As well as setting out the framework for the agreement, the terms and conditions that a business uses can also contain the details which must be supplied by law, such as a business’s name and address and other statutory information.
At Hutchinson Thomas we can work with you to draft effective terms and conditions for your organisation that you can be confident will provide a robust legal foundation for all of your contracts. You can also be sure that, in the event they are ever put before a court, they will stand up to scrutiny as well as safeguarding your rights.
The importance of terms and conditions
If a disagreement or misunderstanding arises following a commercial transaction, the terms and conditions which apply will allow the parties to see who is at fault and how the dispute can be resolved.
The document should cover as wide a range of eventualities as possible, such as how payment should be made, the options for cancellation and what will happen in the event of non-payment. These details will often help the parties deal with an issue without recourse to the law, but if litigation does occur, the court will look closely at the terms and conditions of the agreement when reaching its decision.
Website terms and conditions
Although it is not a legal requirement to have terms and conditions on a website, it is always advisable to do this if the website provides goods, services or recommendations. The terms and conditions should be tailored to your particular business so that they protect your interests adequately.
The terms and conditions document should be clearly available to view on the website and customers or clients should have to actively agree to its contents by clicking a button before they can enter into a transaction with your business.
Key clauses in terms and conditions
While every terms and conditions document will be different, key issues that will be covered include the limiting of liability, details of when payments are due and what will happen if a payment is missed, a returns policy in respect of any retail aspect of the business, a confidentiality clause and a complaints procedure.
Advice on terms and conditions
It is impossible to generalise in respect of terms and conditions as they will need to be different for each type of business or service. Having the document drafted specifically for your organisation will protect it in a way that nothing else can. It will also minimise the risk of legal action, which can be a lengthy and expensive undertaking.
From time to time, a business’s terms and conditions should be reviewed and, if necessary, updated. Any change in terms and conditions must be notified to clients and customers and a copy of the new document provided to them. They should also be required to actively agree to it, for example, by clicking a button marked, ‘I Agree’ on your website.
At Hutchinson Thomas we will work with you to understand your business and its requirements before drafting bespoke terms and conditions for you that will protect your interests, reduce the risk of disputes arising and, if a disagreement does occur, allow both parties to see how it can be resolved.
Hutchinson Thomas is the first law firm in Wales to be awarded the Law Society Mark of Excellence. The firm and many of our lawyers are recognised year on year in the Legal 500 publication as leading individuals in their field.
If your organisation needs bespoke terms and conditions drafted and you would like to speak to one of our expert commercial solicitors, please feel free to call us on the following numbers or fill in our contact form.