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Business Terms and Conditions Lawyers

Business terms and conditions set out the rights and responsibilities of each party when entering into a transaction. Business terms and conditions are essential as they not only protect your business when a problem occurs but also minimise the likelihood of a dispute arising in the future.

Business terms and conditions will differ depending on the type of business you run.

  • An e-commerce business or online store will require sales terms and conditions. These terms and conditions would generally be provided online through a clickwrap (click and accept) agreement.
  • A business that provides services will need a client agreement or service terms which set out the terms under which it will provide its services to customers.
  • A marketplace business will need a set of marketplace terms and conditions which set out its relationship with its suppliers and customers, as well as any relationships between the two.
  • A software-as-a-service (SaaS) business requires a specific set of SaaS terms and conditions.

LegalVision’s business lawyers have experience across a broad range of industries and sectors and can tailor your terms and conditions to the specific needs of your business. Our lawyers can also review your terms and conditions to ensure you are protected and comply with any obligations under Australian Consumer Law. If you run an online business, our Data and Privacy lawyers can also assist with drafting your website terms of use and privacy policy.

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5 things you need to know about Business Terms and Conditions

  1. Business terms and conditions are vital to businesses that sell services and those that sell goods. They are known as client agreements for services businesses and sales terms and conditions for products-based businesses sold through e-commerce sites and online shops.
  2. Your business terms and conditions are the contract between your business and your customers. They should describe the services or products you are selling, payment terms and how you will deliver the services or goods. Terms and conditions protect your business by making it very clear what your customers are going to receive and the terms under which you will provide those goods or services. LegalVision’s contract lawyers can assist you in drafting or reviewing your terms and conditions.
  3. There are several ways your business can provide its terms and conditions, or client agreements, 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 displayed online. Other businesses may choose to send their client agreement to customers by email.
  4. Your business terms and conditions should also include clauses that help each of the parties understand what can be done if a product or service is not what the customer expects to receive or where there is a dispute. For example, if you offer goods for sale, well-drafted terms and conditions should set out a policy on refunds and returns.
  5. Well-drafted business terms and conditions set out the mandatory consumer guarantees under Australian Consumer Law (ACL) and limit your business’ liability to the fullest extent possible under the law. The lawyers at LegalVision are familiar with the ACL and can help your business understand your rights and obligations under the ACL. LegalVision can help to ensure your business terms and conditions comply with the law.

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