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Do I need Terms & Conditions for my business?

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24/04/2009 send to a friend

Responding to a question from an Enterprise Nation member, Sue McGaughran of online legal service Lime One, tells us about terms and conditions and why they’re good for our home based business.

What are terms and conditions?

Terms and conditions allow a business to set out some “rules” on which they will do business with their clients and customers, whether it be supplying goods and/or providing services.

Why have terms and conditions?

There are many reasons why terms and conditions are vital – here are just a few:

  • To Set out the basis upon which you will supply and/or work for your clients and customers - you can specify how long the customer can have to pay you, your delivery policy, your returns policy, exactly what your services will cover (and what they won’t). Without terms you can be left arguing petty and time consuming issues with your customers.
  • Work within the law - English law imposes duties on businesses so avoid penalties by laying the law down within your terms. This way everyone knows where they stand. If you are selling goods and/or services from a website then you may have to comply with the Distance Selling Regulations. These regs include cancellation rights on orders. If the seller has not advised the customer about their cancellation rights, this can mean that the customer’s usual 7 day rights can been extended to 3 months. This is a situation you’ll want to avoid. 
  • Protect your business - if things go wrong, both you and your clients and customer will understand your position (for example if customers default on payment) and your liability more easily.
  • Move your business forward - other businesses that you work with require your terms and conditions-it’s more professional. When you are setting up facilities with your bank to accept credit card payments the bank will insist on seeing your terms and conditions before they can provide that facility to you.
  • Create a professional image - presenting your terms and conditions at the outset makes your business look and be efficient.

So, the short answer is?

Yes! - Terms and conditions are essential to every business from the start. Often when setting up a business terms and conditions are overlooked, they should be the first thing you consider to take away potential headaches.

With Lime One terms and conditions start from just £40 plus VAT. A small cost to ensure your business knows and plays by the rules.

Other features from Lime One:


 

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Comments

Author: Robert Hempsall

Date: 24/04/2009

Comment: Hi Sue – thanks for a great article.

A query if i may? I am in the midst of creating terms and conditions for my business, particularly around a 'free' service (basically a way to show off what I do to persuade potential clients to give me full projects). I specialise in creating easy to understand information such as forms and instructions, so I feel that for my credibility it's important that I create terms and conditions that reflect this approach, i.e free of numbered clauses, legal terms etc.

My question is this: were I ever to rely on these in court, would the fact that the terms were free of 'legalese' count against me?

Many thanks

Robert

Website: www.roberthempsall.co.uk

Author: Sue McGaughran

Date: 24/04/2009

Comment: Hello Robert,

Thank you for commenting on our article! Law is a dynamically moving subject. Over the years the need for plain English within contracts has been welcomed by the courts.

I would say now that terms must be clear and plain to be enforceable. The clearer the better. I have not had much luck with abandoning numbering in contracts or agreements, but certainly do draft without using legal terms which require explanations of many paragraphs.

Language is imprecise and capable of various interpretations so it sometimes helps to ensure there is clear understanding. I am thinking here of the term 'house' in a document- it can pay to make sure that term covers all types of dwelling.

Sue

Website: www.limeone.com

Author: Robert Hempsall

Date: 24/04/2009

Comment: Thanks for the reply Sue, it's a very interesting one and promising for me in many ways.

I also think it removes some preconceptions many people have about the legal system and its mysterious ways...

Robert

Website: www.roberthempsall.co.uk

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