What terms and conditions are required for my new website?
That all depends on what purpose your website serves. Website terms and conditions will differ depending on whether you are selling goods and services via an online store or just providing information for your users.
Note that we differentiate between website terms and conditions and Software as a Service (SaaS) terms here. The latter is more like a software licence and considerably more complicated. SaaS agreements are a topic for another post.
Common clauses in basic website terms and conditions, include those covering:
- Payment for the goods and services;
- Limiting your liability;
- Protecting your intellectual property;
- Which jurisdiction the terms and conditions apply to (Australia of course, but not necessarily unless you state it!);
- Delivery; and
I need terms and conditions for my website!
That’s great, congratulations on your new website. Call us and we can talk about your business and what you need.
We can help you with website terms and conditions whether you are operating purely online, running a drop shipment website or simply need website terms and conditions as an add on to your bricks and mortar business.
While some people try and take short cuts, steal other people’s terms or use some website terms and conditions generator this rarely results in you obtaining the terms and conditions you need.
It takes someone with skill and experience in the online eCommerce environment to apply critical thinking to your unique scenario. Consider how a delivery of goods clause will differ when you are selling fashion from your local warehouse versus having it drop shipped from China.
Clearly in the latter case you have less control over the timing of the delivery and can’t make promises which cannot be fulfilled.
Similarly, what happens when you sell a product only to find your supplier is out of stock? Here you need to carefully determine when the contract is formed. When you have inventory uncertainties, we draft terms which give you the capacity to reject an order, before the contract is concluded, and you become liable for delivery of a product which you cannot obtain.
Contact Michael Barber for a no obligation discussion about your new venture. No need to fly solo when you have a trusted business adviser with over 20 years’ experience spanning IT, accounting, business and law only a phone call away.
BSc, Grad Dip IT, Grad Cert Bus Admin, MAcct, LLB(Hons), GDLP, MQLS, FGIA.
Commercial, Corporate and Technology Lawyer
Contact Michael here or call on 0421 913 989.