Business
Terms and Conditions
New York
How much would it be to draft Terms and Conditions for our App?
We are a mobile app that lets homebakers post free baked goods (feature called 'poom') to be claimed by neighbors. Any one can bake and share. No money is exchanged.
Answers from 1 Lawyer
Answer
Business
New York
Ema T.
ContractsCounsel verified
March 12, 2021
The pricing for drafting terms and conditions depends on the complexity of your services and business. The cost can vary significantly. Lawyers can charge anywhere between $500 to $5,000. Any information provided as an answer to these questions does not constitute legal advice and does not create an attorney-client relationship between the attorney and anyone in relation to any information provided under the Q & A section of this website.
People Also Asked
Business
Terms and Conditions
Texas
Are terms and conditions legally binding?
I recently started a business and I am in the process of creating a website for it. As part of the website, I am creating a Terms and Conditions page. I want to make sure that the Terms and Conditions are legally binding so that if I ever need to take legal action against a customer, I am protected. I have read some articles about Terms and Conditions, but I would like to get a professional opinion on the matter.
J.R. S.
Yes, terms and conditions on a business website can generally be enforceable against consumers. The enforceability of terms and conditions on a business website against consumers is not straightforward and depends on various factors, including the type of agreement used, the presentation of these terms, the consumer's acknowledgment of these terms, and the specific provisions within these terms. However, the enforceability primarily hinges on how these terms are presented and whether the consumers were given reasonable notice of these terms. There are three types of electronic form agreements typically used by websites to incorporate terms and conditions: "click-wrap", "browse-wrap", and "sign-in-wrap" agreements. "Click-wrap" agreements necessitate the user's express assent to the terms and conditions by clicking a button that reads "I Agree" or some other method of explicit agreement. In these cases, the consumer is presumed to be aware of the additional terms and conditions and consciously chooses to proceed with the transaction. "Browse-wrap" agreements include terms and conditions either posted on the website, a hyperlink, or are accessible on the screen, but do not require the user's express assent. The validity of these agreements depends on whether a website user has actual or constructive knowledge of a site's terms and conditions prior to using the site. "Sign-in-wrap" agreements involve notifying users of the existence of the website's terms and conditions and advising them that they are agreeing to the terms when registering an account or signing in. Courts usually enforce these agreements when the notice of the terms was "reasonably conspicuous." This can include situations where a hyperlink to the terms and conditions is present on nearly every webpage of the company's website, or when the webpage from which the user indicates their assent contains a conspicuous hyperlink to the agreement. However, there are exceptions to the enforceability of these terms and conditions and much depends on the type of business you are and the specific terms and conditions that you impose on consumers through your website.
Read 1 attorney answer>Technology
Terms and Conditions
New York
Can a company modify their Terms and Conditions without notifying their users?
I recently signed up for an online service and agreed to their Terms and Conditions, which included a clause stating that they can modify the terms at any time without prior notice. However, I have now discovered that the company has made significant changes to the Terms and Conditions, and I was not notified about these changes. I am concerned about the legality of this situation and whether the company can modify the terms without any form of notification to its users.
Muhammad Yar L.
While the general practice is to at least provide users the notice for any material change. However, Companies often include such clauses to allow them to modify any terms without notice. The legality of such language depends on many factors: (a) the interpretation of such language in the terms, (b) the nature of the changes, and (c) the applicable laws governing such terms. However, many courts and regulators expect companies to provide reasonable notice of significant changes, even if the terms state otherwise.
Read 1 attorney answer>Business Contracts
Terms and Conditions
Washington
Can users contest terms and conditions?
I recently started an online business and I am in the process of creating the terms and conditions for my website. I am concerned that users may contest the terms and conditions, and I am looking for advice on how I can ensure that my terms and conditions are legally binding. I would also like to know what the consequences are for users who breach the terms and conditions.
Merry K.
Users can contest anything - the question is would they win. I urge you to get legal advice from a qualified attorney before imposing or changing terms and conditions - I see you have a lot of questions about TOC, and you're not going to get proper legal advice/guidance/review just by posting questions. (And, no, please do not ask for me - this is a specialized field, and I'm not qualified or experienced to help you, much as I would like to).
Read 1 attorney answer>Business Contracts
Terms and Conditions
Washington
Are oral terms and conditions enforceable?
I am a small business owner who is in the process of creating a new website. I am writing my own terms and conditions for the website, and I want to ensure that they are legally enforceable. I understand that written terms and conditions are legally enforceable, but I am unsure if oral terms and conditions are enforceable in the same way. Therefore, I am seeking your advice on the matter.
Merry K.
Whether or not oral (verbal) terms and conditions are enforceable may depend in part on how well the written contract makes it 110% clear that no changes can be made unless they're in writing and signed by all parties in advance. Absent that kind of language in the written agreement, or absent any type of written contract, verbal agreements can be enforced - it's more difficult, of course, than if something is in writing.
Read 1 attorney answer>Contracts
Terms and Conditions
Florida
Why are terms and conditions long?
I am a small business owner who is in the process of creating a website for my business. I have been researching terms and conditions for websites, and I noticed that most of them are very long. I want to make sure that my terms and conditions are comprehensive to protect my business, but I am worried that if they are too long, customers may not read them. That is why I am asking why terms and conditions are so long.
Diane D.
Because every type of situation needs to be covered to protect you. That cannot be done in a paragraph or two.
Read 1 attorney answer>