Jump to Section
Need help with a legal contract?
Website terms and conditions are critical in today’s technological climate. You have intellectual property to protect. You also have to protect end-users from posting content that creates a liability for your company.
This article will help you understand the website terms and conditions, what to include on your website, and other vital details.
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 liability limitation will protect you from liability for any offensive or defamatory postings on your site. 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.
72 projects on CC
Legal Requirements for Website Terms and Conditions
Technology lawyers always recommend a customized and well-written agreement while not required by many governments. 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
There is no legal distinction between terms of use vs. terms and conditions. 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. Technology lawyers can help you create the perfect document that protects your legal rights. Speak with a legal professional licensed in your state for more information.
Meet some of our Website Terms and Conditions Lawyers
July 12, 2021
Max M.
Baltimore, Maryland
15 Yrs Experience
Licensed in MD
Georgetown University Law Center
Results oriented business attorney focusing on the health care sector. Formerly worked in Biglaw doing large multi-million dollar mergers and acquisitions, financing, and outside corporate counsel. I brought my skillset to the small firm market, provide the highest level of professionalism and sophistication to smaller and startup companies.
July 20, 2021
Jaroslaw P.
Warsaw, Poland
15 Yrs Experience
Licensed in AK
Wroclaw University - Law
Attorney - I graduated in Law from the University of Wroclaw and in Economics from the Scottish University of Aberdeen; My legal interests include, in particular: contracts, intellectual property, and corporate law, as well as transactional / regulatory advisory along with related risk management (M&A); The industries with which I have worked most often are: IT, real estate and construction, professional sport, industrial chemistry and medicine, oil & gas, energy, and financial services; I possess many years of experiences working with international entities for which I have prepared and negotiated contracts, as well as (due diligence) reports, analyses, litigation documents, and presentations; Apart from law firms, I have also worked for investment banks and big 4 - thanks to that I also gained financial, technological, and consulting experiences; I shall be described by: accuracy, openness, honesty, concreteness, a broad approach to the problem, and ... a lack of bad manners, along with a good sense of humour :)
July 21, 2021
Yaser M.
Houston
12 Yrs Experience
Licensed in TX
University of London
I have practiced law in foreign jurisdiction for more than 11 years and more than one year in Texas. I am Texas licensed attorney. Practice areas include Corporate: incorporation of business entities, drafting of operating agreements, by-laws, and business contracts; Commercial: business disputes, demand letters, cease and desist lettera, dealing with insurance companies, negotiations, settlements of disputes, commercial real estate, and business litigation Litigation: business disputes, personal injury, civil rights, cross-border matters, maritime matters, drafting of litigation pleadings, motion practice, legal research, white-collar defense.
July 25, 2021
Joseph L.
CT
39 Yrs Experience
Licensed in CT
Southwestern University School of Law
Mr. LaRocco's focus is business law, corporate structuring, and contracts. He has a depth of experience working with entrepreneurs and startups, including some small public companies. As a result of his business background, he has not only acted as general counsel to companies, but has also been on the board of directors of several and been a business advisor and strategist. Some clients and projects I have recently done work for include a hospitality consulting company, a web development/marketing agency, a modular home company, an e-commerce consumer goods company, an online ordering app for restaurants, a music file-sharing company, a company that licenses its photos and graphic images, a video editing company, several SaaS companies, a merchant processing/services company, a financial services software company that earned a licensing and marketing contract with Thomson Reuters, and a real estate software company.
July 27, 2021
Harry S.
London
8 Yrs Experience
Licensed in NY
BPP
Stirk Law is a law firm based in London that advises on dispute resolution, commercial and corporate arrangements, employment and private wealth. We are experts in our areas and experienced in advising on complex and high value matters in the UK and internationally. We have extensive onshore and offshore experience across a variety of areas such as the administration of trusts together with complex fraud and trust disputes. Our expertise includes the conduct of significant and high-value cases valued at up to in excess of £1 billion over a combined 40 years of legal practice in England, Jersey and Guernsey. As well as having a large international network, we work closely with a corporate investigations and risk advisory business based in London and Vienna. Together we can deliver a holistic service for cases involving fraud, dissipation of assets or other illegal activity.
July 29, 2021
Talin H.
Chicago
13 Yrs Experience
Licensed in IL
DePaul College of Law
Talin has over a decade of focused experience in business and international law. She is fiercely dedicated to her clients, thorough, detail-oriented, and gets the job done.
July 30, 2021
Sam W.
Los Angeles
8 Yrs Experience
Licensed in CA
Columbus School of Law, The Catholic University of America
Entertainment attorney and film producer. Counsel clients on all matter of entertainment-related contracts, including talent representation, crew deals, financing agreements, and production legal. Former litigation attorney and owner of a documentary and scripted film and television production company. Well versed in small business foundation and general business contracts.
Find the best lawyer for your project
Browse Lawyers NowWebsite Terms and Conditions lawyers by city
related contracts
other helpful articles
"ContractsCounsel puts on-demand legal services in the cloud. Not only is their service more convenient and time-efficient than visiting brick and mortar offices, but it’s more affordable too—and I’ve been universally impressed by the quality of talent provided. If you’re looking for a modern way for your small business to meet legal needs, I can’t recommend them enough!"
"This was an easy way to find an attorney to help me with a contract quickly. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. I ended up finding someone who was a great fit for what I needed."
"ContractsCounsel suited my needs perfectly, and I really appreciate the work to get me a price that worked with my budget and the scope of work."
"I would recommend Contracts Counsel if you require legal work."
"ContractsCounsel helped me find a sensational lawyer who curated a contract fitting my needs quickly and efficiently. I really appreciated the ease of the system and the immediate responses from multiple lawyers!"
-p-60.f6a3b047f4d6.jpeg){kind=avatar}
"ContractsCounsel came through in a big way for my start up. Their platform put me in touch with the right lawyers for my industry and the team was as responsive as humanly possible during the whole process. I'll be back for more contract work in the future, as the lawyers they've vetted for these services are top tier."
-p-60.4f0f42e7f6e3.jpg){kind=avatar}