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The terms are intended to define acceptable use of the product or service, limit liability for the business and establish indemnification if a user breaches the agreement or violates the rights of a third party.
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You can find document templates online that set out clauses you can customise to the needs of your specific business and save you from having to write out the legal language yourself.
There should be clauses covering the following details:
- The date the agreement became effective or was last updated
- Acceptance of terms
- User guidelines
- Copyright - read more about copyright lawyers
- Company responsibilities
- User account management
Typically not included
You should avoid using intimidating legalistic language that could deter potential customers away from your business. Clear and well-organised terms avoid confusion and are more likely to be considered favourably by a judge in a law court if there is ever a legal dispute.
Should I engage a lawyer in the process?
More info on customisable templates
- Lawpath. Lawpath offers several tailored terms and conditions of use templates for different scenarios, including goods, services and mobile apps.
- SprintLaw. SprintLaw offers fixed-rate packages including a set of terms and conditions drafted to the specific requirements of your business, phone consultations with a Sprintlaw lawyer, and a complimentary amendment to the final draft of your documents.
- Wonder.Legal. Wonder.Legal features a range of document templates that you can download for various fees, but its terms and conditions template is available to download for free.
Other legal documents you may need
When you are setting up a new business, you will also need other legal documents to protect your interests. These include:
- Refund policy. Give potential customers confidence to buy your goods or services knowing that they can seek a refund if appropriate.
- Wholesale agreement. Useful if your business is buying or supplying products in bulk volumes for resale.
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