ContractsCounsel Logo
Home Types of Contracts Website Terms and Conditions

Jump to Section

ContractsCounsel has assisted 211 clients with website terms and conditions and maintains a network of 135 technology lawyers available daily. These lawyers collectively have 21 reviews to help you choose the best lawyer for your needs.

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

Daniel R.

153 projects on CC
CC verified
View Profile

Daehoon P.

203 projects on CC
CC verified
View Profile

Darryl S.

78 projects on CC
CC verified
View Profile

Danny J.

13 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.


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 11,579 reviews

Meet some of our Website Terms and Conditions Lawyers

Sara S. on ContractsCounsel
View Sara
4.9 (85)
Member Since:
July 14, 2023

Sara S.

Attorney
Free Consultation
Washington, D.C.
4 Yrs Experience
Licensed in DC, MD
American University Washington College of Law

With over ten years of intellectual property experience, I’m happy to work on your contractual matter. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk.

Kendall C. on ContractsCounsel
View Kendall
5.0 (6)
Member Since:
March 10, 2023

Kendall C.

Chief Counsel
Free Consultation
Suwanee, Georgia
23 Yrs Experience
Licensed in GA, TX
Tulane University

Kendall is a data privacy attorney by trade, and is an active member of the Bar in Texas and Georgia. In litigation, he handled thousands of cases to final disposition in litigation throughout the United States, Latin America, & Europe. As corporate counsel, he guides companies through the marketing and advertising industry and, by extension, many other industries. Further, Kendall is an adherent to the Ben Hogan school of swing thought and, by natural extension, is a proponent of accurate wedge play through residential neighborhoods. He occasionally aspires to a career in turf management.

Dan "Dragan" I. on ContractsCounsel
View Dan "Dragan"
5.0 (23)
Member Since:
September 21, 2022

Dan "Dragan" I.

Principal Attorney
Free Consultation
Chicago, Illinois
25 Yrs Experience
Licensed in IL
University of Illinois College of Law

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes litigation as well as contracts/transactions. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs. I am currently licensed and authorized to practice before the Illinois courts and the United States District Court for the Northern District of Illinois. Internationally I am one of a select few American attorneys licensed and authorized to practice before the United Nations ICTY/IRMCT, the International Criminal Court, and the State Court of Bosnia-Herzegovina. Clients have retained me internationally alongside local counsel in several European countries, Australia, and Africa in private legal matters. I have also been appointed by the United Nations to represent persons at the ICTY/IRMCT and chosen by indigent accused to represent them. Since 2009 my law firm has handled domestic and international cases, including Trial litigation (including Commercial, Premises Liability, Personal Injury, Criminal Defense, and General Litigation) and Transactional work (Contracts, Corporate formation, and Real Estate Transactions). I enjoy helping less experienced practitioners and students evolve and improve. I served as an instructor/lecturer on Oral Advocacy and Trial Practice for the participants of the ADC-ICT & ICLB Mock Trial since 2014, and have presented Advocacy Training lectures for the ADC-ICT on several topics as well as regularly lecturing to visiting University and Bar groups from around the world. If you or a loved one have a legal matter of importance, let's see if I can help you with it!

Mathew K. on ContractsCounsel
View Mathew
5.0 (3)
Member Since:
February 1, 2022

Mathew K.

Founding Attorney
Free Consultation
Illinois
9 Yrs Experience
Licensed in IL
DePaul University College of Law

Kerbis' practice includes business and real estate transactions, estate planning, and limited scope litigation consulting. Mathew has negotiated deals involving multinational corporate franchises and has collectively helped hundreds of clients with their transactional, civil litigation, and appellate legal needs. Throughout his tenure as an American Bar Association leader, Mathew has advocated for legal education reform, interviewed ABA Presidents and State Appellate and Supreme Court Justices, and lobbied Congress on behalf of the legal profession. As a law student, Mathew served as an extern for the Honorable Justice Robert E. Gordon of the Illinois Appellate Court, First District.

Tina R. on ContractsCounsel
View Tina
4.9 (17)
Member Since:
February 17, 2022

Tina R.

contracts lawyer and websites
Free Consultation
Arlington, VA
17 Yrs Experience
Licensed in DC, IL, VA
Loyola University Chicago

15 years for legal experience; expertise in contracts, healthcare, ERISA, physicians, financial services, commercial contracts, employment agreements, etc. I am adept at all contracts and can provide you with efficient and quality services. I have worked at a law firm, financial services company, consulting ,and non-profit.

Antoine D. on ContractsCounsel
View Antoine
4.8 (3)
Member Since:
February 7, 2022

Antoine D.

Owner
Free Consultation
Fort Lauderdale
8 Yrs Experience
Licensed in FL
Howard University School of Law

In his firm, Talented Tenth Law, Antoine focuses on helping people maximize their protection and prosperity in the courtroom and the boardroom. His firm’s services include representing people in lawsuits involving breach of contract, many types of civil lawsuits and helping business owners win government contracts among other things.

Cecilia O. on ContractsCounsel
View Cecilia
Member Since:
January 31, 2022

Cecilia O.

Contracts Attorney
Free Consultation
San Antonio
17 Yrs Experience
Licensed in CT, MD
Ghana School of Law

With 15 years of extensive transactional/contracts experience reviewing and negotiating commercial contracts including a wide variety of purchase orders and contracts and non-disclosure agreements (NDA), I believe I can immediately contribute to the continued success of your team. I have been commended for a range of valuable skills—excellent contract management and contract administration, legal research, risk analysis, drafting and negotiations, and strategic thinking. I have worked as a legal consultant for 10+ years and I have reviewed over 7,500 contracts through this position. Contracts I have reviewed include but not limited to purchase orders, commercial and construction contracts, equipment rental agreements, non-disclosure, confidentiality, vendor agreements, service agreements, site access agreements, international agreements, request for proposals (RFP), bids and government contracts. These experiences have enabled me to master the ability to work independently and expeditiously to identify and assess issues and provide legally sound recommendations, consistent with good business practices. I have led teams (sales, insurance and management) to successfully negotiate contract terms with customers. Effective Communicator and Negotiator. I am a people person, and for the past 13 years, I have acquired excellent oral and written communication skills that enable me to interact and negotiate effectively with stakeholders at all levels. I am a self-starter with a strong work ethic. I have a high degree of resourcefulness, diligence, and dependability. Most important, I adapt to changing priorities quickly, thriving in an environment with high volume and short turnaround deadlines. My experience over the years allows me to transfer my skills to all types of contracts to meet the client’s needs. I am hopeful to provide similar legal expertise, effective contract administration and leadership to your organization. It would be a pleasure to meet within the next few weeks and discuss how my qualifications, experience, and capabilities will best fit the needs of your outfit.

Find the best lawyer for your project

Browse Lawyers Now

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 11,579 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:
Design Services Master Agreement
Location: Oklahoma
Turnaround: A week
Service: Drafting
Doc Type: Terms and Conditions
Number of Bids: 7
Bid Range: $750 - $1,500

ContractsCounsel User

Recent Project:
Review and modify Terms & Conditions for Jewelry Company.
Location: New York
Turnaround: Over a week
Service: Drafting
Doc Type: Terms and Conditions
Number of Bids: 5
Bid Range: $250 - $1,200

Need help with a Website Terms and Conditions?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,579 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