Terms and Conditions

What are Terms and Conditions?

If you own a business website or app then you’re going to need some Terms and Conditions. Just how lengthy or complex those Terms and Conditions need to be will depend on what your website or your app does. For example, if it simply a landing page which gives details of your business and how to get in contact with you, then your Terms could be quite limited. However, if you sell goods or services through your website, then obviously, the Terms and Conditions you will need will be more complex.

Terms will be required to protect you from claims made by users or customers, and also set out any legal or practical matters relating to your goods or services, such as sales terms, payment provisions and return policies.

Can I just copy someone else’s Terms?

In truth, it’s possible that you could get lucky and find that another business really does have terms and conditions that could work for you. However, if you’re not a lawyer yourself, or not well-versed in the legal aspects of terms and conditions, it would be very hard for you to really know if someone else’s terms and conditions would actually do the job for you.

Even if you find terms and conditions from a very similar business or website, you don’t actually know who prepared their Terms, and whether they’re actually drafted well in the first place or suitable for your purposes. It’s possible that the website you found them on just copied their terms and conditions from someone else too. So, if you don’t have a lawyer look them over, you’ll never know whether you’re really covered legally, or not.

Copyright, of course, is also an issue. So, if you simply cut and paste someone else’s Terms and Conditions into your website, you may find yourself with a legal claim on your hands.

So, the best option is get a lawyer to draw up a specific set of terms which are relevant to your business and which will make sure you have the legal protection you need. It only takes just one claim from one customer to make the whole process and cost of asking a lawyer to prepare your Terms entirely worth it. And, of course, you’ll get to sleep better at night when you know you’re protected.

What are the important clauses I need to include in my Terms and Conditions?

Your Terms must set out who owns or operates the website. Ideally, you will have put the website in the name of a company, to avoid you being caught with personal liability. This needs to be clearly stated.

Users should clearly be told what they can and cannot do with the content on your website. Although you may receive limited protection from background copyright law, it is far more effective to have terms and conditions which clearly state that the content belongs to you and cannot be used by users of your website for any other purpose.

You will also want to warn your users from abusing the site such as by spamming other users, posting defamatory content or attempting to infect the website or app with viruses or malware.

If users are able to post content, then you need to make sure that you have suitable licensing provisions in your Terms to allow you to publish and use that content.

One of the most important clauses in your Terms and Conditions (particularly for those offering business services or sites offering advice or information to users) is to place relevant limitation on your liability, through appropriate disclaimers. Without these in place, you may find that you become liable to unlimited damages claims.

Finally, as the web is global in its nature, it is important to make sure your Terms clearly state that they are governed by English law and the exclusive jurisdiction of the English courts. Otherwise, you may find that you just got served with legal proceedings in the lower court in Outer Mongolia, which is unlikely to be a place you want have to go to defend yourself in person.

Get Help With Terms and Conditions

Sectors we work with

We provide services for a number of different sectors including start-ups, property developments, small businesses and more.

Start-ups

We help you from day one, and stay with you all the way. From incorporating your company, to advising you on the terms of your articles of association and shareholders agreement.

Small Businesses

We help small businesses in all different types of industries. From early stage, high growth, online businesses to long-established bricks and mortar companies.

Media Clients

Our media clients love the fact that we’re experienced in the world of media and understand their industry and their way of doing things.

Online and Ecommerce

We work with hundreds of online and ecommerce clients. Creating solutions to help make the world an easier, more connected and more enjoyable place to live.

Fintech

We’re proud to work with a number of leading online banking and payment processors, bitcoin and crypto-currency trading solutions and peer-to-peer lending platforms.

Property Development

We can advise you quickly and easily on the options available to you and guide you through market practice and investor expectations.

Get in touch today

We’re always happy to discuss any new ideas or legal questions you may have. So, feel free to get in touch with us today. Just complete the form below and hit ‘Submit’ or click on the ‘Request Callback’ button and we’ll be delighted to speak with you.

020 3695 8920
ray@raylevylaw.com
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