Website Terms and Conditions: Legal Requirements and When to Use
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What are Website Terms and Conditions?
Website terms and conditions, also known as terms of service agreements and terms and conditions contracts, are the rules that govern the relationship between a website user and website owner or mobile app. They also protect the parties’ legal rights and define acceptable behavior. A website’s terms and conditions may incorporate additional contracts into the document, such as a privacy policy.
Here is an article that also discusses website terms and conditions.
What Should be in Website Terms and Conditions?
Website terms and conditions should establish the legal relationship between the business and the customer and offer legal disclaimers, billing notices, privacy policies, and refund policies. Websites often link terms and conditions in the footer or a “pop up” with a prompt requiring the user to “accept” them.
Here are nine terms and conditions to include on a website:
Term 1. Intellectual Property Rights
You should assert ownership rights over your website’s intellectual property, such as photos, music, written works, and graphics. Include a brief statement establishing your ownership of the original materials and indicating the contexts in which they may be used, if at all.
Term 2. Products or Services Terms
Your customers should have no reservations about the services or products you offer. A comprehensive description should be included in your terms and conditions. Where appropriate, include a minimum duration requirement in your terms and conditions for the supply of goods or services on a permanent or recurring basis.
Term 3. Payment Terms
Your prices should be clearly stated or located where customers can find them. The inclusion or exclusion of applicable taxes from the costs should also be noted in your terms and conditions, as should any offer or price duration. Any shipping charges that apply should be included here, and you should specify the due date for payment and the penalties for non-payment.
Term 4. Guarantees and Warranties
Certain products you sell may be covered by guarantees or warranties, either directly or indirectly through the manufacturer. In these instances, you should specify the start and end dates of the warranty. Additionally, you should indicate what would happen if the customer discovered a defect.
Term 5. Limitation of Liability
A limitation of liability will protect you from liability for any offensive or defamatory postings on your site. This is assuming the language of the clause will hold up in court, especially if there is negligence or intentional wrongdoing involved. If your website permits user-generated content, your terms and conditions should include a clause allowing for it. Otherwise, you could face expensive fines for their original works.
Term 6. Minor-Aged Children
You must follow special rules when your website markets to children under the age of 13. Companies must ensure that their websites adhere to the Children’s Online Privacy Protection Act (COPPA). You may need to follow other relevant laws established by your government, which means you should speak with technology lawyers if your website engages minors.
Term 7. Future Modifications
You may want to amend your website’s terms and conditions from time to time, either to reflect changes in your business or applicable law. Ensure that you include information about how customers will be notified and the amount of notice required in advance of changes.
Term 8. Rules of Conduct
End-users should know how to conduct themselves when interacting with your website. Make it very clear that they may only use your website for its intended person and that all must follow the rules to access your services. In this section, you can specify penalties for violations.
Term 9. Choice of Law
Your terms and conditions should conclude by stating which applicable laws govern them. This statement protects you from having to leave your state or country to handle a civil dispute with an aggrieved party. Most companies choose the governing law clause of their headquarters’ location. It is worth noting that your preferred jurisdiction in your terms may be challenged in court, especially if the jurisdiction is perceived to be unfair to the consumer.
Legal Requirements for Website Terms and Conditions
Technology lawyers always recommend a customized and well-written agreement. While not required by many governments, requirements may vary across different jurisdictions. However, collecting and processing user data may require you to have a privacy policy. For example, the General Data Protection Regulation (GDPR) requires one for GDPR compliance.
The terms and conditions are your contracts with website users, and they lay out the ground rules for what users can expect and what recourse they may have in the event of a dispute. Litigating or defending a case is significantly more challenging without terms and conditions on your website and no other documentation about the transaction.
Image via Pexels by PNW Production
Terms of Use vs. Terms and Conditions
While some may consider ‘Terms of Use’ to be specific to websites or technology applications, there is no legal distinction between them. You can use terms and conditions and terms of use interchangeably and while referring to the same contract. It is a matter of personal preference when determining which one is right for your contract.
Do I need Terms and Conditions on my Website?
You need website terms and conditions if you want to protect your legal rights. Otherwise, your website faces liability in several areas, including unauthorized use, data privacy information, where to send business notices, and more. Drafting customized terms and conditions for your industry, company size, location, and other relevant factors will produce a better result from a legal standpoint.
Here are five reasons why you need terms and conditions on your website:
Reason 1. Prevents End-User Website or App Abuse
Website terms and conditions serve as a legally binding contract. This agreement establishes the terms and conditions users must agree to when using your website or mobile application. You can find information about how to engage appropriately and what happens if users commit a violation.
Reason 2. Protects the Owner’s Intellectual Property Rights
You own your logo, content, and website design. The terms and conditions will inform users that it is your intellectual property. This type of clause is also known as an intellectual property clause.
Reason 3. Ability to Terminate Accounts At-Will
This clause informs users that you reserve the right to terminate abusive accounts and prohibit them from using the service. The termination clause is for websites that permit user registration. It also allows you to disable or ban abusive users based on their account activity and practice.
Reason 4. Limits Your Liability For Mistakes
Terms and conditions frequently include a warranty disclaimer that attempts to limit the website owner’s liability if the website’s content contains errors. Limitations of liability waivers are popular with websites that permit user-generated content.
Reason 5. Establishes Your Choice of Law
A website’s terms and conditions help owners specify which jurisdiction and government they recognize. For example, if your website operates in Oregon and you serve customers worldwide, the choice of law clause communicates that you recognize the laws of the State of Oregon.
Get Legal Help With Website Terms and Conditions
It’s essential to draft your website terms and conditions with several legal considerations in mind. These are the documents that govern your company’s relationship with users, customers, etc., so it is important they are well thought out and defensible. Technology lawyers can help you create the perfect document that protects your legal rights. We recommend speaking with a legal professional licensed in your state for more information.
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Meet some of our Website Terms and Conditions Lawyers
George L.
I am a corporate attorney with offices in Rock Hill, SC, and Lavonia, GA. My practice is focused on contracts, tax, and asset protection planning. I act as a fractional outside general counsel to over 20 businesses in 6 countries. When not practicing law, I can usually be found training my bird dogs.
"Appreciated his insight into contract matters for our start up!"
Steven S.
Steven Stark has more than 35 years of experience in business and commercial law representing start-ups as well as large and small companies spanning a wide variety of industries. Steven has provided winning strategies, valuable advice, and highly effective counsel on legal issues in the areas of Business Entity Formation and Organization, Drafting Key Business Contracts, Trademark and Copyright Registration, Independent Contractor Relationships, and Website Compliance, including Terms and Privacy Policies. Steven has also served as General Counsel for companies providing software development, financial services, digital marketing, and eCommerce platforms. Steven’s tactical business and client focused approach to drafting contracts, polices and corporate documents results in favorable outcomes at a fraction of the typical legal cost to his clients. Steven received his Juris Doctor degree at New York Law School and his Bachelor of Business Administration degree at Hofstra University.
"Reviewed and Revised my Terms of Service and Privacy Policy. Did an outstanding job and was very professional, responsive and had a quick turnaround time. 100% recommend."
Danielle G.
Danielle Giovannone is the principal of Danielle D. Giovannone Law Office. In her experience, Danielle has found that many business do not require in-house legal counsel, but still need outside counsel that knows their business just as well as in-house counsel. This need inspired Danielle to start her firm. Before starting her firm, Danielle served as Contracts Counsel at Siena College and as an attorney at the New York City Department of Education, Office of the General Counsel. At the NYCDOE, she served as lead counsel negotiating and drafting large-scale commercial agreements, including contracts with major technology firms on behalf of the school district. Prior to the NYCDOE, Danielle worked as an associate at a small corporate and securities law firm, where she gained hands-on experience right out of law school. Danielle has provided legal and policy advice on intellectual property and data privacy matters, as well as corporate law, formation and compliance, employer liability, insurance, regulatory matters, general municipal matters and non-profit issues. Danielle holds a J.D. from Fordham University School of Law and a B.S. from Cornell University. She is active in her Capital District community providing pro bono services to the Legal Project, and has served as Co-Chair to the Niskayuna Co-op Nursery School and Vice President of Services to the Craig Elementary School Parent Teacher Organization. Danielle is a member of the New York State Bar Association.
"Danielle is easy to work with, professional and knowledgeable."
Allen L.
Clear, strategic legal guidance when you need it most—whether you're planning ahead or defending a position. Legal challenges shouldn't feel confusing or overwhelming. Whether you're building an estate plan, structuring a business, or navigating a dispute, my practice is built on clarity, care, and practical strategy. I work with clients who want real solutions—not just paperwork—through planning and advice that truly fits their goals, families, and businesses. Planning & Structure I focus on estate planning, asset protection, and business succession, helping individuals and entrepreneurs organize their assets, reduce risk, and prepare for every stage of life. Whether you're setting up your first living trust, shielding your business from liability, or updating an existing estate plan, you'll receive clear guidance, fixed-fee pricing, and responsive support from start to finish. Each plan I design is tailored to your real-world priorities: preserving wealth, avoiding unnecessary taxes and probate, and ensuring the people you love are protected when it matters most. I also focus on general business matters outlined below. Disputes & Defense When legal conflicts arise—disputed contracts, demand letters, settlement negotiations, or litigation decisions—I provide realistic risk assessment and strategic guidance. I help clients understand their actual exposure (not just best-case scenarios), identify leverage points, and navigate toward efficient resolution. If you're facing a legal claim or need to evaluate your position before responding, I can walk you through the realistic options and their costs. Services: Estate Planning & Asset Protection --Simple wills and powers of attorney --Living trusts for small estates --Buy-sell agreements for family businesses Business Formation & Agreements --LLC or S-Corp formation filings --Operating Agreements / Shareholder Agreements --Founder or Investor Agreements --Bylaws and Minutes templates --Registered agent setup guidance Contracts & Commercial Matters --Service Agreements (consulting, marketing, software, design, etc.) --Independent Contractor Agreements --Employment contracts and offer letters --Non-compete, non-solicitation, or confidentiality agreements --Employee handbooks or HR policy updates --Termination or severance agreements --NDAs (Non-Disclosure Agreements) --Partnership or Joint Venture Agreements --Sales or Vendor Contracts --Licensing or IP Agreements Terms and conditions SaaS Platforms --Terms of Service --Privacy Policy --Independent Contractor Agreements --Customer/User Agreements --Liability Waivers --Cancellation & Refund Policy --Non-Solicitation Clauses --Marketplace compliance documents Real Estate --Commercial lease drafting or review --Residential lease review --Purchase & sale agreements --Short-term rental (Airbnb) contracts --Property management agreements Professional Approach: I leverage modern legal research and writing technologies—including AI-assisted tools—to enhance the quality, speed, and clarity of my analysis. Like many legal professionals today, I use these tools to organize research, improve communication, and catch errors. On research tools: case law and statutory verification runs through a vLex/Fastcase subscription, and drafting and first-pass review is AI-assisted. Every analysis I provide is thoroughly reviewed and reflects my independent professional judgment as a licensed attorney. AI is a tool that supports my work; it does not replace it.
"Working with Allen was an absolute pleasure! This was my first time hiring a lawyer, and the experience couldn't have been any better. His proposal immediately demonstrated his expertise in the subject matter, asking questions that other lawyers did not ask in their bids/proposals. During the course of the project, Allen asked questions specific to the industry that I was not expecting to receive given the somewhat niche area it falls into, further impressing upon me how detail-oriented he is. I'm very happy with the end result of the project, and I look forward to working with Allen in the future!"
Jane C.
Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.
"Jane was fantastic. She caught real gaps and fixed everything quickly and accurately. Highly recommend!"
Craig Y.
Craig E. Yaris is a Founding Partner at Holon Law Partners, with the experience and drive to handle all your Franchise, General Business Practice, Estate Planning and Mediation needs. As a former small business owner and Chief Operating Officer of a franchisor himself, Mr. Yaris is passionate about promoting business growth. He has experience handling daily operations, employee disputes, and negotiations of pertinent contracts for a franchise company with 100 locations in five states, where he organized and conducted semi- annual meetings to educate and inform franchisees of best practices for improved growth. In addition, Mr. Yaris was responsible for the preparation and filing of the UFOC (Uniform Franchise Offering Circular) in several states and is well-versed in business formation. Between his time as Franchisor and Conflict Resolution Specialist, Mr. Yaris was the Co-Founder and Chief Operating Officer of an online company whose goal was to help inform marketers and business owners of the fast-paced and ongoing changes within their specific verticals. This experience helped him hone his research and writing skills and prepared him for the cloud-based aspects of Holon Law Partners. Mr. Yaris also has extensive experience in public speaking, as he has planned and delivered several keynote addresses and educational seminars for many New York-based organizations, and as a Continuing Education Instructor for Hofstra University. Prior to joining Parlatore Law Group, Mr. Yaris worked as a Patient Advocate, and more recently, a Conflict Resolution Specialist, where he mediated and resolved disputes on behalf of patients with insurance companies. In this role, he negotiated for coverage of previously denied medications and medical procedures as well as successfully mediated disputes between individuals and business partners which would have otherwise resulted in protracted litigation. In addition, he has experience mediating employer and employee disputes as well as helping resolve family conflict. He has also studied and attended many Non-Violent Communication (NVC) workshops and strives to bring these tools and methods to all of his mediations. His variety of experiences speak to his ability to handle small business needs at all stages of business growth and development. Mr. Yaris also has experience with business growth and development, as he has worked with several small business on creating and implementing strategies for steady growth. In addition, to spending time with family, Mr. Yaris volunteers his time helping spread the message of the ACLU and he supports many local charities focused on families and children. He is admitted to practice in New York.
"Craig was delightful to work with. He explained everything in detail, answered any questions I had and made sure I was comfortable with the information. Highly recommend."
Amy P.
Amy has served as outside general counsel and litigator to established businesses throughout western Washington since 2010. Her passion and focus is providing the best possible representation for clients in the construction, transportation and hospitality industries.
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Browse Lawyers NowLawyer Reviews for Website Terms and Conditions Projects
Flat-Fee Review of Legal Documents for NY LLC Neighborhood App
"Quick and he found a number of things we were missing. Thanks."
Flat-Fee Review of Terms of Service & Privacy Policy for Subscription App
"Fantastic engagement and delivered beyond expectations."
Reply From Allen L.
Thank you so much -- glad the Terms of Service and Privacy Policy review hit the mark for your app. It was a great project to work on, and I wish you continued success with the launch. -Allen
View MoreReview of Terms of Service and Privacy Policy for Mobile App Launch
"I'm a solo developer launching my first app and needed privacy, terms, and disclaimer documents done properly. Mike delivered all three and they were thorough — the disclaimer in particular covers the specific ways an alarm app can fail, which is exactly the risk I needed addressed. What stood out was the follow-through. When I found a typo in one of the paragraphs he'd written, he confirmed the correction the same day and made a point of saying I could reach out again in the future. He was responsive throughout and easy to work with, and he clearly understood what a small software business actually needs rather than handing over boilerplate. If you're a small developer or single-member LLC trying to get your legal documents right before launch, I'd recommend him."
Reply From Michael B.
Pao, you were a pleasure to work with! Best of luck to you guys, I'll be excited to see where tings go.
View MoreWashington Attorney Needed for Flat-Fee Review of SaaS Legal Documents
"Heather reviewed our SaaS terms, privacy policy, and disclaimer on a flat-fee basis and delivered exactly what we needed: clear, practical redlines with plain-English explanations, on schedule. She caught the issues that mattered, including a nuanced state-law privacy question, without over-lawyering, and her turnaround was fast. Easy to work with, business-aware, and I'd hire her again. Highly recommended for early-stage SaaS founders."
Review eCommerce Marketplace Website Terms and Conditions
"Allen went above and beyond for my project. He created a term of service that was far better than the original draft I sent him. He thought of many things I didn't consider. Not only that, he is extremely responsive and turned around my project very quickly. I would give him 10 stars if I could, and I will be coming back for Allen's services in the future!!"
Reply From Allen L.
Thank you for the wonderful review — I really enjoyed digging into the details on this one and finding ways to strengthen the terms beyond the original draft. I'm glad it turned out well for you, and I'd be happy to help again whenever you need it. -Allen
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Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
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ContractsCounsel User
Review of Terms of Use and Privacy policy for e-gifting company
Location: Delaware
Turnaround: A week
Service: Contract Review
Doc Type: Terms and Conditions
Page Count: 15
Number of Bids: 4
Bid Range: $450 - $800
ContractsCounsel User