ContractsCounsel Logo

Terms and Conditions

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 9,835 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Types of Contracts Terms and Conditions

Jump to Section

Terms and conditions are the vital details that businesses put in place to ensure that they protect their rights. However, you should also ensure that they are legal, enforceable, and serve their intended purpose. Otherwise, you leave your company exposed to legal liabilities or unwanted consequences.

Rather than leave your contracts to best guesses, check out the information below to learn more about terms and conditions.

What are Terms and Conditions?

Terms and conditions are part of a contract that ensure parties understand their contractual rights and obligations. Parties draft them into a legal contract, also called a legal agreement, in accordance with local, state, and federal contract laws. They set important boundaries that all contract principals must uphold.

Types of legal contracts that contain terms and conditions include:

Please note, the above list is not exhaustive and there are many more types of legal contracts that could be added.

Several contract types utilize terms and conditions. When there is a formal agreement to create with another individual or entity, consider how you would like to structure your deal and negotiate the terms and conditions with the other side before finalizing anything. This strategy will help foster a sense of importance and inclusion on all sides.

What’s Included in Terms and Conditions

Terms and conditions are very broad in the abstract sense. However, they contain more specific provisions depending upon the contract size, industry, and complexity. You will find that there are standard components included across several types of terms and conditions.

Terms and conditions may include:

Each one of these terms and conditions has a purpose. Some agreements require certain provisions, while others do not. The only way you can be sure about your terms and conditions requirements is by discussing your project with a contract lawyer.

Purpose of Terms and Conditions

The purpose of terms and conditions is to provide a set of instructions for all parties of a contract. They also offer guidance to courts regarding the intent and purpose of the transaction at the time it was created.

Elements of terms and conditions may include:

  • Rights
  • Obligations
  • Duties
  • Roles
  • Responsibilities
  • Consideration
  • Handling disputes
  • Important dates
  • Deliverables
  • Payment terms
  • Limitations

Terms and conditions exist to inform people of their rights when engaging in a business transaction. They carry legal implications of which both parties should be aware. Carefully review all contracts before signing them since many do not let you cancel them without penalty before fulfilling your obligations.

Terms and Conditions vs. Terms of Service

Terms and conditions and terms of service are different. Using them interchangeably will result in legal errors or miscommunications. Avoid this situation by reviewing their definitions separately.

Below, check out the differences between terms and conditions vs. terms of service.

Meet some lawyers on our platform

Zachary J.

301 projects on CC
View Profile

James H.

10 projects on CC
View Profile

Darryl S.

30 projects on CC
View Profile

Sara S.

105 projects on CC
View Profile

Terms and Conditions

Terms and conditions refer to the contractual rights and obligations of a party to any contract. They refer to the broader concept of guidelines that parties must follow in an agreement. Your business can create them for any formalized business agreement.

Terms of Service

In contrast, terms of service, also referred to as terms of use, are the eCommerce terms and conditions surrounding the use of a service or application and must comply with the General Data Protection Regulation (GDPR) guidelines. Software companies utilize them more often than other industries. Use terms of service when your company offers a business service, too.

Examples of Terms and Conditions

Terms and conditions are essential for any type of formal relationship. If you want to protect your legal rights, remember to always get it in writing. Otherwise, it’s your accusation against the other party in case a future dispute arises.

Examples of when to use terms and conditions include:

  • Engaging in business with others
  • Working for a company as an employee
  • Selling products to consumers online
  • Organizing a sweepstakes or lottery for participation
  • Selling policies an insurance provider
  • Offering services as a real estate professional
  • Providing services as a construction contractor
  • Building websites for customers
  • Drafting a prenuptial agreement for high net worth couples
  • Lending money or offering services to bank customers
  • Hiring a freelancer through a job talent marketplace
  • Taking people out on adventure excursions commercially
  • Renting out hotel rooms to consumers
  • Including a warranty with a consumer product

There are several reasons to include terms and conditions in a transaction. The rule of thumb is to incorporate them into your deal when providing a service or dealing with a sale in excess of $500. You should also utilize them when required by your industry or professional licensing organizations.

ContractsCounsel Terms and Conditions Image

Image via Pexels by Linkedin Sales Navigator

Getting Help with Terms and Conditions

Your business must write airtight terms and conditions. An effective agreement mitigates the chances of a dispute and costly litigation. Ensure that an attorney drafts and negotiates your contract when getting help with terms and conditions.

These are a few other reasons that you will want to work with an attorney:

Reason 1. Understands Contracts

Poorly drafted contracts don’t perform as intended. Your attorney will review your situation to determine which provisions you should include in your agreement. They can also participate in negotiation discussions with the other party throughout the process if desired.

Reason 2. Guarantees Enforceability

If your terms and conditions are unenforceable, then they don’t serve your purpose. Your attorney has command of relevant contract laws to prevent this predicament from arising. It’s their job to guarantee that you walk away with an enforceable contract.

Reason 3. Knows Contract Law

Terms and conditions are subject to common contract laws. They must also comply with local, state, and federal laws. Whether you operate one or multiple locations, hire an experienced attorney to help you navigate this aspect of your agreements.

Reason 4. Prepared for a Dispute

It’s reassuring when someone understands your business’ legal history. Contract lawyers are also ready to handle a legal dispute if you face one down the road. They can help you renegotiate terms in case things change or fight them out in court.

Avoid Making Legal Mistakes

As you can see, the most proactive way to get legal help is by speak with contract attorneys. It is tempting to use boilerplate templates, but keep in mind that these agreements were created for another business at one point. Avoid inadvertent legal mistakes that can cost you your company by seeking advice from a licensed professional.

Need help with a Terms and Conditions?

Create a free project posting

Meet some of our Terms and Conditions Lawyers

Curt B. on ContractsCounsel
View Curt
5.0 (3)
Member Since:
March 25, 2023

Curt B.

Managing Partner
Free Consultation
Los Angeles, California
10 Yrs Experience
Licensed in CA, DC, FL, IL, MI
UCLA School of Law

Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.

Gregory B. on ContractsCounsel
View Gregory
5.0 (84)
Member Since:
October 18, 2021

Gregory B.

Attorney
Free Consultation
San Diego, CA
5 Yrs Experience
Licensed in CA
University of San Diego

I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.

Jeff C. on ContractsCounsel
View Jeff
5.0 (8)
Member Since:
July 31, 2020

Jeff C.

Outside General Counsel / Business Attorney
Free Consultation
Colorado
37 Yrs Experience
Licensed in CO, OR
University of Oregon

Experienced and broad based corporate/business attorney and Outside General Counsel (OGC), for start-ups, small businesses and growing companies of all sizes, advising and assisting clients with corporate and LLC formation, contracts and agreements, internet and terms of use/service agreements, trademarks and intellectual property protection, the purchase and sale of businesses (M&A), labor and employment matters, compliance and risk management, corporate governance, and commercial leasing matters. See other reviews on my website at www.ogcservices.net/reviews

Michael B. on ContractsCounsel
View Michael
4.8 (13)
Member Since:
October 30, 2020

Michael B.

Attorney
Free Consultation
Illinois
14 Yrs Experience
Licensed in IL, MN, WI
University of the Pacific

Michael has extensive experience advising companies from start-ups to established publicly-traded companies . He has represented businesses in a wide array of fields IT consulting, software solutions, web design/ development, financial services, SaaS, data storage, and others. Areas of expertise include contract drafting and negotiation, terms of use, business structuring and funding, company and employee policies, general transactional issues as well as licensing and regulatory compliance. His prior experience before entering private practice includes negotiating sales contracts for a Fortune 500 healthcare company, as well as regulatory compliance contracts for a publicly traded dental manufacturer. Mr. Brennan firmly believes that every business deserves a lawyer that is both responsive and dependable, and he strives to provide that type of service to every client.

John H. on ContractsCounsel
View John
Member Since:
November 11, 2020

John H.

Attorney-at-Law
Free Consultation
Mobile, AL
13 Yrs Experience
Licensed in AL
Thomas Goode Jones School of Law

John Daniel "J.D." Hawke is an experienced attorney with a law practice in Mobile, Alabama. He was born in Fairhope, Alabama and after earning his undergraduate degree at Auburn University, he received a law degree from Thomas Goode Jones School of Law in 2010. After law school, he formed the Law Office of J.D. Hawke LLC and over the last decade he has fought incredibly hard for each and everyone of his clients. His practice focuses on representing people facing criminal charges and clients dealing with family law matters. In addition to criminal defense and domestic relations cases, he also regularly handles contract disputes, personal injury cases, small business issues, landlord/tenant disputes, document drafting, and estate planning. He is licensed to practice law in the State of Alabama and the United States District Court for the Southern District of Alabama.

Thomas C. on ContractsCounsel
View Thomas
Member Since:
October 30, 2020

Thomas C.

Partner
Free Consultation
Denver, CO
11 Yrs Experience
Licensed in CO
University of Colorado Law School

Thomas Codevilla is Partner at SK&S Law Group where he focuses on Data Privacy, Security, Commercial Contracts, Corporate Finance, and Intellectual Property. Read more at Skandslegal.com Thomas’s clients range from startups to large enterprises. He specializes in working with businesses to build risk-based data privacy and security systems from the ground up. He has deep experience in GDPR, CCPA, COPPA, FERPA, CALOPPA, and other state privacy laws. He holds the CIPP/US and CIPP/E designations from the International Association of Privacy Professionals. Alongside his privacy practice he brings a decade of public and private transactional experience, including formations, financings, M&A, corporate governance, securities, intellectual property licensing, manufacturing, regulatory compliance, international distribution, China contracts, and software-as-a-service agreements.

Lyndsey G. on ContractsCounsel
View Lyndsey
Member Since:
October 30, 2020

Lyndsey G.

Attorney
Free Consultation
Roseville, MN
10 Yrs Experience
Licensed in MN
Mitchell Hamline College of Law

Attorney of 6 years with experience evaluating and drafting contracts, formation document, and policies and procedures in multiple industries. Expanded to estate planning last year.

Find the best lawyer for your project

Browse Lawyers Now

Web Design

Terms and Conditions

Texas

Asked on Nov 30, 2023

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.

Answered Jan 2, 2024

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 Development

Terms and Conditions

Texas

Asked on Dec 3, 2023

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?

Darryl S.

Answered Jan 2, 2024

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.

Read 1 attorney answer>

Privacy

Terms and Conditions

California

Asked on Sep 30, 2021

SaaS Agreement for beta use for anyone

We are a technology SaaS startup in the process of launching our product. We need an agreement that covers our beta period of a few months. We are allowing anyone to use it in this period to market the product. The usage is free of cost. Besides the standard SaaS terms, we want terms to cover for any issues with data loss/protection and anything that can possibly go wrong as we are still in beta and have a few things to fix before we go live in production. Please let me know how much this will cost and when we can have it available. We are a Southern California based company in infancy.

Gregory B.

Answered Oct 29, 2021

This is a pretty standard document. The biggest concern is just making sure that the document reflects the reality of how customer data will be used. Usually a Privacy Policy is referenced in the terms, and is likely one of the most important documents for a CA startup.

Read 1 attorney answer>

Business Contracts

Terms and Conditions

Washington

Asked on Nov 29, 2023

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 A.

Answered Dec 26, 2023

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>

Contracts

Terms and Conditions

Florida

Asked on Nov 30, 2023

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.

Answered Dec 12, 2023

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>
See more legal questions…

Need help with a Terms and Conditions?

Create a free project posting
Business lawyers by top cities
See All Business Lawyers
Terms and Conditions lawyers by city
See All Terms and Conditions Lawyers

ContractsCounsel User

Recent Project:
Affilate offer on Clickbank. Need Privacy Policy, Terms and conditions and Disclaimer
Location: Wyoming
Turnaround: Less than a week
Service: Drafting
Doc Type: Terms and Conditions
Number of Bids: 6
Bid Range: $450 - $2,500

ContractsCounsel User

Recent Project:
Collaboration agreement
Location: Illinois
Turnaround: Less than a week
Service: Contract Review
Doc Type: Terms and Conditions
Page Count: 3
Number of Bids: 6
Bid Range: $319.99 - $1,650
related contracts
See More Contracts
other helpful articles

Need help with a Terms and Conditions?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city