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  • #1000008
    Nga
    Member
    • Total posts: 5

    I am looking fo for a good template for our business to start off with.

    #1222264
    Rowan@quaotic
    Participant
    • Total posts: 712

    I don’t know what your business is (it’s a good idea to place it in your sig) so I would start by finding a similar business and copy their terms onto a document and go through it piece by piece to think about and edit it to suit your own business. Make sure your terms are legal and easy for your website visitors to understand.

    #1222265
    bb1
    Participant
    • Total posts: 4,472

    I have to strongly disagree with [USER=28171]@Rowan@quaotic[/USER] on this one (sorry don’t normally), but you dont know where the similar business has copied or obtained their terms and conditions from, so you may think it’s relevant, but its not.

    Seek professional advice to protect yourself

    #1222266
    Rowan@quaotic
    Participant
    • Total posts: 712

    It isn’t that difficult Bert, terms and conditions are pretty standard across most businesses. They only set out the legal responsibilities of both sides and definitions, all of which are laid out in consumer protection government websites so are not hard to check.

    Other non-regulated terms can be put in for customer information depending on the individual business but do not override consumer laws.

    Sure, it is best to get legal advice but most small businesses don’t bother because it is not generally necessary. It was something I had to go over in my small business training and customising other businesses terms was considered practical and fine to do by my teacher who had extensive business experience.

    #1222267
    bb1
    Participant
    • Total posts: 4,472
    Rowan@quaotic, post: 268527, member: 28171 wrote:
    It was something I had to go over in my small business training and customising other businesses terms was considered practical and fine to do by my teacher who had extensive business experience.

    Yes and just because they have had extensive business experience, it doesnt make them a good teacher or that they actually know all the legalities. It’s like my kids had a brilliant mathematician as a teacher, but he couldn’t teach to save his life.

    Extract from a government small business website, your teacher may have missed this – It is recommended that you don’t copy T&Cs from another business; no two businesses are exactly the same, plus they may not have obtained legal advice. You are advised to use a commercial contracts lawyer with experience of your industry to prepare or check your T&Cs. Your lawyer will also ensure your T&Cs meet federal and state laws and any industry regulations.

    Plus how many websites have we reviewed on this forum, where the T and C’s directly opposed laws and missed key factors, what if you happened to copy one of them, and didnt know the laws which were relevant. Copy at you own peril.

    #1222268
    JacquiPryor
    Member
    • Total posts: 2,344

    To be fair [USER=28171]@Rowan@quaotic[/USER] originally suggested finding similar and going through them in a document.. but, yes, absolutely work with a lawyer rather than DIY. It can be quite necessary to do so. Every business is different with different needs to be covered… Whilst I do support looking at similar kinds to get an idea of what you might need I must agree with [USER=53375]@bb1[/USER] that ‘copying/adapting’ if you don’t know what you’re doing is not a great approach.

    [USER=117032]@Nga[/USER] if you’d like to give us a bit more information on your business, I’m sure we can all assist in pointing you in the right direction.

    #1222269
    Greg_M
    Member
    • Total posts: 1,691

    I think I’m in the [USER=28171]@Rowan@quaotic[/USER] camp on this one, certainly for a micro business.

    Most small businesses don’t even have one and unless it’s done by a specialist it’s probably useless if tested in court. Which smells like big dollars to me.

    Maybe I’m thick, but terms and conditions in a general business sense means payment terms and warranty of your service and or product. That’s pretty standard stuff and most of it is covered in consumer law I would have thought.

    Online sales and service gets a bit trickier with what you do with customer data etc. But even here, if you’re breaching the law terms and conditions won’t save you.

    The one I’ve seen that look like they’re bullet proof run to many pages of legalese. I think how they work is relying on the fact you’d need a QC’s opinion to challenge them…which covers 99.9% of consumers.

    Personally if they look too thorough I tend to avoid the business, it looks like an arse covering exercise to avoid any possibility of providing real service if they don’t feel like it (why does my bank come to mind?).

    My approach has been simplistic, but I usually just make my intent obvious in plain English…don’t like what I do then don’t pay and I’ll refund any money in hand, I don’t share you data without permission and will delete it on request…anything else is down to a combo of common law, insurance and the protection of the corporate entity I trade with.

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