30 April 2021
We've set out some of the sections that many businesses include in their Terms and Conditions agreements. You can use this as an outline when creating your own agreement.
We can't tell you precisely what to write in your Terms and Conditions. Your Terms and Conditions must be unique to your business. But here are some great examples of Terms and Conditions agreements for you to use as a starting point.
Let's look at some of the most common sections that almost every Terms and Conditions agreement will benefit from including, starting at the beginning.
Introduce your Terms and Conditions by naming the parties to the agreement (i.e., your business and the customer) and explaining the agreement's purpose and scope.
Here's an example from Sky History:
Here's an example from Spotify:
If you charge for your services, your Terms and Conditions should explain your billing practices. Having a clear explanation of your billing practices set out in your Terms and Conditions is particularly important if you ever end up in a financial dispute with a customer.
Here's an example from Secure Fast Hosting:
You may wish to limit who can access your services. For example, you may only wish to provide services to people over 18 or those living in certain regions. You should make these limitations clear in your Terms and Conditions.
Here's an example from Netflix:
From time to time, you may need to restrict, suspend, or terminate a customer's account or their ability to access your services. Failing to set this out clearly in your Terms and Conditions could leave you open to legal issues.
Here's an example from Revolut:
Some national laws impose "implied warranties" on businesses. These implied warranties are like automatic promises that goods or services are accurately described and of reasonable quality.
It is possible to disclaim these implied warranties in some jurisdictions by including a "disclaimer of warranties" in your Terms and Conditions. A disclaimer of warranties can sometimes be helpful when dealing with customer complaints.
The wording of your disclaimer of warranties will vary depending on where your business operates.
Here's an example from Versasec:
If using your product or services causes harm or damage to one of your customers, they attempt to sue your company. Inserting a valid "limitation of liability" clause into your Terms and Conditions places a ceiling on the maximum amount of money for which you can be sued.
The extent to which it is possible to limit your legal liability varies from place to place. Some jurisdictions, such as the UK, do not permit companies to exclude liability for death or personal injury caused by negligence.
Here's an example of a limitation of liability clause, from Nest:
Your customers may cause harm to your business through their careless or unlawful use of your products and services. You can insert an "indemnity" clause into your Terms and Conditions to help ensure that they cover your costs.
Here's an example from Unilever:
Setting the "governing law" of your Terms and Conditions means that, if a legal dispute arises with one of your customers, you get to decide which country's laws should be used to interpret the agreement and which country's courts should settle the dispute.
Here's an example from HERE:
Remember: Some Terms and Conditions agreements may need additional clauses to cover things such as free trial terms, shipping and handling details or more business-specific content. Some businesses also may not need all of the above clauses (such as the payments and billing clause).
Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
Enter your email address where you'd like your agreement sent and click "Generate."
You'll be able to instantly access and download your new agreement.
We've provided examples of other companies' Terms and Conditions above, but we're not suggesting that you copy these agreements. Copying another company's Terms and Conditions could be unlawful.
Copyright arises automatically when a person publishes written works online. This includes Terms and Conditions agreement content.
While most Terms and Conditions agreements look pretty similar, there are actually many subtle differences between each. Copying a company's Terms and Conditions word-for-word could violate its copyright.
For more information, see our article: Does Copying or Adapting Another's Terms & Conditions Violate Copyright Law?
Legal issues aside, there are other reasons why copying another company's Terms and Conditions is a bad idea.
A Terms and Conditions agreement should reflect the reality of your business and its relationship with its customers. All companies are different.
Your Terms and Conditions agreement is a crucial way for you to govern your company's relationship with its customers as you see fit. You should think carefully about what to include, and you should avoid taking too much inspiration from other companies' agreements.
No, you don't necessarily need a lawyer to write your Terms and Conditions agreement.
Depending on your business's scale and context, it should be possible to use a customizable Terms and Conditions generator to help you create a valid Terms and Conditions agreement.
More complicated and larger-scale operations will require the support of a legal adviser or dedicated legal team. But for smaller and simpler businesses, you might be able to get by without legal assistance, so long as you plan and research carefully.
Bear in mind, however, that the courts will only enforce certain clauses in your Terms and Conditions agreement if they comply with the local laws governing consumer contracts.
You must also ensure that you obtain explicit acceptance of your Terms and Conditions if you want to rely on them in court. For example, this means that you should ask your customers to read your Terms and Conditions and tick a box if they agree with them.
For more information about obtaining acceptance of your Terms and Conditions, see our article Add "I Agree to Terms" Checkbox.