The Most Frequently Asked Questions Regarding Terms & Conditions
No matter which way your business is run, be it in person or online, a comprehensive set of terms & conditions is a crucial element of any thriving business. The most successful method to ensuring your terms and conditions work to protect your business is to have them put together or signed off by a professional business law solicitor.
Here at Tinsdills Solicitors, we are committed to making sure that your business is fully protected. With this in mind, our dedicated team of expert business law solicitors are here to guide you on the standard of your terms and conditions.
Issues surrounding terms and conditions can be complex and hard to understand. We have a team of solicitors who are vastly experienced in business law and terms & conditions.
Below you will find a rundown of the most frequently asked questions on terms and conditions, as well as helpful answers for each. If you have a question that you can’t see here, feel free to get in touch with us, and we’d be happy to help.
Terms & Conditions Frequently Asked Questions
It will depend on the length of your terms and conditions as to whether this will be feasible. Terms and conditions must be written in plain and simple English, with as little jargon or technical wording as possible. They must also be legible, meaning that they are easily readable in a font size that allows customers to see the wording. If you have to reduce the font size of your terms and conditions so much that the wording cannot be read unaided then your terms may not be enforceable.
Whilst it is not essential to have separate terms and conditions dealing with business-to-business sales and consumer sales, there will be additional requirements and obligations on your business in respect of contracts with consumers. Your standard terms and conditions of business will need to comply with the high standards set by consumer law. We advise against having a combined set of terms and conditions for business and consumer sales as the document is likely to be substantial in length in order to properly ring-fence provisions relating to each type of relationship and may cause more confusion that would be the case if a set for each circumstance is available.
You do not need to have a standard set of terms and conditions for your business and, in the event you do not, the contract with your customer will fall back on provisions implied by law (for example, the Consumer Rights Act 2015). There is a fundamental risk in relying on such laws though as they often favour consumers and, if there is no clear agreement between you and your suppliers or customers, there is a substantial risk of a misunderstanding or dispute arising.
If you drafted your terms and conditions without a solicitor, the answer is almost certainly yes as there is a material risk that they may not be fit for your business. However, even if your standard terms and conditions were originally drafted by a solicitor, you may find that your business (or the market it trades in) has changed since they were prepared, terms and conditions that were fit for purpose when they were drafted may no longer be adequate or desirable for your business. It is generally a good idea to review your terms and conditions every couple of years and in anticipation of any material change in business or market.