Home Types of Contracts Website Terms and Conditions

Website Terms and Conditions: Legal Requirements and When to Use

Jump to Section

Quick Facts — Website Terms and Conditions Lawyers

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.

Meet some lawyers on our platform

Allen L.

375 projects on CC
CC verified
View Profile

Faryal A.

463 projects on CC
CC verified
View Profile

Lori B.

301 projects on CC
CC verified
View Profile

Dolan W.

1512 projects on CC
CC verified
View Profile

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.

ContractsCounsel Website Terms and Conditions Image

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.

See Real Terms and Conditions Projects

California Need Terms and Conditions for a Commercial Real Estate SaaS company Drafting
  • California
  • 3 lawyer bids
  • $600 - $1,000
View Details
Pennsylvania Review store policies for e-commerce webstore Drafting
  • Pennsylvania
  • 7 lawyer bids
  • $375 - $2,775
View Details
Texas Online Membership Terms & Conditions Review
  • Texas
  • 6 lawyer bids
  • $255 - $999
View Details
California KidStrong CA Terms of Service (Review needed) Review
  • California
  • 9 lawyer bids
  • $325 - $750
View Details
Wisconsin Draft Terms and Conditions & Privacy Policy for Mobile App Launch Drafting
  • Wisconsin
  • 15 lawyer bids
  • $700 - $2,975
View Details
New York Create Marketplace Terms and Conditions - User and Vendor Specific Drafting
  • New York
  • 14 lawyer bids
  • $599 - $2,400
View Details

See all Terms and Conditions projects


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Website Terms and Conditions?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,821 reviews

Meet some of our Website Terms and Conditions Lawyers

Joshua D. on ContractsCounsel
View Joshua
5.0 (5)
Member Since:
June 5, 2025

Joshua D.

Business Attorney
Free Consultation
Lynn, MA
3 Yrs Experience
Licensed in MA
New England Law | Boston

I am an experienced small business attorney. I work diligently to ensure that small business owners achieve their objectives while maintaining compliance, satisfying legal duties, and engaging in smart contracting opportunities. I provide everything from organization, to lease/commercial real estate purchase agreement review and negotiation, and even IP filings. I can help to navigate commercial and government contracts, as well as other SaaS-type agreements.

Recent  ContractsCounsel Client  Review:
5.0

"Joshua is a phenomenal attorney to work with. He has a personality and isn't monotone to converse with. He is extremely responsive and delivers timely. He answered all my questions, while fairly abiding by the scope of representation. I would work with him again."

Tim E. on ContractsCounsel
View Tim
4.8 (65)
Member Since:
August 12, 2020

Tim E.

Founding Member/Attorney
Free Consultation
Cleveland, OH
12 Yrs Experience
Licensed in OH
Cleveland State University College of Law

I am a business attorney focused on providing practical, targeted legal services for small businesses, startups, contractors, consultants, and service providers. I help clients efficiently review, draft, and improve everyday business contracts, including service agreements, NDAs, independent contractor agreements, vendor contracts, commercial leases, and purchase documents. My approach is straightforward: identify the terms that matter, explain risks in plain English, and deliver clear, usable edits or drafts without unnecessary complexity. I regularly handle fixed-fee, quick-turnaround projects such as contract reviews, agreement drafting, and demand or termination letters. While I offer streamlined, project-based services for routine matters, I can also assist with broader business legal needs as they arise.

Recent  ContractsCounsel Client  Review:
5.0

"Excellent experience with Tim on my relatively complex EULA for a suite of network appliance products. Tim was very fair with pricing, responsive, diligent, thorough, technically knowledgeable, took the time to address all my questions and concerns, and finished (with revision) on schedule and budget. Great experience overall and I'll definitely be using Tim for more work in the future with my business. I'll also be using Contract Counsel and recommending it to everyone I know as well! THANK YOU! -Devin"

Angela Y. on ContractsCounsel
View Angela
5.0 (8)
Member Since:
June 16, 2022

Angela Y.

Founder and Managing Partner
Free Consultation
New Jersey
11 Yrs Experience
Licensed in NJ, NY
Rutgers University School of Law

NJ and NY corporate contract lawyer and founder of a firm specializing in helping entrepreneurs. With a background in law firms, technology, and world class corporate departments, I've handled contracts and negotiations for everything from commercial leases and one-off sales agreements, to multi-million dollar asset sales. I love taking a customer-focused and business-minded approach to helping my clients achieve their goals. Other information: learning to surf, lover of travel, and one-time marathoner (NYC 2018) yulawlegal.com

Recent  ContractsCounsel Client  Review:
5.0

"Angela is simply phenomenal. Nothing else to say; if she bids on your project, hire her!"

William B. on ContractsCounsel
View William
4.8 (54)
Member Since:
May 23, 2025

William B.

Attorney
Free Consultation
Glendale, CA
5 Yrs Experience
Licensed in CA
Southwestern Law School

Attorney based in Southern California (for in-person matters), taking clients globally/remotely for CA-specific and Federal legals needs. Owner and operator of Alchemist Attorney, Inc. (www.alchemistattorney.com).

Recent  ContractsCounsel Client  Review:
5.0

"Will contributed insightful and precisely explained revisions for technical software licensing terms and I'm very satisfied with the result."

Bryan R. on ContractsCounsel
View Bryan
5.0 (6)
Member Since:
May 13, 2026

Bryan R.

Contracts Attorney & Legal Counsel
Hanover, MD
14 Yrs Experience
Licensed in MD
The George Washington University Law School

Bryan J. Reddix is an experienced attorney and contracts management professional with over a decade of expertise navigating complex commercial and government contracting. Serving as both internal General Counsel and a senior Contracts Director, Bryan specializes in drafting, negotiating, and risk-mitigating a wide spectrum of agreements across the technology, federal procurement, and small business sectors. His deep familiarity with the Federal Acquisition Regulation (FAR/DFARS), corporate compliance, and intellectual property allows him to provide holistic, strategic legal guidance that protects business interests while driving profitability.

Recent  ContractsCounsel Client  Review:
5.0

"Bryan was informative and guided us on lot of questions. would love to work with him again on some other initiative"

Cameron S. on ContractsCounsel
View Cameron
Member Since:
January 24, 2022
Brittany B. on ContractsCounsel
View Brittany
Member Since:
December 4, 2021

Brittany B.

Attorney
Free Consultation
Ann Arbor, MI
12 Yrs Experience
Licensed in MI
Wayne State University Law School

Brittany advises startups and emerging and public companies at all stages of growth, with focuses on formation and corporate governance matters, securities, venture capital financings, M&A and other strategic transactions, commercial contracts and general corporate counseling. Brittany represents clients across a broad spectrum of industries, including technology, automotive, mobility, digital health, consumer products and manufacturing.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Website Terms and Conditions Projects

Review and Revise Terms of Service and Privacy Policy Documents

5.0

"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."

Texas
Review
Terms and Conditions
ContractsCounsel User

Draft Terms of Service & Privacy Policy for SaaS App in California

5.0

"Fast and easy to work with. Highly recommend."

California
Drafting
Terms and Conditions
ContractsCounsel User

Create Terms and Conditions

5.0

"Working with Daehoon on our privacy policy and terms of service was an outstanding experience. What set this engagement apart was the level of thoroughness brought to every aspect of the deliverables, not just the documents themselves, but the supporting materials that made implementation genuinely manageable. Particularly valuable were the issue triage workflows, which gave our team a clear, step-by-step framework for identifying and escalating privacy and compliance concerns as they arise. Equally impressive was the pre-launch checklist, which ensured nothing was overlooked before going live."

Illinois
Drafting
Terms and Conditions
ContractsCounsel User

Review of Engineering Services Proposal & Terms and Conditions

5.0

"Alex Nahai Law Office handled contract counsel for my business and made the whole process painless. Alex was responsive, explained the terms in plain English, and flagged the things that actually mattered instead of burying me in legalese. I felt genuinely protected on the deal. Highly recommend for any small business owner who needs contracts done right."

California
Review
Terms and Conditions
ContractsCounsel User

Legal Assistance for Terms of Service & Privacy Policy for Social Network

5.0

"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!"

Reply From Allen L.

View More
Texas
Hourly
Drafting
Terms and Conditions
ContractsCounsel User

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Website Terms and Conditions?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,821 reviews
Technology lawyers by top cities
See All Technology Lawyers
Website Terms and Conditions lawyers by city
See All Website Terms and Conditions Lawyers

ContractsCounsel User

Recent Project:
Terms and Conditions for Life Coaching Business
Location: New Jersey
Turnaround: A week
Service: Drafting
Doc Type: Terms and Conditions
Number of Bids: 7
Bid Range: $395 - $1,995
User Feedback:
Angela is simply phenomenal. Nothing else to say; if she bids on your project, hire her!

ContractsCounsel User

Recent Project:
Online Membership Terms & Conditions
Location: Texas
Turnaround: A week
Service: Contract Review
Doc Type: Terms and Conditions
Page Count: 2
Number of Bids: 6
Bid Range: $255 - $999

Need help with a Website Terms and Conditions?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,821 reviews

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