Terms and conditions are sometimes called Business Terms or Terms of Business, or simply contract terms.
They are used in a variety of situations, such as to govern the contractual relationship between you and your customers.
Terms and conditions are essential to a business’s operation. They provide clarity for your customers, and guidance for both parties if a dispute arises.
- You cannot assume that everything included in your terms and conditions are enforceable just because a customer accepts it, or does not query it. Consumer protection legislation could affect the validity of the terms you agree with customers.
- If your customers are based abroad, your terms and conditions could also be affected by foreign law.
- Your business may suffer reputational damage if your terms and conditions are unreasonable or unfair.
- It is important to ensure that any sale is conducted on your terms and conditions and not on the terms of the other party.
- Businesses operating online must be aware of additional requirements applicable to their business. For more information see our pages on ecommerce terms.
Use of Templates?
Some businesses may manage their budgets by creating their own terms and conditions, often based on those used by competitors or on templates purchased online. However, taking legal advice will add far more value that supplying you with documentation.
Also, remember that documents drafted without legal input, and which are not specific to your circumstances may not be worth the paper they are written on. They will also not give you any guidance on how implied terms of contract may affect your business.