7th May 2025
Having a well-drafted set of terms and conditions (T&C’s) is important for any business, whether you are selling products, offering services, or running an online store. They set the stage for smooth transactions, help prevent misunderstandings, and protect your business. But what exactly makes a good set of T&C’s?
Here are the top ten things that should be included in your business T&C’s to ensure they are comprehensive and effective.
Start by defining key terms used throughout the document. This helps avoid any ambiguity and ensures that both parties understand the terms in the same way.
For example, specify that a “business day” refers to any day on which regular business operations occur, typically excluding weekends and public holidays, and explain that “force majeure” refers to unforeseeable circumstances or events beyond anyone’s control that can prevent parties from fulfilling contractual obligations.
Clearly state the payment methods accepted, payment deadlines, and consequences for late or non-payment.
This helps avoid any disputes related to financial transactions. Include details on any interest charges for overdue payments and the process for handling payment disputes.
Define the extent of the company’s liability in case of disputes or dissatisfaction. This clause helps protect your business from excessive claims.
Outline the time period for delivery of the products or services, specifying a maximum time from the contract date and the consequences of delays. Include provisions for what happens in case of unforeseen delays and how customers will be notified.
Do you offer your customers any additional protection regarding product quality, durability, or performance? This might be to repair or replace a product within a certain period of discovering a product fault. Clearly state the duration and scope of any warranties provided.
Protect your intellectual property by specifying what users can and cannot do with your content, trademarks, and copyrights. This is crucial for businesses that create original content or products. Include clauses on the use of your brand and any licensing agreements.
Include a clause that outlines the conditions under which either party can terminate the agreement. This ensures that both parties know their rights and obligations should the relationship end. Specify any notice periods required and the process for termination.
It seems obvious, but you should clearly define the products and services to be provided to the customer. Detail the specifications, quality standards, and any limitations or exclusions.
Allow for the possibility of updating your T&C’s as your business evolves or legal requirements change. This ensures that your terms remain relevant and up to date. State how customers will be informed of any changes and their rights in response to these changes.
Specify the legal jurisdiction that will govern the agreement and the methods for resolving any disputes. This provides clarity on how legal issues will be handled. Consider including alternative dispute resolution methods such as mediation or arbitration to avoid lengthy court proceedings.
Remember to ensure your customers agree to your T&C’s, whether that is by a click of a button or by signing a document. This will help you enforce your terms should you need to.
At Myers & Co, we understand that having comprehensive terms and conditions is essential for safeguarding your business interests and building trust with your customers. Our expert team is here to assist you in creating a robust T&C’s document that includes all the essential elements needed to protect your operations and clarify your business relationships.
For further information, please contact Jen Goodwin, Head of Corporate & Associate Director on 01782 491025 or email jen.goodwin@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.
