View Full Version : Is this illegal....or just a bit naughty!
plymgary
9th April 2009, 09:11
I am setting up the terms and conditions for my website. The question I have is:
Would it be illegal for me to take the terms and conditions of one of my competitors (who are a massive national company, so the Ts&Cs are bound to be watertight!) and change their name into my business name throughout the terms?
Or...would it just be a bit naughty and frowned upon!!!!
Gary :)
Ashley_Price
9th April 2009, 09:14
I guess as long as you can show the T&Cs match exactly what you do then there shouldn't be a problem.
However, I would still advise you to get them checked over by a solicitor. You don't want to find down the line that the competitor had a clause in their T&Cs that you cannot match, etc.
And besides, don't think that just because they belong to a "massive national company" they are bound to be watertight. You need to see how often they need to "update" or make changes to them.
I personally think it's best getting T&Cs drawn up specifically for your business. You need to know them inside out and unless you learn the other firm's word for word, then customers could trip you up.
plymgary
9th April 2009, 09:17
I guess as long as you can show the T&Cs match exactly what you do then there shouldn't be a problem.
I personally think it's best getting T&Cs drawn up specifically for your business. You need to know them inside out and unless you learn the other firm's word for word, then customers could trip you up.
Thanks. I'll keep going through them until they stick in my head! Once the company gets off the ground I'll look into getting them drawn up professionally. But, until then.....
sirearl
9th April 2009, 09:21
Not a problem just make sure they relate to your business.
Earl
Ashley_Price
9th April 2009, 09:23
Basically, you have to decide: are you willing to gamble your future, money and business?
What may cost you a few hundred pounds now, to get them drawn up specifically for your business, could save you ten times that much in the future.
Monica_ChilliApple
9th April 2009, 09:27
I would say its best if you get them checked over by a solicitor after reading them in & out yourself.
Its better to take care now rather than repenting later. Its advisable that Don't take any chance.
Lasting Designs
9th April 2009, 09:28
I guess as long as you can show the T&Cs match exactly what you do then there shouldn't be a problem.
However, I would still advise you to get them checked over by a solicitor. You don't want to find down the line that the competitor had a clause in their T&Cs that you cannot match, etc.
And besides, don't think that just because they belong to a "massive national company" they are bound to be watertight. You need to see how often they need to "update" or make changes to them.
I personally think it's best getting T&Cs drawn up specifically for your business. You need to know them inside out and unless you learn the other firm's word for word, then customers could trip you up.
Take a copy of them to a solicitor and tell them you want something similar, they'll advise you if you are right and draw them up accordingly. Don't copy 'em, if the competitor gets wind of the fact, you've invited them to sue you, hardly a confidence inspiring bit of publicity for your business or you is it. Being in business costs money, particularly at the start, saving cash early doors by doing things that are illegal, costs you in the long run and not just cash.
You might want to discuss this with the FSB or the local C of C, they may even point you in the direction of somebody specialising/ recommended in providing this.
Lots of people do it but they are the copyright of the owner, so be carefull.
Fuzzy
9th April 2009, 11:24
I would see a solicitor or a firm specialising in T&C's and get them drawn up specifically for you..........you just never know do you:D
Dawg
9th April 2009, 11:33
I would see a solicitor or a firm specialising in T&C's and get them drawn up specifically for you..........you just never know do you:D
Nah, go for it. Use your common sense and don't mince down the elfin savety avenue. Just don't tell anyone...
maxine
9th April 2009, 11:43
Maybe look at a few other companies aswell and do a bit of a pick-n-mix so that you are not just copying one set but also prompted to look at things that might be in one set but not in another and just make sure that they are set out properly and bits don't conflict with other bits.
As someone else said, just because they are from a big firm doesnt always mean they are watertight.
Then sit and have a think of all the "what if" scenarios and see if they would be covered in t&c's
You also need to think about when the t&c's will be communicated for contracts and terms to be valid.
BusinessIdeas
9th April 2009, 11:51
Just re-word some of it in good english and grammar, shouldn't be too difficult :)