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.
Answers from 1 Lawyer
Answer
Business Contracts
Washington
Merry K.
ContractsCounsel verified
July 26, 2023
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.
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People Also Asked
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).
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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>Contracts
Terms and Conditions
Florida
Are vague terms and conditions valid?
I recently signed a contract with a company that included terms and conditions. Many of the terms were vague and I'm concerned that they may not be valid. I'm worried that this could put me in a vulnerable position and I want to make sure that I understand my rights and obligations before proceeding.
Diane D.
Yes, vague terms and conditions are valid. If you would like for me to review the contract for you before you sign to let you know what you will be or not be liable for, please contact me at ddowns@dmdlawpa.com
Read 1 attorney answer>Contracts
Terms and Conditions
Florida
Are digital terms and conditions enforceable?
I am a small business owner who is in the process of launching a new website. I am looking to create a Terms and Conditions page for visitors to my website, but I am unsure if digital Terms and Conditions are legally enforceable. I am looking for advice on how to best create a Terms and Conditions page that is legally binding and enforceable.
Diane D.
Yes, digital terms and conditions are legally enforceable. The best way to create them are to have a contract attorney draft them for you.
Read 1 attorney answer>Contracts
Terms and Conditions
Florida
Are there terms and conditions templates?
I am starting a business and I need to create a set of terms and conditions for my customers. I have been researching online, but I am overwhelmed with the amount of information available and I am not sure what the best approach is. I am hoping to find a template to help guide me in the right direction.
Diane D.
Yes. However, a template is a general, non-specific document. Specifying it to your needs can be tricky. You should have a lawyer do it for you because they are trained to limit any liabilities and risks your company may have. It's better to spend the money upfront, then try to get out of a mess letter, which will be much more expensive, especially if you get sued.
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