Last Updated March 15, 2024
Written by
Ingvill Walmann Byrknes Ingvill Walmann Byrknes, BA
Ingvill Walmann Byrknes is a professional content writer and editor. After getting a Diploma in Library and Information Sciences from OsloMet University, Ingvill left Norway behind and ...
Reviewed by
Ngaire King Ngaire King, BA, JD
Ngaire King is Legal Counsel for LawDepot. Ngaire has been working in the legal field for over five years and was called to the bar in Alberta in 2020. Before becoming a lawyer, Ngaire ...
|
Fact checked by
Kyle Adam Kyle Adam, BComm
Kyle Adam is a seasoned content creator, editor, and SEO specialist with over four years of experience. Presently, he serves as Senior Marketing Writer and Editor at LawDepot. Holding a...
What are Website Terms and Conditions?
Website Terms and Conditions outline the rules and regulations of a website, acting as a legal contract for a website’s users. They offer guidelines for user behavior and confirm that users agree to follow the website’s rules. Terms and Conditions also inform the users of what to expect when using the site.
Creating custom Terms and Conditions for your website lets you protect yourself and your business or organization from potential legal trouble by communicating rules and responsibilities to users.
Website Terms and Conditions are also known as:
- Website terms of use
- Website terms of service
Why do I need Terms and Conditions for my website?
Website Terms and Conditions let you establish contractual terms with your website’s users. You can outline prohibited behaviors, establish the website’s conditions, and protect yourself from being held accountable for errors or misinformation.
By creating detailed Terms and Conditions for your website, you can:
- Prevent abuse of your site and other users
- Establish ownership of site content
- Limit your and your company’s liability
When should I use Website Terms and Conditions?
Use Website Terms and Conditions any time you build a new website. No matter what type of page it is, whether it’s a blog, online shop, portfolio, media site, or site for your new business, having Terms and Conditions on your website protects you and your users.
Using standard, generic Terms and Conditions isn’t recommended, and reusing Terms and Conditions from other websites won’t give you the protection you need. Additionally, copying another site’s Terms and Conditions could count as a copyright infringement.
To avoid lackluster protection and potential lawsuits, you need to create custom Terms and Conditions for every website.
How do I write Terms and Conditions for my website?
Website Terms and Conditions contain information about your organization, your site, and user behaviors and rights. A court will reference the document if there is ever a case against your organization, so you should be thorough and detailed when writing it.
LawDepot’s template makes the process easy with a simple and accessible questionnaire that you can fill out in minutes.
As the website’s owner, start by providing your or your organization’s full name, the website’s domain, and the state where the website is based. Your Terms and Conditions will be customized according to the laws of the state you choose.
Provide a way for users to contact you, such as a phone number, email, and address. Some websites also have a feedback form as a way of contact, so include this information if you have one.
Every website has specific functions and attributes that are important to note when creating your Terms and Conditions. To ensure your Terms and Conditions include the necessary information, you’ll need to note:
- If there’s a minimum age requirement for users on your site
- If users can create an account on your site
- If users can buy goods or services on your site
- If users can share their own content or create public posts on your site
- The payment methods your site accepts, if applicable
For any websites that sell goods or services, you’ll need to include information about what kind of goods or services you offer. Specify if the purchases are one-time-only or if your organization offers a subscription service. For subscription services, you should also indicate if it renews automatically and what your cancellation policy is like.
3. Third-party contributions
Specify if your website sells products or offers services from third-party companies. You also need to clarify if your site will contain ads or links for third-party sites.
4. User behaviors
You can limit user behaviors by specifying unacceptable uses of your website. Some behaviors you might want to prohibit users from engaging with are:
- Harassing or abusing other users
- Violating the rights of other users
- Committing copyright infringement against the site owners or any third-party on the site
- Hacking user accounts
- Committing fraudulent acts
- Posting material that may be deemed inappropriate or offensive
You can also specify any other user behavior you wish to prohibit that might be specific to your site.
5. Guarantees
Depending on the nature of your website, you can include a guarantee in your Terms and Conditions. A guarantee is a promise on behalf of the company or entity to fulfill certain conditions.
For example, suppose a fitness instructor is selling an e-book with a 30-day personal training guide. The Terms and Conditions might include a guarantee that if they ever update that particular e-book, everyone who previously purchased a copy will receive an updated edition.
6. Disputes
You can choose to include details on how you will resolve any disputes between you and your website’s users. Conflicts can be resolved with mediation, arbitration, or mediation then arbitration.
You can also set who will be responsible for the costs of the mediation or arbitration. You’ll have the options of:
- Splitting the cost equally
- Holding the losing party responsible
- Not including any details about costs
Note that even if you include this section on disputes, your Terms and Conditions will still allow disputes to be brought to a small claims court. Users of your site can make claims of intellectual property infringement and injunctive relief.
7. Additional clauses
If there’s anything specific to your website that you think is crucial to include, you can write your own additional clauses. Some guidelines for writing custom clauses are:
- Write your clauses clearly and in plain language
- Limit them to one paragraph in length
- Use a new clause for each unique point
- Use any predefined terms, such as Site, in your clauses
8. Choose an effective date
Set the date on which your Website Terms and Conditions will come into effect.
Does the law require Website Terms and Conditions?
No, Website Terms and Conditions aren’t legally required. However, creating Terms and Conditions for your website is a legally smart choice. A properly written set of Terms and Conditions can offer protection by limiting your company’s liability should a user or customer ever take you to court.
If you sell goods and services on your website, consumer protection law requires that you disclose certain information to consumers before they make a purchase. Your Terms and Conditions page is a good place to include some of that information.
Are Website Terms and Conditions legally binding?
Website Terms and Conditions are legally binding, but only if certain conditions are met. In order to count as a legal contract, the Terms and Conditions must be:
- Apparent to the user. The Terms and Conditions should be easy to find and not buried under several other pages.
- Accepted by the user. Typically, by using the website, a user indicates that they agree to the Terms and Conditions and willingly enter the contract.
- Written in accordance with the appropriate laws governing website use and user data. State laws vary, but LawDepot’s template is adjusted according to the laws of the state you choose.
If these conditions are met, then the Terms and Conditions will likely be upheld in court as a legally binding contract.
What’s the difference between Terms and Conditions and Privacy Policies?
Terms and Conditions and Privacy Policies are both important documents that cover different aspects of security for your website and users.
Website Terms and Conditions aren’t always legally required, but they help protect the site by setting rules and conditions for its use. A Website Privacy Policy, on the other hand, is often legally required to protect users. The Privacy Policy informs users of how you’ll use their data and outlines practices for collecting, using, disclosing, protecting, and managing personal information.
Because websites tend to be international, they can be affected by international privacy laws.
Use LawDepot’s Privacy Policy template to ensure you’re covering all your bases when it comes to collecting, processing, and protecting user data.
Do I need a lawyer to create Terms and Conditions?
No, you don’t need to hire a lawyer to create your Website Terms and Conditions. However, consulting a lawyer can help ensure your document meets your organization’s needs and follows the appropriate laws.
Can I make changes to my Website Terms and Conditions?
You can absolutely change your site’s Terms and Conditions — and you probably should periodically. Any time you change something on your site that might affect your users, you should update the Terms and Conditions to reflect those changes.
You might need to update your Terms and Conditions for the following reasons:
- Implementing new software
- Starting to sell goods and services
- Complying with the legal requirements of new laws
- Creating an easier-to-read or more descriptive set of conditions
- Adding new website functionalities
Note that any time you make changes to your Terms and Conditions, you should notify your users about the changes before they occur.
Failing to update your Terms and Conditions when necessary can result in negative consequences for your organization. If your changes impact a user’s rights, you might be opening up your organization to otherwise avoidable lawsuits. If a user isn’t aware of these changes, they can argue that they never agreed to them.
