Do I Need Terms And Conditions For My Website?
If you’re reading this, you may be thinking that your life has come to an all time low, that everything is dull and you’re just a straight boring person now. But have no fear, you’re not! I promise! This may not be the most fun topic, but it’s an important one and no matter what people think when they see this on your screen, you’re a smart person for looking into this and that means you are doing pretty well. You’ve got a full blown website to worry about!
What are Terms and Conditions?
So yeah, let’s talk about it. Terms and conditions are not new with the internet; it’s a legal term meaning that there are rules that the user must agree to. On your website these might include enabling cookies or tracking CTR. You also might’ve read it as Terms of Use or Terms of Service; these are all the same.
How will Terms and Conditions Benefit Me?
A Terms and Conditions page or naggy drop down on your site isn’t required by the law – the feds aren’t going to come and get you because you’re not begging your users to “AGREE”. But these terms can be helpful not only to your customers – who will in some way appreciate being informed of what’s going on while they’re on your website – but also to you. Here a couple of ways how:
Protect your Content
With standard Terms of Use on your website, you can prevent the misuse or theft of the content you’ve worked hard to put out in the world. This includes copy, logos, and designs. It is your Intellectual Property. If someone steals your content and you find out, the Terms and Conditions can help you penalize that person/entity and reclaim what is yours. I know, this is pretty self-explanatory and obviously something you’d want to ensure moving forward with your website, but now you know that the Terms and Conditions are what protects what is yours.
Limit your Liability
No one wants to be sued or go to court, unless you’re a lawyer of course. But the average Joe with his business and its website doesn’t want to deal with legal issues. It’s expensive and time consuming and all around exhausting. Terms of Service can prevent someone from taking you to court! If you have a site that people can join – maybe with forums or chat programs – you can have the right to delete accounts of people that are spamming other members, abusing the website, or writing offensive comments. You can also note that your website does not endorse or affiliate with the comments of members. P.S. Remember that Terms and Conditions and a Privacy Policy are two different things. If you are collecting personal data from users, you must have a Privacy Policy! It is the law!
And while we at Firon, and I’m sure most of you out there, try to provide the most accurate information, there is room for human error. That doesn’t mean you get to be sued over it. In your Terms of Use you can write that you aren’t responsible for these mistakes. Of course, if a mistake is brought to your attention, best to fix it right away and ensure to your users that your business is honest, respectful, and values its customers.
Where should I get Terms and Conditions?
Whatever you do, don’t copy another website’s Terms and Conditions. It won’t end well. They’ll have members and subscriptions and you won’t. They stuck a Privacy Policy in there and you don’t need one. The best bet is to invest in a lawyer to draft one up for you. If you are against that, there are websites that will generate Terms of Service for you.
As long as you’re aware of the standard parts of a Terms and Conditions then a generator may be fine. Typical sections may include an Intellectual Property Clause, the Governing Law (this is just to say hey we’re located in New York and we abide by NY’s laws), and limits on what users can do. From here you need to know whether your company should have a termination clause or something about not being responsible for the content on other websites that you may be linking to in your content.
All this being said, we’re not lawyers here at Firon, but if you need help with your website – including talking about Terms and Conditions and other not so fun but important things – reach out.
