Terms and Conditions

[SeaTheStars]

How do you go about working on a set of Terms and Conditions and how would you make them a legal binding document before implementing on your website?

 

[Jameschillman]

Speak to a lawyer? They'll happily help you out with a legal set of t&c's.

 

[prizeamonth]

im guessing see the stars is looking for a cheap alternative, rather than going to a lawyer

i have found that there are a lot of companies out there who offer a cheap template system where you simply add your own details in the appropriate place and delete any sections which are not relevant to your site.

these templates are fairly easy to use and on average seem to cost between £10 and £20 they are NOT suitable for a more complex site but are ideal if your needs are fairly simple they also supply privacy policies etc etc i just typed Terms and conditions template into google and it displays hundreds of companies.

hope that helps a bit with your problem

 

[Spencer1986]

What industry are you in?

I have a plant/tool hire company and when I was starting I found (through google) a specific set of guidlines for plant and tool hire (CPA), then it was just a case of using the relevant sections and inserting my company name in places, job done. Have a look around. However if you are getting them printed up on forms etc then don't order a massive batch straight away as you will find yourself tweeking them constantly to start with.

 

[Steve Sellers]

How do you go about working on a set of Terms and Conditions and how would you make them a legal binding document before implementing on your website?

Some free website terms and conditions - http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1076142035&type=RESOURCES

If you require specific terms and conditions say for example if you are planning on selling goods etc then you will need something a lot more comprehensive than general website terms and conditions.

 

[ScotComp]

You don't need to make an agreement "legally binding" it just needs to be legal for it to be acceptable.

For example me having a verbal agreement with you could be legal no problem at all, but if you offered me illegal drugs then it's not a legal agreement. (it's a bit different for property law)

 

[Steve Sellers]

You don't need to make an agreement "legally binding" it just needs to be legal for it to be acceptable.

For example me having a verbal agreement with you could be legal no problem at all, but if you offered me illegal drugs then it's not a legal agreement. (it's a bit different for property law)

That makes no sense whatsoever:|. The OP does need to make the agreement legally binding. Thats what a contract is, verbal or otherwise. A verbal agreement may be legally binding but where is the evidence to prove this to be the case? Hence the reason why the OP needs a written agreement.

 

[snakeeyes121]

That makes no sense whatsoever:|. The OP does need to make the agreement legally binding. Thats what a contract is, verbal or otherwise. A verbal agreement may be legally binding but where is the evidence to prove this to be the case? Hence the reason why the OP needs a written agreement.

How can an agreement / document be legally binding if nobody has entered in to the contract yet?

Terms and conditions in themselves are not a legally binding contract, it becomes a legally binding contract when a person accepts the terms of that document. Providig the terms within that agreement are lawful...

And you are joking about there being no evidence that a verbal contract is legally binding right? Fook me google it :redface:

 

[Steve Sellers]

How can an agreement / document be legally binding if nobody has entered in to the contract yet?

Terms and conditions in themselves are not a legally binding contract, it becomes a legally binding contract when a person accepts the terms of that document. Providig the terms within that agreement are lawful...

And you are joking about there being no evidence that a verbal contract is legally binding right? Fook me google it :redface:

1) Can be legally binding because I was talking to ScottComp in general tetrms about enforcability of a verbal contract. The contract become legally binding at the point of offer & acceptance. I didn't say anything about them being legally binding pre contract formation


2) Terms and conditions are legally binding if they constitute part of the contract (which of course comes into being upon purchase).

3) I don't joke about no evidence at all. I ask a question about evidence. A verbal contract is binding(which i stated) but if there is a dispute then terms can be difficult to prove. Hence the need to evidence the terms in the form of a written contract. The posters comment referred to a contract being unenforceable due to illegality, which is a different matter and different rules apply.

And rather than using google for my contract knowledge, ha!, I will stick to Chitty on Contract thanks.

 

[Bill Ryan]

Terms and conditions that relate to usage of a website only are probably less demanding and open to being more generic UNLESS it is an Ecommerce site in which case there is a lot more to think about and get right as the law tends to favour the consumer and that can be expensive if you get things wrong.

If you are talking about your business when selling goods or services, they again can be generic but may not be doing a good or 'legally correct' job for you depending on what you are in business providing.

What you don't know you don't know until it creeps up on you and metaphorically 'bites your bum'. That is the problem with some ways of doing your own T & Cs without proper advice and guidance.

 

[termsandconditions]

How do you go about working on a set of Terms and Conditions and how would you make them a legal binding document before implementing on your website?

I'm a bit late to the party here but the first consideration here is whether you will be trading online or not. If you are not selling online, then all you need is a 'Terms of Use' document and a 'Privacy Policy', the latter is normal when you are collecting e-mails, for example. There are some usable, free examples on the BusinessLink website. Terms of Use basically cover what visitors to your site can and can't do with your site content.

However, if you are selling online (and this could well be assumed from your post), then your online contracts need much more careful thought. This is especially the case if you are selling online to consumers (private individuals). The relevant law here is the Distance Selling Regulations (DSR's) and the E-Commerce Regulations.

Even if you are selling to businesses online, there are some common sense pointers within the DSR's on how to form legally-binding contracts through your e-commerce site. And even though you may be exempt from the DSR's, then you still have to comply with the E-Commerce Regulations. The latter regs mandate you to share certain essential pre-contractual information with your online buyers (whether business or private customers). Such information is usually placed in a business' terms and conditions for the sake of clarity and control.

I would have to agree with Bill in this instance that there is a strong case for getting a bespoke set of online trading terms and conditions from a qualified expert because:

i) practically every example of online terms I personally review contain flaws which leave the online business exposed to loss in the case of a claim (quite apart from the risk of a visit from the OFT); and
ii) you could be missing on some interesting exemptions buried within the DSR's depending on what you are selling.

Best Regards

 

[anita85]

You can visit the following links to make terms and conditions for a website business:
businesslink.gov.uk/
desynes.com