25th September 2026
New services, different payment arrangements and changes to suppliers can all alter the way a business operates. These changes often happen gradually, while the terms governing customer relationships remain exactly as they were. Over time, this can mean that your terms eventually stop reflecting the way your business operates.
Changes in the law can also mean that terms which were suitable a few years ago may now need to be reviewed and updated.
Joanna Convey, Commercial & Corporate Solicitor at Myers & Co, highlights five signs that your terms are ready for a review, and explains what to consider when bringing updated terms into use.
There is no set legal deadline to update your business terms and conditions. Instead, they should be reviewed when the way your business operates changes or when developments in the law affect the terms you use. Our specialist team recommends reviewing your terms at least every two years.
A useful starting point is to compare your written terms with how your business operates in practice. Look at recent transactions and consider matters such as your payment terms, delivery arrangements and the products or services you now provide. If these have changed but your terms have not, it may be time to update them.
Problems with outdated terms often only become apparent when something goes wrong.
Key takeaways
There are five common signs that your terms and conditions may be in need of a review. Each one can create unnecessary risk if your terms no longer reflect how your business operates.
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What it puts at risk
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What to consider
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| You have introduced new products or services
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Your existing warranties, obligations and liability provisions may not adequately deal with them
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Update your terms to cover what you now provide and the rights and responsibilities that go with it
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| The way customers pay has changed
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Your terms may not properly address deposits, instalments, payment dates or late payment
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Rewrite your payment, interest and debt recovery provisions
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| You have started to sell to consumers
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Consumer transactions are subject to additional requirements around fairness and transparency
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Consider a separate set of consumer terms
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| Your delivery or performance arrangements have changed
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Your terms may no longer accurately describe when or how you will perform your obligations
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Update your timescales and explain what happens if there are delays
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| The law has changed
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Your terms may no longer reflect current legal requirements
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Review your terms against the current law
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None of these changes are unusual. The difficulty is that these changes often happen gradually. Your business moves forward while your terms remain unchanged, and the gap may only become apparent when a customer raises a complaint or a dispute arises.
Yes, if the change affects the way you deal with your customers. That might include what you promise to provide, how you charge or how you handle personal information.
Data protection rules changed in June 2026, including new rules about how businesses deal with complaints relating to personal information. Businesses should therefore check that their privacy notices and customer information provide a clear route for raising complaints.
Usually, not by yourself. Once a contract has been formed, you cannot simply replace the agreed terms with a new set because they suit your business better.
Your existing contract may contain a variation clause that allows certain changes, but what that clause actually permits needs to be checked carefully.
Consumer contracts also require particular care where a business wants the flexibility to change important aspects of the deal.
New orders are different. You can introduce revised terms for future contracts provided the customer is given a genuine opportunity to see them before they place an order. Putting a new version on your website does not necessarily mean it automatically applies to every future transaction. If a new term is particularly unusual or onerous, additional steps may be needed to bring it properly to the customer’s attention.
Consumer contracts need particular care. A clause allowing a business to change key parts of the deal without a good reason, while giving the customer no right to leave, is especially vulnerable to challenge.
Putting things right is usually a matter of taking a few steps in the right order:
1 – Look at whether your current terms match the way you trade now.
2 – Update them to reflect the legal requirements that apply to your business.
3 – Work out how the changes will affect existing customers.
4 – Check your ordering, booking or sign-up process so customers see the new terms before agreeing to buy.
That last step is easily overlooked. There is little benefit in having a great set of terms sitting on your website if they are not properly brought to the customer’s attention when the contract is made.
Whose terms apply if the customer also has their own?
This is often a question of timing. If both sides put forward their own terms, you need to establish which set was incorporated when the contract was formed. Sending your terms after you have already accepted the customer’s order could mean they never became part of the contract.
Do you have to tell customers you have changed your terms?
Not necessarily but check what your existing terms say first. They may require you to notify customers, and different considerations apply where your customers are consumers. In practice, clearly communicating important changes can help avoid misunderstandings and disputes later.
Can you use a template you found online?
You can, but it is a poor starting place. They were written for their business, not yours. They may not reflect how you trade and may have been drafted for a different jurisdiction. Copying them may also expose you to a copyright claim.
Does a tick box or website banner count as agreement?
What matters is not simply whether the customer ticked a box, but whether the terms were brought to their attention and made available before they committed to the purchase.
How often should you review your business terms and conditions?
We recommend a review every two years or sooner if your business has changed. such as a change in what you sell, how you are paid or who you sell to. A review does not mean starting again. Often, only a few clauses need updating.
Your business may have changed considerably since your terms and conditions were first drafted. Your contracts should change with it. The Myers & Co commercial team based in Stoke-on-Trent works with sole traders, partnerships and limited companies across Staffordshire and beyond. We can review the terms you already use, identify where they no longer reflect your business and recommend the changes needed to bring them up to date.
If you do not have suitable terms in place, the team can prepare a set of terms and conditions tailored to how you trade, or review the set you use now and explain what, if anything, needs changing. We can also review and prepare other commercial agreements your business relies upon.
If your business has moved on but your terms have not, contact us on 01782 577000 or make an enquiry. We will explain what needs attention, and the cost involved before starting any work.
