What Should Be Included in Your Website’s Terms and Conditions?

business lawyer

We all know that the terms and conditions page on your website is important, but how many of us actually take the time to go through the details of them? While over 80% of us don’t read the small print when it comes to website use and there are no laws requiring your website to have terms and conditions published, the truth is that there are several important protections, rules, responsibilities, and rights that can protect your business from liability, depending on whether you are providing a website, eCommerce store, mobile app, SaaS or more. Here are the terms and conditions that you should include on your website.

The Basics:

The terms and conditions of your website will establish the foundation of your interaction with customers, defining how your company manages this. They will list your processes and procedures, limit liability, and establish any agreements that you and your customers agree to. They will outline your rights and responsibilities as a business and the rights and responsibilities for your customers. All terms and conditions should include the products and services you provide, prices and payment, warranties and guarantees, changes to agreement, copyright and trademarks, and termination of service information.

Privacy Statement:

It is good business practice to ask your consumers to agree to a business privacy policy and statement. While many business websites do this using a tick box option for a first-time visitor, it’s important to provide as much information as possible since consumers are becoming increasingly more concerned about their data security and privacy. They will often factor how a company handles their data into their decision-making process.

Contracts and Distance Selling:

Before businesses enter a contract with consumers, they should be provided with certain information which can be listed in the terms and conditions for website users and provided to customers before they sign a contract either on a web page or a PDF. Including this information in your terms and conditions makes it permanently accessible for customers before and after they are bound by the terms of the contract.


A consumer who places orders online should be provided with the means to enable them to identify and correct any errors before they place and complete an order. A receipt of their order should also be provided immediately by electronic means such as an email. It’s important to include information on how contracts are formed and the procedure that you use for taking or refunding payments from credit and debit cards.

Data Protection:

Finally, it’s important to set out information on how your company deals with data protection obligations. Make sure that they are informed about the information that you will ask for and that you only ask for personal details when it is necessary to do so. It’s important to clearly explain what you will do with the data that you gather once you have collected it. This information should be clear and prominent on your website.

While most consumers don’t spend time reading through the terms and conditions of your website, having comprehensive and clear T&C’s can protect your business from liability.

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