“Terms and Conditions” is the document governing the contractual relationship between the provider of a service and its user. On the web, this document is often also called “Terms of Service” (ToS), “Terms of Use“, EULA (“End-User License Agreement”), “General Conditions” or “Legal Notes”.
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- What should I do if I run an e-commerce website?
- What should I put for terms and conditions?
- Can I use a terms and conditions template?
- How do I write my own terms and conditions?
- What’s the difference between Terms and Conditions, Terms of Service and Terms of Use?
- Privacy Policy vs. Terms and Conditions: what’s the difference between these two legal documents?
- Generate your own Terms and Conditions document
The Terms and Conditions are nothing other than a contract in which the owner clarifies the conditions of use of its service. Some quick examples are the use of the content (copyright) , the rules that users must follow while interacting with one another on the website / app and, finally, rules related to the cancellation or suspension of a user’s account etc.
Particular emphasis should be given to the limitation of liability clauses (and disclaimers) , for example in cases of malfunctions of the app/ website, or user generated content. You can see an example of a Terms and Conditions clause below.
The Terms and Conditions therefore, represent the document that helps in dealing with problems or preventing them in the first place. Because of that, the Terms and Conditions are fundamental in many cases in order to mount an adequate and proper defense.
Terms of Service set the way in which your product , service or content may be used, in a legally binding way. They are crucial for protecting your content from a copyright perspective as well as for protecting you from potential liabilities.
What should I do if I run an e-commerce website? Is it recommended to create a Terms and Conditions document?
Yes, it is not only advisable but also often mandatory.
Not only are terms critically important for protecting you from potential liabilities, but they regularly contain legally mandated information such as users’ rights, withdrawal or cancellation disclosures.
Generally, a website/app should have an accurate and valid Terms of Service document in place whenever complex issues are at stake, such as in the case of e-commerce, where sensitive information such as payment data is processed.
In e-commerce sites, the Terms of Service is typically the document that contains information related to conditions of sale and disclosures on methods of payment, shipping, delivery, withdrawals, and cancellation conditions etc. – as commonly required by consumer protection regulations. European providers of B2C services (selling goods / services) are also required to include, among other things, an Online Dispute Resolution (ODR) statement that explains the mandatory dispute resolution process online.
💡 You can read more about eCommerce requirements here.
What should I put for terms and conditions?
Creating this document for a website, app, or any other type of service can be complex and requires a comprehensive understanding of your business, legal requirements, and specific risk factors.. While the full content may vary based on the particulars of your business, your document should at least include the following basic information:
- Identification of the business
- Description of the servicethat your site/app provides
- Information on risk allocation, liability, and disclaimers
- Warranty/Guarantee information (where applicable)
- The existence of a withdrawal right (if applicable)
- Safety information, including instructions for proper use (where applicable)
- Terms of delivery of product/service (where applicable)
- Rights of use (if applicable)
- Conditions of use/purchase (eg. age requirements, location-based restrictions)
- Refund policy/exchange/termination of service and related info
- Info related to methods of payment
- Any additional applicable terms
Remember the document must be up-to-date with all applicable regulations, precise, visible and easily understandable so that users can both easily see it and agree to it.
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Can I use a terms and conditions template?
Despite how simple they appear, terms and conditions are meant to meet incredibly complex and highly specific scenarios. Because each terms and conditions document is a legally binding contract that is meant to protect you, the business owner, it’s imperative that the document matches your specific business processes, model, and remains up-to-date with the various laws referenced in its contents. Templates simply cannot do this, therefore, we strongly suggest that you avoid using templates. Read our extended answer to this question here.
How do I write my own terms and conditions?
They are such an important and legally-binding document that you should make sure they are professional and respect your business situation.
Without any legal background, it’s very complicated to write them on your own. That’s why it’s best to seek legal advice. Another strong and probably easier alternative, you can use a Terms and Conditions Generator. It allows you to build and generate your own document in a few clicks, and then install it on your website. Learn how to do this here.
Terms of Use vs. Terms of Service: what’s the difference between Terms and Conditions, Terms of Service and Terms of Use?
In general, there is no legal difference. Terms and conditions, terms of service and terms of use are names all used to refer to the same document. The particular name used at any point in time is simply a matter of preference.
Privacy Policy vs. Terms and Conditions: what’s the difference between these two legal documents?
Privacy policy and terms and conditions are both legally binding agreements, but:
- Privacy policies are legally required under most countries’ legislations. They protect and inform your users and declare your compliance with applicable privacy laws in a legally binding way. While they do give you some leeway in terms of stating things such as how you handle “do not track” requests, they are generally aimed at protecting the user (more in our Legal Requirements Overview).
- Terms and conditions are aimed at protecting the business (you). They give business owners the opportunity to set their rules (within applicable law) of how their service or product may be used including, but not limited to, things like copyright conditions, age limits, and the governing law of the contract. While terms are generally not legally required (like the privacy policy), it is essential for protecting your interests as a business owner.
How iubenda can help you generate and manage a Terms and Conditions document
Customizable from over 100 clauses, available in 11 languages, drafted by an international legal team and up to date with the main international legislations, our Terms and Conditions Generator is capable of handling even the most complex, individual scenarios and customization needs.
Our solution works for businesses of any size, from the single blogger to enterprise level organizations, protecting their interests and their content.It’s optimized for e-commerce, marketplace, SaaS, mobile apps, blogs, publications and more.
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For more information on how to create your terms of use for your site/app
read our guide on How to Generate a Terms and Conditions document.
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See also
- What should basic Terms and Conditions include?
- Can I use a Terms and Conditions template?
- How to generate Terms and Conditions
