- Limitations of Liability
- Intellectual Property Protection
- Pricing and Payment terms, including shipping, returns, exchanges, and cancellations
- Product Information
- Dispute Resolution
Therefore, it is always advisable to get your Terms and Conditions appropriately drawn up. It is also important to understand what they say in case an issue or dispute does arise.
Our team of professionals at IP and Legal Filings (IPLF) are well versed with all factual and legal scenarios that are primarily required to engage in drafting a sound Terms and Conditions Policy.
- The first thing is a consultation with our team to understand the reasons for writing the terms and conditions and after that set some ground rules for the same before getting it drafted by a professional.
- Once the drafting of your Terms and Conditions is finalized by between you and our professional team, it is ready to be posted it in a noticeable location.
- On websites, Terms and Conditions should be accessible through links. Many companies post links to the Terms and Conditions throughout their website pages, usually in the footer.
- Information collected from users and mode of such collection.
- Terms of your Service/Goods/Products.
- Protection of Intellectual Property on your website.
- Terms specifying warranties/guarantees, if any.
- Terms of Cancellation and Refund, if any.
- Contact information in case of any Grievance, Complaint, etc.
1. Is a Terms and Conditions Policy mandatory?
A Terms and Conditions agreement is not legally required. However, having one comes with a number of important benefits for both you and your users/customers. The benefits include increasing your control over your business/platform, while helping your users understand your rules, requirements and restrictions.
2. Where to display my Terms and Conditions Policy?
Display your Terms and Conditions agreement in the following places, where applicable:
- Via a static link to your website footer
- In a menu within your mobile app (typically in an About, Legal, Info menu)
- On any checkout or order finalization pages
The key here is to make sure your Terms and Conditions Policy is always accessible at any time, and that you also provide it additionally at points where the user may be more interested in referring to its terms. Adding a link to your website footer or within your app menu makes your Terms and Conditions agreement available at any and all times. Adding a link to times when a user is interacting with you in a more specific way, such as when creating an account or placing an order, helps remind the user about your Terms and Conditions agreement at that important time.
3. How to make my Terms and Conditions Policy enforceable?
To make your Terms and Conditions Policy enforceable, place an un-ticked checkbox next to a link to your agreement and a statement that says something along the lines of this box, you agree to be bound by our Terms and Conditions agreement You can also use an Agree button instead of a checkbox that users must click to show they agree to your Terms and Conditions agreement.
4. Are Terms and Conditions legally binding if not signed?
Terms and Conditions don’t have to be signed in order to be legally binding. However, there has to be some evidence that the customer has accepted the Terms and Conditions. If you display your Terms and Conditions on your website, app, or software, you should obtain acceptance of your Terms and Conditions via a clickwrap prompt.
5. Are Terms and Conditions legally binding?
Yes, Terms and Conditions are legally binding. Or at least, they can be legally binding if:
- You have obtained acceptance in the proper way. This means that your customer has actively agreed to your Terms and Conditions.
- Your Terms and Conditions agreement is sufficiently clear. This means your customer understands (or it is reasonable to assume that your customer understands) what they are agreeing to.
- Your Terms and Conditions agreement is legally valid. The courts will not enforce unfair terms in Terms and Conditions agreements.
7. What is the difference between Terms and Conditions and Terms of Service?
Terms and Conditions and Terms of Service essentially mean the same thing. There is no meaningful difference between these two terms.
8. What types of businesses need Terms and Conditions?
Any type of business can have Terms and Conditions. Terms and Conditions are frequently used by online businesses offering:
- A website
- An app
- A service
- A SaaS (Software as a Service) product
If your business offers goods or services to consumers or business clients, it would almost certainly benefit from creating a Terms and Conditions agreement.
9. Can you copy the Terms and Conditions from someone else’s website?
No, you cannot. Every website or app offers unique services and the particularities of your business will only be legally protected with unique T&C’s that cover your business area.
10. Can I use a terms and conditions template?
Despite how simple they appear, terms and conditions are meant to meet incredibly complex and highly specific scenarios. Because each terms and conditions document is a legally binding contract that is meant to protect you, the business owner, it’s imperative that the document matches your specific business processes, model, and remains up-to-date with the various laws referenced in its contents. Templates simply cannot do this, therefore, we strongly suggest that you avoid using templates.