Free Website Terms and Conditions Template for Your Business

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Having a clear and concise terms and conditions page is essential for any business with a website. This page outlines the rules and guidelines for users, protecting your business from potential lawsuits and misunderstandings.

A well-crafted terms and conditions page can also help to prevent disputes and build trust with your customers. This is especially important for e-commerce businesses, where transactions are often made online.

You can create a professional-looking terms and conditions page without breaking the bank. In fact, there are many free website terms and conditions templates available online that can help you get started.

By using a free template, you can save time and money on legal fees and focus on growing your business.

Website Terms and Conditions

Website Terms and Conditions are a legally binding agreement between you and the website owner. They outline the rules and expectations for using the website, and are essential for protecting both parties.

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In the United States, no law requires a website to have Terms and Conditions, but it's highly recommended to avoid legal problems. A well-written Terms and Conditions document can protect your website from issues like being liable for user actions and intellectual property misuse.

To create a Terms and Conditions document, you can use a template or a clickthrough agreement. A clickthrough agreement is a type of Terms and Conditions document that users must agree to before accessing the website. This can be done by posting the Cover Page on your website and linking to it on your signup form.

A good Terms and Conditions document should be written in plain English to prevent misunderstandings and present a professional image of your business. It should also cover the basics of contracts, such as offer, acceptance, price, and payment, delivery, returns, dispute resolution, liabilities, and risk.

Here are some key things to include in your Terms and Conditions document:

  • Agreement to terms and conditions
  • Use of plain English
  • Coverage of contract basics
  • Liability and risk provisions
  • Dispute resolution and returns

Remember to comply with relevant laws and regulations, such as the Consumer Contracts (ICAC) 2013 Regulations and the Consumer Rights Act 2015.

Websites

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Websites need to have Terms and Conditions in place to protect themselves and their users. This includes a section on intellectual property, informing users about ownership rights, copyrights, and trademarks.

You should include a clause stating that you own all marks and ideas, and that users will not sell, modify, rent, loan, share, or distribute your content in any way. This is important to prevent users from misusing your material.

Websites that simply publish information, like blogs, news sites, and community forums, don't require the same level of terms as e-commerce sites. However, they should still cover ownership of content and rules regulating visitor behavior.

For example, Vox Media Company's Terms and Conditions agreement includes a clause stating that users will not sell, modify, rent, loan, share, or distribute their content in any way.

If your website allows users to interact with each other, you should include an acceptable use clause to outline what actions and behaviors are permitted. This can be a standalone policy or incorporated into your overall Terms and Conditions.

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It's also a good idea to use plain English throughout your Terms and Conditions document to make it clear and easy to understand. This will help prevent misunderstandings and make it easier to solve disputes.

Here are some types of websites that may need to use a Terms and Conditions document:

  • Online stores selling digital goods
  • Online services
  • Online marketplaces for goods or services
  • Online communities
  • Websites operated in terms of foreign law
  • Brochure websites or online stores selling physical goods that need more comprehensive legal terms

In the United States, no law forces a website to create a Terms and Conditions document. However, creating one is highly recommended to protect your website from potential legal problems, such as being liable for a user's words or actions, or a third party using your intellectual property.

Modifications and Interruptions

A modifications and interruptions clause is a crucial part of your website's terms and conditions. This clause limits your liabilities if users claim any loss or damage because they can’t use your site.

You should explain your right to change or delete anything on your site, and state that users may encounter hardware problems and downtime. This is an important way to manage user expectations.

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For example, you can explain that users may experience downtime due to hardware problems or maintenance. This can help prevent users from feeling surprised or upset when your site is down.

It's also a good idea to outline the situations in which you can refuse service or access to existing users and individuals. This can include instances where a user is not complying with your terms and conditions.

Here are some details you may want to include in your modifications and interruptions clause:

  • Right to change or delete content
  • Hardware problems and downtime
  • Situations for refusing service or access

Limitation of Liabilities

In the United States, no law forces a website to create a Terms and Conditions document, but it's highly recommended to avoid legal problems. A well-written Terms and Conditions document can protect your website from problems such as being liable for a user's words or actions and a third party using your intellectual property.

If you manufacture and sell products, you should include a Limitation of Liabilities clause in your terms and conditions agreement, also known as a no responsibility clause. This clause limits what customers can hold you accountable for.

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Businesses use this clause to limit liability, and it usually features standard language. For example, Apple's terms and conditions include a Limitation of Liability clause that states they are not responsible for any damage or loss caused by their products or services.

You can limit your liabilities if users claim any loss or damage because they can't use your site by adding a modifications and interruptions clause to your terms. This clause explains your right to change or delete anything on your site and states that users may encounter hardware problems and downtime.

Here's an example of how to phrase a Limitation of Liabilities clause:

  • Limitation of Liabilities: We are not responsible for any damage or loss caused by our products or services.
  • No Responsibility Clause: We are not liable for any indirect, special, or consequential damages, including but not limited to, loss of profits or business interruption.

Website Management

Website management is an essential aspect of running a website, and it's crucial to have a clear understanding of how your site will be maintained and supported. You agree to be bound by all of these Terms and Conditions by accessing the Site.

Companies typically outline the details of site management and support in their terms and conditions agreement. They might mention when they provide updates and monitor the site or service.

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Routine inspections or system administration are also a part of site management. This can include situations when they can refuse service or access to existing users and individuals.

The help desk is usually available during specific times, and users should be aware of these hours. Spotify phrases this clause in their terms and conditions agreement, outlining their commitment to providing the service.

Here are some details that companies typically outline in their site management and support clause:

  • When they provide updates and monitor the site or service
  • When they perform routine inspections or system administration
  • Situations when they can refuse service or access to existing users and individuals
  • When they provide the service and when the help desk is available

Agreements and Disputes

To enforce your terms and conditions agreement, it's essential to prove that your users consented to it. This can be done by utilizing both the clickwrap and browsewrap methods.

Having a terms and conditions page is not enough, you need to make it easy for users to read and understand the contents. The courts consider the formatting and clarity of the terms and conditions when making a decision.

You should also establish how you agree to handle consumer disputes within your terms and conditions, typically in a dispute resolution or indemnification clause.

Agreement

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Creating a terms and conditions agreement is a crucial step in protecting your business from potential disputes.

To enforce your terms and conditions agreement, you need to prove that your users consented to it, read the contents, and fully understood what they agreed to. Merely having a terms and conditions page and placing links throughout your website isn’t enough to get agreement, at least in the eyes of the courts.

You can obtain consent to your agreement by utilizing both the clickwrap and browsewrap methods. The clickwrap method involves requiring users to click on an "I agree" button to accept the terms, while the browsewrap method involves placing links to the terms throughout the website.

To create a clickthrough terms and service agreement, you can use a tool like the Common Paper Cloud Service Agreement (CSA), which is an open source, standard agreement for buying and selling cloud services and SaaS. This agreement can be customized to fit your business needs and can be used as a clickthrough agreement.

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Here are some tips for creating a good terms and conditions agreement:

  • Use clear language: Avoid complicated jargon or unnecessary legalese to make it easy for users to read and understand your terms and conditions.
  • Use your brand’s voice: Use the same style, sentence length, and tone as other pages on your site to build and maintain brand awareness and cohesion.
  • Seek legal advice from an attorney if necessary: Depending on your target audience, consider getting legal advice from an attorney when working on complex clauses of your terms and conditions.
  • Don’t copy terms and conditions text from another website: This is plagiarism, as these documents and other website policies are protected under copyright laws.

Dispute Resolutions

Dispute Resolutions are a crucial part of any agreement. You should establish how you agree to handle consumer disputes within your terms and conditions.

Typically, this goes in a dispute resolution or indemnification clause. Spotify is a great example of this, as seen in their own terms and conditions.

You should clearly outline the process for resolving disputes in your agreement. This includes specifying the laws that govern the agreement and the jurisdiction in which disputes will be resolved.

A dispute resolution clause can help prevent costly and time-consuming lawsuits. It's essential to have a clear and fair process for resolving disputes to maintain a positive relationship with your customers.

Non-Renewal Notice Period

The Non-Renewal Notice Period is a crucial aspect of contracts, and it's essential to understand how it works.

As a default, contracts automatically roll into another contract on the same terms, giving you and your customer a set period to communicate that you don't want the contract to renew.

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This time period is usually specified in the Standard Terms, but you can modify it by writing a specific clause in the Order Form.

You can indicate that the contract doesn't automatically renew by writing: “Modifying Section 5.1 of the Standard Terms, this Order Form does not automatically renew and will expire at the end of the Subscription Period.”

It's essential to clearly communicate your intentions to avoid any confusion or disputes down the line.

E-commerce and Marketplace

E-commerce and marketplace websites have specific needs when it comes to terms and conditions. If your site is e-commerce enabled, you're covered with a sample website terms and conditions template.

Some key points to consider are e-commerce provisions, which include prices, remuneration options, return of goods, taxes, and payment options, such as a commission basis or transaction fee basis.

You may also need to consider marketplace provisions, which involve a framework of rules for sellers, the fact that you don't hold stock, and options for regular sellers or one-off sales.

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Here are some key differences between seller and buyer side documents for a marketplace website:

  • a framework of rules as to how a seller places a product or service with you
  • the fact that you do not hold stock
  • e-commerce: prices, your remuneration options, return of goods, taxes
  • your payment options: a commission basis, a transaction fee basis, through advertising, or not at all
  • upload by sellers of their own product pages or product advertisements
  • joint advertising to sellers
  • options for regular sellers (for example, ones that operate their business entirely from your site), and one-off sales

As an intermediary, you'll need to comply with the CC(ICAC) Regulations, which we've covered in the template.

Prohibited Activities

As an e-commerce or marketplace owner, it's crucial to have a clear understanding of what's not allowed on your platform. You should include a clause in your terms and conditions that explicitly lists prohibited activities to stop visitors from misusing your site.

Companies typically ban users for advocating violence, posting discriminatory or abusive content, using the platform for illegal activities, sending junk mail or spam, and exposing another user's personal information.

To avoid any confusion, it's essential to be specific about what's not allowed. For example, you should clearly state that users can't post pornographic or offensive content. This helps protect both your users and your business.

Most companies also ban users for using the platform for illegal activities, such as hacking or money laundering. This is a no-brainer, as it's essential to maintain a safe and trustworthy environment for your users.

Here are some common prohibited activities to consider including in your terms and conditions:

  • Advocating violence
  • Posting discriminatory, abusive, threatening, pornographic, or offensive content
  • Using the platform or site for illegal activities
  • Sending junk mail, spam, or chain letters
  • Exposing another user’s personal information, including username(s) and password(s)

E-commerce Provisions

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If you're planning to enable e-commerce on your website, you're in good hands. We've got you covered with our e-commerce provisions.

Our templates don't repeat the same points about e-commerce in every document, so you can safely assume that if your site is likely to be e-commerce enabled, we'll make sure you're covered.

You may need to provide a framework of rules for sellers to place products or services with you, which can include things like how to upload product pages or advertisements.

Some key e-commerce provisions to consider include prices, remuneration options, return of goods, taxes, and payment options.

Order Cancellation and Returns

Order cancellation and returns are crucial aspects of e-commerce, and it's essential to have a clear policy in place. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to businesses that sell to consumers, and you must comply with them.

You need to provide an extensive explanation of your order cancellation and returns policy, as well as the notice you must give to customers. This includes instructions on how to deal with cancellations and returns. You'll find this information in every relevant document.

Credit: youtube.com, Returns and refunds for seller-fulfilled orders

If you run an e-commerce website or app, make sure to include a returns and refunds clause in your terms and conditions. This way, customers can easily find the information they need.

The applicable law in this area starts with common law dealing with contracts, and then there are acts and regulations on every element of trading. You must consider these when creating your order cancellation and returns policy.

You should also link to your shipping policy in your terms and conditions, as this helps answer common customer service questions.

Clickthrough Agreement Usage

To create a clickthrough agreement, you need to post the Cover Page on your website and link to it on your signup form, as seen in Example 5. This will incorporate the Standard Terms by reference.

You can also use a clickthrough Terms of Service using the Common Paper CSA, which will guide you through a series of questions to configure the agreement for your business, as explained in Example 6. This will result in an agreement that you can download and post to your website.

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To obtain consent to your agreement, you can utilize both the clickwrap and browsewrap methods, as mentioned in Example 3. This means that you need to ensure the formatting of your terms and conditions is easy to follow and that it's written clearly and in a straightforward way.

A clickthrough agreement should include all the necessary details, such as the Provider's information, Covered Claims, and payment process, as seen in Example 5. This will help you enforce your terms and conditions agreement.

Here's a step-by-step guide to using a clickthrough agreement:

  1. Download the file from the email you receive;
  2. Upload the PDF file to your website;
  3. Put a hyperlink to the page where you have posted or uploaded the terms in the footer of each page of your website;
  4. Place a checkbox on the last page of your checkout process next to the words "I have read and agree to your terms of sale and privacy policy" and hyperlink the words "terms of sale" and "privacy policy" to the relevant anchors in the terms.

Customer Data Storage

When storing customer data, it's essential to be transparent about how long you'll keep it.

We make sure your user doesn't expect you to keep their personal data indefinitely, or at all.

Customer data can be sensitive, so it's crucial to have a clear data retention policy in place.

We cover you against any claim that you are in breach of any customer 'right' covering their personal data.

Template and Usage

Credit: youtube.com, How to use Terms & Conditions Templates

You can download a free website terms and conditions template, which you can upload to your website and post in the footer of each page. This template is available for free.

To use the template, follow these steps: download the file from the email you receive, upload the PDF file to your website, and put a hyperlink to the page where you have posted or uploaded the terms in the footer of each page of your website. In the case of an online store, you should place a checkbox on the last page of your checkout process next to the words “I have read and agree to your terms of sale and privacy policy” and the words ‘terms of sale’ and ‘privacy policy’ should be hyperlinked to the relevant anchors in the terms.

Alternatively, you can use a clickthrough agreement, which can be configured by clicking the Configure Your TOS button on the top of the page, guiding you through a series of questions to configure the agreement for your business.

Sample

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Having a sample Terms and Conditions document can be super helpful in structuring your own document. The example provided gives you a clear idea of how to organize your content.

A sample Terms and Conditions document can include a statement like the one in the example: "To better help you visualize how to create a Website Terms and Conditions document, we have included an example." This shows how to introduce a sample document effectively.

The sample document can also include a statement that says "Have a look at the sample below to understand how to structure your document." This is a clear call to action to encourage readers to examine the sample closely.

How to Use Them

To use the free website terms, you should download the file from the email you receive. This is the first step in implementing these terms on your website.

You'll then need to upload the PDF file to your website. This will make it easily accessible to your users.

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Next, you should put a hyperlink to the page where you have posted or uploaded the terms in the footer of each page of your website. This ensures that users can easily find and review the terms.

If you have an online store, you'll need to place a checkbox on the last page of your checkout process next to the words “I have read and agree to your terms of sale and privacy policy”. The words ‘terms of sale’ and ‘privacy policy’ should be hyperlinked to the relevant anchors in the terms.

If you want to create a clickthrough Terms of Service, you can click the Configure Your TOS button on the top of the page to be guided through a series of questions to configure the agreement for your business.

Alternatively, you can download a copy of the Cover Page and manually fill out the business terms of your agreement, like fees and subscription period, and the legal terms like the governing law of your contract.

Fill Out Cover Page

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To fill out the Cover Page, you'll need to customize important agreement details. Simply set values for the variables and replace bracketed text with your information.

This document is designed to help you get started quickly and easily. You can find the necessary information in the agreement itself.

Setting values for variables is a straightforward process. You just need to fill in the blank spaces with your specific details.

Replacing bracketed text with your information is also a simple task. Just take the provided text and insert your own information in its place.

By following these steps, you'll be able to create a Cover Page that accurately reflects your agreement. This will help ensure that all parties involved are on the same page.

Law and Governance

When you create your website terms and conditions, you need to consider the governing law that will apply to the contract between you and your users. This law can be the national or state law of your company's location or the country where users access your site or app.

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You can establish this law within a clause, such as the Governing And Applicable Laws Clause. Most companies choose the law of their state or country or the country where users access their site or app.

Common law deals with the basics of contracts, including offer, acceptance, price and payment, delivery, returns, dispute resolution, liabilities, and risk. You can set the commercial terms you like as long as you comply with this law.

If your end customer is a consumer, you must comply with the Consumer Contracts (ICAC) 2013 Regulations, the Consumer Rights Act 2015, and Alternative Dispute Regulations 2015. These regulations are included in our templates to help you comply with the law and run your business seamlessly.

Where your customer is a business person, our templates allow you to comply with the Sale of Goods Acts (1979 and 1994).

Acceptance and Creation

To create a clickthrough Terms of Service, you'll need to configure the agreement for your business by answering a series of questions. This will guide you through the process and result in an agreement you can download and post to your website.

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The Common Paper Cloud Service Agreement (CSA) is an open source, standard agreement for buying and selling cloud services and SaaS, created by a committee of dozens of attorneys. This agreement is structured to be signed by both the vendor and the customer.

You can download a copy of the Cover Page and manually fill out the business terms of your agreement, like fees and subscription period, and the legal terms like the governing law of your contract.

Clickthrough Acceptance

Clickthrough acceptance is a crucial step in getting users to agree to your terms and conditions. To create a clickthrough Terms of Service, you can use the Common Paper CSA, which guides you through a series of questions to configure the agreement for your business.

You can either configure the agreement online or download a copy of the Cover Page and manually fill out the business terms of your agreement, like fees and subscription period, and the legal terms like the governing law of your contract. The Cover Page incorporates the Standard Terms by reference, allowing you to keep the version you present to users concise.

Credit: youtube.com, THE CONDITIONAL ACCEPTANCE PROCESS EXPLAINED

To obtain consent to your agreement, you can use the clickwrap method, which requires users to click on a link or button to agree to the terms. You can also use the browsewrap method, but this is less effective.

Having a terms and conditions page and placing links throughout your website isn't enough to get agreement, at least in the eyes of the courts. You need to ensure the formatting of your terms and conditions is easy to follow and that it's written clearly and in a straightforward way.

Agreement Creation

These Terms of Service are a customized version of the Common Paper Cloud Service Agreement (CSA), an open source, standard agreement created by a committee of dozens of attorneys.

The CSA is structured to be signed by both the vendor and the customer, but these Terms of Service are structured to be posted online by a vendor and for customers to click-to-accept.

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Using the same foundational agreement for both self-serve customers and direct sales enables smoother upsells, greater consistency, and easier compliance.

If the customer signed a Cover Page and it is active, then the Cover Page will control over the Terms of Service.

To create a clickthrough Terms of Service, you can click the Configure Your TOS button on the top of the page and follow the guided series of questions to configure the agreement for your business.

You'll receive an agreement that you can download and post to your website, or you can download a copy of the Cover Page and manually fill out the business terms of your agreement.

Frequently Asked Questions

Are terms and conditions on a website legally binding?

For a website's terms and conditions to be legally binding, the user must have notice of the agreement, either through actual or constructive notice. This means users must be aware of the terms they're agreeing to in order for them to be enforceable.

What if a website doesn't have terms and conditions?

While not a legal requirement, websites must still display certain information, even without terms and conditions. Check our website for details on what information is required.

What are examples of terms and conditions?

Terms and conditions typically include sections on user guidelines, copyright, governing law, warranties, and liability, which outline the rules, rights, and responsibilities of all parties involved

Melba Kovacek

Writer

Melba Kovacek is a seasoned writer with a passion for shedding light on the complexities of modern technology. Her writing career spans a diverse range of topics, with a focus on exploring the intricacies of cloud services and their impact on users. With a keen eye for detail and a knack for simplifying complex concepts, Melba has established herself as a trusted voice in the tech journalism community.

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