Website Terms and Conditions

Jump to Section

Need help with a legal contract?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

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.

Meet some lawyers on our platform

Scott S.

1 project on CC
View Profile

Forest H.

40 projects on CC
View Profile

Samuel R.

1 project on CC
View Profile

Tim E.

28 projects on CC
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. 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

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.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Website Terms and Conditions Lawyers

ContractsCounsel verified
Attorney
27 years practicing
Free Consultation

After 21 years as an in-house attorney for both large and small organizations, I formed Osensky Law in 2017 to bring my unique in-house counsel insights to entrepreneurs and smaller businesses. Unlike a traditional law firm, my focus is on delivering the kind of legal support a business wants and needs - not just technically correct legal advice, but strategic problem-solving with a focus on providing business value to clients. Since earning my law degree with honors from Tulane University Law School, I worked as in-house counsel for large multinational companies such as Georgia-Pacific and MCI, as well as smaller organizations including Georgia Technology Authority and Georgia Tech. This unique combination of experience allows me to bring together the best practices of all of them. I have led multi-disciplinary teams to achieve important business goals and have successfully negotiated many multi-million dollar deals. Now, as a business owner myself, I can relate to my clients and understand the challenges they face. I have an established reputation for providing practical advice and perspectives based on my legal training combined with over 20 years of practical hands-on experience as a business lawyer and leader. Today, with my firm Osensky Law, I advise clients on starting a new business, buying or selling a small business, and doing business with contracts.

ContractsCounsel verified
Attorney
10 years practicing
Free Consultation

G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.

ContractsCounsel verified
Principal
8 years practicing
Free Consultation

Attorney Greg Corbin is the founder and principal of Signal Law in Denver, Colorado. A top-rated trial and transactional lawyer with more than seven years of total legal experience, Mr. Corbin provides exceptional counsel and support to clients across the greater Denver metro and surrounding areas who have legal needs involving any of the following: business and corporate law; contracts and agreements; incorporations, partnerships and other entity formation and dissolution services; and ongoing business counsel for emerging and expanding commercial enterprises. Utilizing the latest in cost-saving technologies and advanced automation, Mr. Corbin has established his practice as a modern law firm ready for the future, and he strives to provide the highest level of representation to his clients and help them achieve their goals and the favorable outcomes they seek as efficiently and cost-effectively as possible. He has gained a reputation for his innovative solutions as well as his transparent pricing structure and responsiveness when dealing with his clients. In recognition of his outstanding professionalism and service, Mr. Corbin has earned consistent top rankings and endorsements from his peers as being among the top lawyers in his region for business law and transactions. A 2008 graduate of Kansas State University, Mr. Corbin obtained his Juris Doctor from Boston University School of Law in 2013. The Massachusetts Bar Association admitted him to practice that same year, and the Colorado State Bar Association admitted him in 2015. Mr. Corbin is an active member of the Denver Bar Association and the Colorado State Bar Association, among his other professional affiliations, and he supports his local community through his involvement with Project Worthmore and Biking for Baseball, where he serves on the boards of directors.

ContractsCounsel verified
Lawyer
5 years practicing
Free Consultation

The Law Office of David Watson, LLC provides comprehensive and individualized estate-planning services for all stages and phases of life. I listen to your goals and priorities and offer a range of estate-planning services, including trusts, wills, living wills, durable powers of attorney, and other plans to meet your goals. And for convenience and transparency, many estate-planning services are provided at a flat rate.

ContractsCounsel verified
Managing Partner
7 years practicing
Free Consultation

Experienced contracts and business attorney with years of experience advising entrepreneurs and small businesses. Currently act as general counsel to multiple companies with millions in annual revenue. My specialty is creative legal problem solving with solutions tailored to your business.

ContractsCounsel verified
Attorney
2 years practicing
Free Consultation

My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona and Pennsylvania, after having moved to Phoenix in September 2019. I am currently General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Articles of Amendment to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. I have 4 years experience handling commercial breach of contract cases working with Burton Neil & Associates, P.C. I have experience with Intellectual Property infringement after having worked for Ryley Carlock & Applewhite. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.

ContractsCounsel verified
Counsel
2 years practicing
Free Consultation

Atilla Z. Baksay is a Colorado-based attorney practicing transactional and corporate law as well as securities regulation. Atilla represents clients in the negotiation and drafting of transactional (e.g. master service, purchase and sale, license, IP, and SaaS agreements) and corporate (e.g. restricted stock transfers, stock options plans, convertible notes/SAFE/SAFT agreements, bylaws/operating agreements, loan agreements, personal guarantees, and security agreements) contracts, in-house documents (e.g. employment policies, separation agreements, employment/independent contractor/consultant agreements, NDAs, brokerage relationship policies, and office policy memoranda), and digital policies (e.g. terms of service, privacy policies, CCPA notices, and GDPR notices). Atilla also reviews, and issues legal opinions concerning, the security status of digital currencies and assets. Following law school, Atilla practiced international trade law at the Executive Office of the President, Office of the United States Trade Representative, where his practice spanned economic sanctions enacted against goods originating in the People’s Republic of China valued at $500 billion. Afterwards, Atilla joined a Colorado law firm practicing civil litigation, where the majority of his practice comprised of construction defect suits. Today, Atilla's practice spans all corporate matters for clients in Colorado and the District of Columbia.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

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

Request a call