Legal things YOUR business NEEDS! Today: Business Terms and Conditions

Day 2 of Legal stuff YOUR business needs! Today it’s all about BUSINESS Terms and Conditions and these are designed to protect YOU, so it’s super-important you have them in place. YES?!

Business Terms and Conditions*  protect your business and ensure your customers or clients understand what you are providing. This might not seem super-important right now, but believe me, if you get into a misunderstanding with a customer you’ll be mightily relieved you have them in place. Recently a couple of our 100 Day Goal-ers had sticky situations with both suppliers AND customers which were sorted out by looking at the Business’s Terms and Conditions.

No business is to small to get Terms and Conditions in place!

What do I need to do?

You need to have Business Terms and Conditions drafted for YOUR business with your industry in mind. Don’t copy another business’ Terms and Conditions! Not only might it be copyright infringement, but you could also expose your business to liability.

What’s included in Business Terms and Conditions?

Most Business Terms and Conditions contain clauses relating to payment terms, interest on late payment, refunds and returns, delivery of product or service and dispute resolution.

If you are an Australian business selling a product or service to a consumer, your Terms and Conditions should also refer to the Australian Consumer Law (ACL). The ACL regulates business conduct, prohibits unsafe practices and provides rights for consumers in relation to goods and services. The ACL also covers consumer guarantees for products and services. Consumers can seek compensation or damages against your business if you are found in breach of consumer guarantees. (If your business is in the UK there will be a similar requirement)

Where do I display my Business Terms and Conditions?

Your Terms and Conditions can either be in hard copy where both parties can sign (for example, an app developer signs a contract to develop an application for a client), or in electronic form where a box is ticked or consent is implied (for example, by making payment or accepting a quote). To avoid confusion, it is common for businesses to offer the same Terms and Conditions to all their customers. This is known as a standard form contract.

Difference between Website Terms and Conditions and Business Terms and Conditions

It’s important to understand the difference between Website Terms and Conditions and Business Terms and Conditions!

Website Terms and Conditions cover how your website visitors can use your website, what activity is prohibited and a disclaimer to limit your business’ liability.

Business Terms and Conditions cover your agreement with your customer, so it’s details like payment terms, interest on late payment, refunds and returns, delivery of product or service and dispute resolution (as we discussed above)

If you are selling goods or services through a website, you should have Business Terms and Conditions as well as Website Terms and Conditions. Both documents can be merged into one if, for example, you operate a marketplace which is both an online platform and a provider of products and services.

Important things to know!

Business Terms and Conditions may seem like complicated and unnecessary legal jargon, but they are an essential protection for you.  If you intend to grow your business you also need to ensure you comply with the Australian Consumer Law by using Terms and Conditions drafted for YOUR business. This will turn out to be one of your most important documents!

(* Business Terms and Condition also known as Client Agreements for businesses offering services, or Sales Terms and Conditions for businesses selling products)

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Right! Because your Business Terms and Conditions are SO IMPORTANT, and I’d really like you to get on top of them,  I’ve organised a special DISCOUNT worth up to $700 for you!

LegalVision will prepare your Business Terms and Conditions for your e-commerce or product business for $795 (ex GST) [normally $1,495 (ex GST)]; and your Business Terms and Conditions (for services businesses) – from $1,095 (ex GST) [normally  $1,495 (ex GST)];

LegalVision aren’t your usual Law Firm: they charge Fixed Fees, they are famous for their affordable pricing and have the loveliest lawyers you will ever meet!

To get your special rate just go to this special Business Bakery page on the LegalVision website. And do it now before your forget!

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Next time: Trademarks, Copyrights and Patents!

The Legal information in this blog post was provided by the awesome Ursula Hogben of LegalVision, who I have known for many years. You’d love her!

Ursula is General Counsel at LegalVision. She has over 15 years’ local and international investment banking and corporate law experience. Ursula has expertise in capital raising, mergers and acquisitions, information technologyand general corporate law. Ursula is an active member of Australia’s entrepreneur community and speaks, writes and is interviewed on issues relevant to startups and established businesses.

 

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