I do if I run an e-commerce website? Is it recommended to create a Terms of Service document?

Yes, it is not only advisable but also often mandatory.

The website/app must predispose and integrate the Terms of Service each time that complex issues are at stake, for example in the case of e-commerce, where among other things, money transactions are processed directly through the platform.

In the case of e-commerce sites, the Terms of Service become the document that should contain detailed sales conditions adopted by the website/app, namely all the clauses related to methods of payment, shipping and delivery, withdrawals and repayments etc. as required by consumer protection regulations. European providers of BtoC services (selling goods/services) are also required to include, among other things, an ODR statement that explains the mandatory dispute resolution process online.

How iubenda can help you generate and manage a Terms and Conditions document

Here’s where our Terms and Conditions Generator comes in very handy: customizable from over 100 clauses, available in 8 languages, drafted by an international legal team and up to date with the main international legislations, it’s capable of handling even the most complex, individual scenarios and customization needs.

Our solution works for businesses of any size, from the single blogger to enterprise level organizations, protecting their interests and their content. It’s optimised for e-commerce, marketplace, SaaS, mobile apps, blogs, publications and more.

The generation process is easy and intuitive:

For more information read our guide on How to Generate a Terms and Conditions document.

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