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What are the Terms of Service and when are they needed?


“Terms of Service” 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 “General Conditions”, “Terms and Conditions (T&C)”, “TOS” or “Legal notes” etc.

The ToS is 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 ToS therefore represents the document that helps dealing with problems or preventing them in the first place. Because of that the ToS is fundamental in many cases in order to mount an adequate and proper defence.

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 ToS becomes 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.

Can I generate my ToS with iubenda?

Currently our online generator doesn’t allow for the creation of Terms of Service documents – which requires careful work done.

Even if a ToS online generator is not currently available on iubenda.com, we can still assist you with our Custom Assistance Service, which includes the direct support of our legal partner network.

Using our Custom Assistance Service, you can request assistance from our team of lawyers for the drafting of customised privacy policies, customised terms and conditions, and general legal review and counsel.

Usually the fee for our assistance service starts from $900 (one off). The pricing is in a different range than the online service, what we are offering is a premium level service that may usually cost up to several thousand Dollars.

If you would like to have more information regarding our Custom Assistance Service, or to request a quote, please don’t hesitate to contact us at info@iubenda.com.


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