What exactly are Terms and Conditions? What should they include? Looking for a Terms and Conditions template? We’ve got you covered!
A Terms and Conditions agreement is a legally binding document that allows you to set rules that users must follow when using your website or mobile app.
👀 In this article, we cover everything from how important this document is, the information to include, where to display it + a free Terms and Conditions template. Let’s get started.
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They are a legally binding document and allow you to set your rules, within applicable law. For example, they may help you define how users can interact with your product or service, how your original content can be used, or the rules concerning the cancellation or suspension of a user’s account.
We can safely say that Terms and Conditions are meant to protect you and your business: they help handle potential problems arising or prevent them in the first place. Without it, it’s difficult for businesses to mount an adequate defense if sued or legally challenged over the use of their product or service.
In fact, it is considered standard practice and remain a very important document for every business, from a blog owner to an e-commerce store, in order to be protected from potential liabilities.
They are particularly crucial in cases of e-commerce stores because they contain legally required information related to conditions of sale and disclosures on methods of payment, shipping, delivery, withdrawals, and cancellation conditions etc.
Operating an e-commerce? Not sure what legal documents you need on your site? Check out this guide.
💡 Whether your website engages in commerce or not, it’s always advisable to have a professional Terms of Service document in place on your website or app.
Simple templates are often not enough to protect your business and intellectual property.
Terms & Conditions are legally binding documents so having customizable, professional Terms are important.
Easily set things like law of governance, disclaimers, limitations of liability and more 👇
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Terms and Conditions can protect your business interests and restrict liabilities for things like:
This can range from:
Your document usually contains legal statements that outline the rights, responsibilities, and obligations of the parties involved in a particular agreement or transaction. It also outlines governing and applicable laws such as federal or state laws. This is important if legal issues arise.
Further to that, another typical disclaimer usually states that the information provided is not guaranteed to be accurate or complete, and that the user of the information assumes all risks associated with its use.
🔍 See what a limitation of liability clause is here →
Despite how simple they appear, Terms and Conditions Agreements are meant to meet complex and highly specific scenarios. However, there are some basic clauses that most agreements should have.
In short, Terms typically contain copyright clauses, disclaimers and terms of sale, allow you to set governing law, list mandatory consumer protection clauses, and more. Keep reading for the full list on what your document should at least/at its most basic include.
While the full content may vary based on the particulars of your business, your Terms and Conditions should at least include the following:
💡 Because each Terms and Conditions document is a legally binding contract that is meant to protect you, the business owner, it’s still very important that the document matches your specific business processes, model, and remains up-to-date with the various laws referenced in its contents. Learn how to do this here.
The document below is a example of a Terms and Conditions document.
Click on the button to see the example:
A proper document won’t do your business any good if no one sees it!
You need to make sure it is easy to find and placed in a prominent location.
Therefore, you can put it:
Apart from having access to your Terms and Conditions document at anytime from your website’s footer, users will have to be presented with the Terms and Conditions in specific situations and asked to read and accept them. More information here.
Common situations where to enforce Terms and Conditions include when a user:
💡 You should give your users some way to acknowledge that they’ve seen and have accepted your Terms. Learn more about the widely-used clickwrap method.
Here’s a basic Terms and Conditions template you can use as a starting point. The fields highlighted in yellow are only examples; you will have to replace them and add all the necessary information according to your specific business scenario.
Too many things to think about? Using just a Terms and Conditions template is too much work? If you’re interested in a more professional solution, jump to this section.
This website/application is operated by [Your Business]. Our principal place of business is located at [Your Business Address]. You can contact us by writing to the business address given above, by using our website contact form, by email to [Your Business Email], or by telephone on [Your Business Phone Number].
[Your Business] provides [Description of the services your site/app provides].
[Here you should include any statements that limit your liability. As these documents tend to be legally binding, we do recommend using a professional solution.] The Owner shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the services or the website content.
[Here you’ll want to add any rules you have for user accounts and your site. This are can include things like content restrictions. See example text ->] Users are prohibited from posting or transmitting through the [Your Business] site or service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
[If you sell products or services on your site, you’ll need to include a section like this on pricing, payments and cancellation. The following text is example text only and will need to be customized to fit your particular situation and countrie’s requirements. If you’re not sure of what you’re doing, we very highly suggest that you consult with a legal professional or use a lawyer-crafted generator like ours.]
Purchasers must be at least [age limit]. We reserve the right to refuse service to anyone for any reason at any time. Our services are not available in jurisdictions where it is prohibited by law.
Upon placing an order, customers will receive a confirmation email detailing the products ordered and the total cost. [Your Business] reserves the right to cancel an order at any time prior to dispatch, in the event of any unforeseen circumstances.
We accept the following methods of payment: [e.g. Visa, MasterCard, American Express, and PayPal].
All prices are subject to change without notice and are exclusive of any applicable taxes.
[Products/services] purchased from [Your Business] will be [e.g. dispatched within three business days of the order and delivered within 5-7 business days]. We deliver to [e.g. all states in the U.S.].
Customers may cancel their order within [duration e.g. 24 hours] of placing it, provided that the order has not yet been dispatched. To cancel an order, customers must [e.g. go to the dedicated section on their account and request cancellation].
[If you sell products or services on your site, you’ll also need to include details on warranty rights which is legally required under some conties’ consumer laws]
All products offered by [Your Business] come with a standard [warranty duration e.g. 12-month] warranty covering defects in [e.g. material, workmanship]. This warranty does not cover [list all necessary, e.g. misuse, unauthorized modifications, or acts of nature].
[If you sell products or services on your site, you’ll also need to include details on withdrawal rights which is legally required under some conties’ consumer laws]
Customers have the right to withdraw from the contract within [duration e.g. 14 days] without giving any reason. The withdrawal period will expire after [duration e.g. 14 days] from the day on which the customer acquires, or a third party other than [e.g. the carrier] and indicated by the customer acquires, [e.g. “physical possession of the goods”].
Our [products/services] must be used in accordance with the provided instructions and guidelines. Failure to do so can result in [e.g. “injury”, “Always ensure that the product is assembled correctly before use and keep out of reach of children”].
By using [Your Business] website/application, you agree to abide by these Terms and Conditions. Your continued use of the website/application after changes have been posted means you agree to be legally bound by these terms as updated and/or amended.
Date of last update: ________
This is a general and basic template and must be customized to fit your specific circumstances and requirements. As mentioned, because these are legally binding documents, we highly recommend consulting with legal professionals or using a generator created by legal professionals to ensure compliance with applicable laws and regulations.
Your document should match your specific business processes, model, and remain up-to-date with the various laws referenced in its contents.
Here is a list of questions you can go through when filling out the template and add what is missing.
A Terms and Conditions document is more than just a formality. It is a valuable tool that protects you as a business owner.
That’s why you should make sure to include all the clauses necessary to limit potential liabilities and update the document whenever something changes (including the law!).
💡 It’s essential to have well-written Terms and Conditions. The opposite could at best, not serve its purpose and at worst, potentially land you in legal hot water.
We strongly suggest using a high-quality generator for creating a professional legally-biding document.
While nothing beats having a personal lawyer prepare and revise your documents, a quality generator with text written by legal professionals is the next best thing.
🚀 Save yourself the headache and find what you’re looking for 👉 pick from hundreds of scenario-specific clauses;
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