Web Development
Terms and Conditions
Texas
Are terms and conditions needed for blogs?
I am the owner of a blog and I am currently in the process of setting it up. I am looking to understand if I need to have terms and conditions set up for my blog, as I have heard that this is a necessary step. I am interested to know if this is true and if so, what type of terms and conditions should I include?
Answers from 1 Lawyer
Answer
Web Development
Texas
Darryl S.
ContractsCounsel verified
Yes, even a website with only a blog should have Terms and Conditions to provide legal protection by limiting liability in the case where someone uses your content in a way that could cause damages to themselves or you. In addition, Ts and C's can clarifying content ownership, clearly define usage guidelines, and ensure compliance with laws. These terms may also specify which jurisdiction's laws govern the website, essential for sites with a global audience.
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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>Web Design
Terms and Conditions
Texas
How often to review terms and conditions?
I am the founder of an e-commerce business and I am in the process of creating Terms and Conditions for our website. I want to ensure that our Terms and Conditions are up to date and legally sound. I am wondering how often I should review and update the Terms and Conditions to ensure that they are still valid and applicable to our business.
Darryl S.
At lease once a year, you should revisit you Ts and Cs to address any changes to your business model or new laws that may apply to your business.
Read 1 attorney answer>Web Design
Terms and Conditions
Texas
Can I change terms and conditions anytime?
I am a small business owner who is looking to update my terms and conditions. I am wondering if I can make changes to my terms and conditions anytime, without having to notify customers in advance. I am particularly concerned with ensuring that customers are aware of any changes, and that I am not in breach of any legal requirements in the process.
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>
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