Business Terms and Conditions

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Key areas

5 things you need to know about Business Terms and Conditions

  1. Business terms and conditions are of vital importance to both service and product based businesses. They are known as client agreements for services businesses, and sales terms and conditions for ecommerce sites and online shops.
  2. Your business terms and conditions are the contract between your business and your customers. They need to set out the service or product that you are selling, and how you will provide it. The terms protect your business and ensure your customers are clear on what you’re providing and the terms under which you’re doing so.
  3. There are a number of ways in which business terms and conditions, or client agreements, can be provided to customers. The traditional way is to provide a hard copy of the document, which both parties sign. If you operate an online business you may choose to have customers accept your terms by using a “click and accept” system. Other businesses may choose to send their client agreement to customers via email.
  4. Your business terms and conditions should also include clauses relating to payment terms, interest on late payment, delivery, refunds and returns, and dispute resolution.
  5. A well drafted set of business terms and conditions set out the mandatory consumer guarantees, under Australian Consumer Law, and limit your business’s liability to the fullest possible extent under the law. Make sure your lawyer is familiar with consumer law – limiting liability is a technical issue.
Our Business Terms and Conditions Lawyers
Ursula Hogben Key Focus:

Commercial Law, Contract Law, Information Technology And Online Law, Intellectual Property, Capital Raising Law


Bank of America Merrill Lynch, Baker & McKenzie, Hogben Group

Jill McKnight Key Focus:

Asset Leasing, Business Structuring/Start Ups, Employee Share Options Plans, Loans (Secured, Unsecured And Convertible), Online Law


Clayton Utz (Sydney), Herbert Smith Freehills (Sydney), Norton Rose Fulbright (London, Paris, Amsterdam and Hong Kong)

See all of our Business Terms and Conditions lawyers See our full range of specialist lawyers