For a new business, the primary focus is typically all about acquiring clients and selling products or services. However, without a contract or terms and conditions of business, it will be difficult for your business to clearly show what you have agreed to provide for fees.
Because securing full payment in advance before starting work isn’t always feasible, terms and conditions are essential. These terms distinctly outline payment conditions and the repercussions should a client falter in meeting these obligations.
If you deal with consumers, then The Consumer Rights Act 2015 dictates measures and protections for consumers together with specific rules for online businesses which must be followed. Terms and conditions are incredibly important even though the law gives consumers protections, eg the 14-day cooling-off period.
In this article, we’ll set out some important information about your business’s terms and conditions, so you can grow your business profitably and compliantly.
What should be included in business terms and conditions?
- Details of services or products
Define precisely what services or products your business provides. Be specific about the scope, quality, and limitations of your offerings. - Pricing and payment terms
Outline your pricing structure clearly. Specify rates, fees, payment methods accepted, invoicing schedules, and any penalties for late payments. - Delivery, shipping, or service timelines
If applicable, detail delivery times, shipping methods, or service completion timelines. This provides clarity regarding when customers can expect their goods or services. - Cancellation, refund, and returns policy
Clearly state your policies for cancellations, refunds, or returns. Define conditions under which cancellations are accepted, refund processes, and any restocking or cancellation fees. - Liability and dispute resolution
Define the extent of your liability and limitations. Explain what happens in case of disputes, whether it involves arbitration, mediation, or any other resolution methods. - Intellectual Property Rights
Clarify who retains ownership of intellectual property rights related to the services or products. This includes copyrights, trademarks, or any proprietary information. - Privacy and data handling
Explain how you handle customer data, ensuring compliance with data protection laws. Describe your data handling practices, confidentiality measures, and customer consent. - Compliance with laws and regulations
Ensure your terms and conditions align with relevant laws and regulations, including consumer protection laws, industry-specific regulations, and GDPR (if applicable). - Termination and renewal
Detail conditions under which the contract can be terminated by either party and how renewals or extensions are managed. - Amendment clause
Include a clause explaining how and when the terms and conditions can be amended, ensuring that customers are notified of any changes.
Is it a legal requirement to have terms and conditions?
Although it isn’t a legal requirement to have business terms and conditions in the UK, you may appear less professional to prospective customers or clients. You also won’t have any protection if something goes wrong.
Can I write my own business terms and conditions?
Yes, you can write your own business terms and conditions. Many businesses create their terms and conditions without the direct involvement of legal professionals, especially when starting out. However, it’s essential to approach this task thoughtfully and meticulously.
Legal expertise can add significant value by providing tailored, legally sound documents. Consider that as your business grows or if you encounter complex legal matters, you want to both protect your interests and comply with applicable laws.
Get support with your business terms and conditions
To get your terms and conditions right first time, get in touch.
I have years of experience supporting a wide range of businesses in all aspects of commercial contracts and will be able to support you with any query you may have.
