Providing Protection In An Area Of Increasing Risk
Have Peace Of Mind Knowing Your Business Is Protected With Robust Terms
Terms of Service, also called Terms & Conditions, are policies that act as contractual agreements between a website owner and those who utilize it. Whether you operate an e-commerce website or some other online business, terms are necessary to protect your business adequately. Therefore, Terms of Service & Conditions should include everything from clauses that protect your intellectual property to provisions aimed at limiting liability. Further, the specific architecture of how users consent to the terms plays a critical role in whether courts will find that there is an enforceable contract. These considerations help illustrate that while Terms & Conditions might seem mundane and meaningless legalese not requiring much attention, the opposite is true.
In contrast to Terms & Conditions, which an automated system might generate, Terms & Conditions drafted by a lawyer are specific to your business and ensure that the essential protections are in place. But, perhaps, even more importantly, a lawyer helps ensure that any disadvantageous terms are not included, which an automated generator may consist of, leading a business to have unknowingly increased its risk. Astute drafting concerning where to include advantageous clauses and when to exclude those that might be disadvantageous is critical, as courts generally hold that Terms of Service are legally enforceable agreements, resulting in the potential for harmful clauses to be used against your business.
At RICHT, we provide clients with an affordable way to protect their business with comprehensive Terms of Service & Conditions specific to the nuances of their particular operations.
- Customized to the specifics of your company to avoid terms that might add legal risk
- Review and consultation to ensure you understand the terms and compliance
- The ability to have updates and advisory with a lawyer already familiar with your business
- Lack of specific advisory and potential inclusion of overbroad terms that increase legal risk
- Lack of understanding of what the terms mean for your business
- Lack of assurance that the terms are up to date with the latest laws
Inquire About How We Can Help You With A Terms of Service & Conditions
Terms & Conditions Law News
Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails
The Ninth Circuit recently considered when consumers assent to terms through interacting with a website. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms.