Terms and Conditions agreements are incredibly important for businesses. But if you make these 8 mistakes, your T&C will be less effective and less enforceable.
Check your Terms and Conditions agreement for these 8 commonly seen issues. We'll show you how to avoid the issues or fix them if you find them.
Read more here: https://www.privacypolicies.com/blog/common-issues-terms-conditions/
2. Your Terms and Conditions agreement is an important part
of your business.
Check it for these 8 common issues to make sure it’s as
effective as it could - and should - be.
3. If you accidentally leave out an important clause, your entire agreement may
be compromised.
Issue 1:
Your agreement is incomplete
Restricted uses
Limitation of liability
Changes to your T&C
Account termination
Warranties
Include the following clauses if you haven’t already:
4. Issue 2:
You don’t get agreement to your Terms & Conditions
Without agreement, your T&C won’t be effective or enforceable.
Get users to agree by presenting a checkbox and Agree statement at
places like account sign-up forms and checkout screens.
5. Don’t use complicated legalese or long, dense paragraphs.
Your readers won’t want to - or be able to - navigate through your
agreement. This may make it less likely to hold up in court.
Use short paragraphs, simple language and utilize formatting methods
like bullet points, numbers and spacing.
Issue 3:
Your Terms and Conditions agreement is difficult to
read
6. Always keep your T&C updated with current and accurate information.
Add an “effective date” to your agreement so users know when the last
update was done.
Issue 4:
You haven’t updated your Terms and Conditions
7. This is why having a clause that addresses updates or changes to
your T&C is so important.
8. Issue 5:
Your Terms and Conditions agreement is hidden
If your T&C isn’t linked to your website footer, it should be.
This is where people know to look and will expect to find your agreement.
9. Your Privacy Policy should link to your Terms and Conditions.
Similarly, your T&C should link to your Privacy Policy.
Both of these important legal agreements work together to define your
business practices and keep your users informed. Make sure they
cross-link to one another.
Issue 6:
You don’t mention your Privacy Policy in your T&C
10.
11. Not including a governing law clause is a big mistake that can open you
up to lawsuits far away from where your business is located.
Declare your applicable law and jurisdiction.
Issue 7:
You don’t note what laws govern your business
12. You need to include a clause that explicitly protects your intellectual
property rights and content by limiting what can be done with it.
Without this, it will be difficult to protect your content from being stolen,
used, transferred or violated.
Issue 8:
You aren’t protecting content
13. If you allow user-generated content, include a clause that addresses
your rights and the user’s rights regarding that content.
14. Review your Terms & Conditions
agreement for these 8 issues. If
you find any of them, address
them as soon as you can.
They’re very common, but are
very easy to fix with a little time
and attention.