Preparing to Draft Your Terms and Conditions
Understand terms and conditions.
Terms and Conditions (T & C) determine the foundation for the customer interaction with your business, and define how your business will interact with its customers. They remember your processes and procedures, limit your liability, and carry forward those agreements that are bound by you and the customer. You can think of them as a contract between your business and your client. They will control what your rights and responsibilities are as a business, and what are your customers’ rights and responsibilities.
You can often find a “boilerplate” terms and conditions that you can use as a guideline for making your own.
Learn the basic areas that T & C address.
The exact information provided in your T & C will depend on your type of business. However, there are several basic areas that should address almost all T & T:
Products and Services
Price and payment
Guarantee and Warranty
Copyright and Trademarks.
Termination of service
Governing law, you must include laws governing your terms and conditions (i.e., your own state law).
Changes in agreement You would like to include a section stating that you can modify the terms and conditions at any time.
Make a list of the terms and conditions your business needs.
After reviewing the terms and conditions of the terms, it will become clear which ones are applied to your specific situation and not Write people you should include in your document.
Most companies will want to include copyright, changes in the agreement and the provisions of the law.
All companies selling the products must include a return, return and loss provision.
Any company offering services should end service provision.
If you link to other sites, you definitely want to include a link for the provision of sites.
If you allow comments on your site, you should include a provision that limits your liability for things like slander.
Identify and review generic terms and conditions.
You can start by searching for generic terms and condition templates on the Internet. You can also find them according to specific countries like the United Kingdom. Find out the templates you need, mentioning your original list. You may wish to print out the templates so that you can be consistent with your situation and you can identify who is not. Pasteing them into a computer document can also work well.
Keep in mind that every business is different. This is because of the fact that when you use a generic template, you always read it carefully to see which aspects apply and do not apply to your business. Do not use generic templates without ever reading it completely.
Find and review sample terms and conditions from similar companies.
After looking at the generic template, look at the company’s terms and conditions that are similar to your own. For example, if you sell products online, you can take a look at the terms and conditions of online retailers. If your business offers a service (such as setting a heater and air conditioner), visit a reputed heating and air conditioner company’s website to see its terms and conditions. You may want to print the terms and conditions so that you can be relevant to your situation and identify who is not.
Drafting Your Terms & Conditions
Refer to your samples.
Once you have considered the needs of your company and you complete all your research, then you are ready to draft your terms and conditions. Select and select the few sentences or entire paragraphs that apply to your company, mentioning the rules and conditions you collected. If you have got a sample that works perfectly, feel free to use it completely. In that case, you can track your sample and prepare your terms and conditions with that document.
Samples from your similar companies will work best.
By using your samples, you will be able to go through all the major T & C areas (such as products and services) already listed, and you can use the relevant information identified in the sample to create your own T & T.
Define what products and/or services your business will provide to the customer.
Starting with products and services, be sure to define any such word which can cause confusion, such as the use of “goods” to refer to physical products or services. In addition, you have to communicate information about your policies about the products and services to the customer.
For example, “Our Return Policy for Product X is available on our website and is printed on all invoices and statements.”
Tailor any information from your own business products and services samples.
State the terms and conditions related to pricing and payment.
You should have a section stating what type of payment you accept, when the payment is due, and what will happen if the payment is not received on time or in the right amount. You should also include information about what the price does and is not included (for example, whether the price includes taxes and fees). Any information about potential price increases should be included here.
This section also includes information about returns, refunds and losses. If you accept returns, you would like to inform your return policy to your customers (e.g., 30 days after purchase). If you give refund, then you should tell customers the conditions.
You may also want to include a loss disclaimer. Disclaimer is a statement indicating to clients that you are not liable for certain types of losses. For example, you can include disclaimers by saying that you are not responsible for those products that break the return shipping.
Clarify guarantees and warranties.
Establish any guarantee or warranty terms, including how long they are valid and what conditions will make them void.
Provide copyright notices.
You must provide a copyright notice to protect your original work. A copyright notice just tells the world that your work is original and protected under copyright law. Should be in a copyright notice: the word “copyright” and “c” in a circle (©) as well as the date of publication and the author’s name and / or copyright owner. <If you have a trademark, then You will also want to make sure to pay attention to them on your website as well.
If your business involves a website or social media where customers can post, then you should also distinguish what your intellectual property is and what, if anything, is the customer’s intellectual property.
Offer information on how to terminate the relationship.
You should include information about how customers can end their relationship with your business. In this case how an account can be closed or canceled, as well as how any service provided by the customer can be eliminated.
Limit your liability.
As long as there are specific languages in their T & C that limit liability, businesses can be held accountable for various things. For example, if you are a gym owner, you would like to limit your liability by saying that you are not responsible for those who hurt yourself on your property. Include a disclaimer that specifies what will not be responsible for you.
As another example, if your business involves a website or social media, then you would like to tell that you are not responsible for the accuracy of comments made by third parties. It can also be said that you do not support those comments.
Another common type of liability is for theft of personal information. If you do not keep the information of customers safe, you may be liable for damages caused by that theft. However, you may possibly include disclaimers by denying responsibility for theft of information if the customer does not use a secure password.
Although your disclaimer will not completely separate you from the claim by the injured party, it can reduce your loss.
Enlist the services of an attorney to review your work.
An attorney who specializes in contracts can ensure your terms and conditions, including everything you need to protect yourself and your business. He or she can also ensure that your document complies with existing contract laws. You can read more about contract laws online.
Understanding Legal Requirements for Privacy Policies
Understand the types of clauses in privacy policies.
There are many different segments in the privacy policies. These include, but are not limited to these types of provisions:
What information do you collect? You can collect more sensitive information such as email address or phone number, address, credit card number, or social security number.
How do you use the information you collect. You can use information to better communicate with customers or to bring them new products.
That you can change the policy at your discretion. Protection of the right to modify your own policy is important.
Log Data Provisioning Such a provision tells the users that some information is being logged on the browser you are using and the server you are using.
Cookie volume Websites generally store cookies on computers and this type of clue informs the users in such a way.
Contact information for users who have privacy questions or concerns. You should provide users a way to contact you if they have any questions about your policy
If you serve people below the age of 13 years then the clause If your website serves people under 13 years of age, then you need to learn the privacy rules specifically for children. You can visit the Federal Trade Commission’s website to read these rules.
Make sure you don’t promise more than you can perform.
Find and review sample privacy policies from reputable sources.
The information you collect and how you use it, and the disclosures made to it must be in your agreement.
You must have a clause in your agreement to make a policy change.
A provision that has some information logged on the browser and the server, should be in your agreement (i.e. a log data provision).
A section you can store cookies on your computer, should also be included.
State the policy.
You must clearly state how you collect, manage, and use your personal information about customers. This is particularly important if you use the internet to process payments (most do business), or if you use survey and other marketing tools to collect customer information.
If your business will ever collect information from children under the age of 13, then you must also ensure that you comply with the COPPA (Children’s Online Privacy Protection Act). The FTC website gives some helpful suggestions on how to follow this rule.
Offer the customer a choice.
Provide access to this data. Your customers should be able to review the data you collect, modify or correct any mistake, and request that you delete the data for any reason.
Provide a way to file a concern or complaint. You should make it clear and easy to customers with any concerns or complaints about your data.
Secure the data.
Provide a clear, accurate description of how you collect and secure your customers’ data. In some cases, you can not even know how your data is collected by all your customers, especially if your business uses tools like mobile applications and cloud storage. The FTC recommends that you talk to an attorney who is an online law, or an information technology expert who will help you understand how and what you are collecting and collecting.
Retain an attorney to review your work.
An attorney specializing in privacy laws can ensure that your policy covers everything that is necessary for protecting yourself and your business. He or she can also ensure that your documents comply with existing privacy laws. You can learn more about privacy laws on the Small Business Administration website.