Providing Protection In An Area Of Increasing Risk
Terms of Service, also called Terms & Conditions or “T&Cs,” are legal agreements that, in addition to others, such as a Privacy Policy, act as an online contract between the owner of a website or other web-based application and those who utilize it. Whether you operate an e-commerce website or some other business with an online presence, Terms & Conditions are necessary to protect your business adequately.
Depending on the type of business and website or app, a Terms & Conditions could include clauses that protect intellectual property to provisions aimed at limiting liability. In addition to considerations about the contents of the T&Cs, 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; Terms & Conditions play a pivotal role in protecting you and your business.
In contrast to Terms & Conditions that an automated tool might generate, Terms & Conditions drafted by a lawyer are specific to your business and ensure that relevant and essential protections are in place. But, perhaps, even more importantly, a lawyer helps ensure that any disadvantageous terms are not included. A set of terms created online by a generator may contain such unwanted clauses, leading a business to unknowingly and unnecessarily increase its risk and not benefit from valuable protections. Astute drafting by a lawyer concerning where to include advantageous clauses and when to exclude those terms that might be disadvantageous is critical, as courts generally hold that Terms & Conditions correctly agreed to online 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.