Are your website terms and conditions any good?
TIP: Well-drafted terms need to specifically address your business and your website content. For example, website terms and conditions do not require tick box signing or acceptance. However, they state the rules of engagement for accessing and using the site, much like when you enter an art gallery, gym or private and public venues. Without the terms to lay the boundaries of behaviour and conduct, there is no platform for negotiation or enforcement if there are none in place in the first place.
Importantly it helps to view the website terms and conditions as an opportunity to educate visitors about your business and your website. So often, this is a missed opportunity because businesses gloss over the importance of this document and fail to ensure that it is drafted as an accurate representation of their business. Ensuring website terms have been drafted to be in sync with your business and website and that they are fair, legally robust and easy to read makes it easier for visitors to comply and for businesses to enforce should the need arise.
One big Mistake to Avoid with website terms and conditions
Website terms and conditions are written for all visitors to the website. However, visitors that become customers or clients by purchasing a service or a product or engaging in some other commercial relationship other than as a visitor will require separate terms, which should be placed on the checkout page if they are buying a service or a product.
TIP: The big tip is to keep your terms for different activities and transactions on your website separate.
Terms and conditions that are placed where visitors, customers and clients expect to find them, i.e. at the point of sale, will be far more effective for your business because:
- they will make better sense to your customer and client
- they address the activity, i.e. sale or sign up only; they will be shorter and easier to read
- they will be transparent terms that will protect the transaction and the sale,
- they will be easier to enforce if necessary
- they will provide a platform for negotiation that is unambiguous and drafted for fairness
- your client will appreciate having terms that relate to what they are buying as opposed to everything else you are doing on your website.
If you have “borrowed” your website terms and conditions from another website or neglected to add this essential legal tool to your website, it is time to take action. In many cases, for small businesses, a well-drafted legal template will suit your needs. Purchase yours via my legal templates shop ASAP.