Website Terms and Conditions
Need a lawyer who understands business and technology to draft your Website Terms and Conditions?
Website Terms and Conditions can vary substantially depending on the type of site you are operating. However, every website should have some terms and conditions associated with it. Even basic information sites will still include clauses which prohibit others from infringing your intellectual property rights. More complex sites, including SaaS and e-commerce sites will need to be drafted to cater for your unique business needs.
If you are looking for an IT lawyer, with years of business analysis and web development experience, you have come to the right place.
We can draft Website Terms and Conditions for all businesses
Every business or venture has its own unique requirements.
No matter what business you’re in, we can draft terms tailored to your unique needs.
We can draft Website Terms and Conditions for:
- Blogs, including vlogs, gamers, affiliate marketers and photographers.
- Online shops including those which use the major platforms, such as BigCommerce, Shopify, WooCommerce and Wix.
- Basic catalogue websites which present but do not provide sales facilities.
- Websites promoting services.
- Community, forums and other membership-oriented sites.
- Drop shipping Website Terms and Conditions.
- SaaS , PaaS and IaaS terms and conditions.
What are the key considerations?
The answer to this question depends on the type of website or business you are operating.
However, terms relating to the following are common:
Intellectual Property – Your website, no doubt, contains literary and artistic work which needs protection. Also talk to us about ensuring you own the copyright on your page and the risk associated with copyright infringement.
Limitation of Liability – We always try and limit liability. Americans do it by DISCLAIMING and EXCLUDING EVERYTHING IN CAPITAL LETTERS. However, in Australia you need to consider the consumer guarantees and the Australian Consumer Law. Such blanket disclaimers are illegal in Australian consumer contracts.
Contract Formation – When selling products it's important to consider when the contract becomes binding on both parties. If you are drop shipping you probably don’t want to be bound until you are sure your supplier has the product in stock.
Fair Use and Take Down rights – You may place limits on the use of your website to make sure people are not overusing your resources. You may also need to maintain the ability to block individuals and remove undesirable content.
Privacy – Increasingly important is privacy compliance, your Website Terms and Conditions should link to your Privacy Policy. Typically, we package Website Terms and Conditions together with a Privacy Policy and provide a discount when you purchase both.
Do I need a lawyer to draft Website Terms and Conditions?
We recommend you engage a lawyer to draft your Website Terms and Conditions, preferably us.
We are up to date with Australian Consumer Law and other regulations, codes and laws. Because we do this every day, we can probably get through this work a lot quicker than you. Thereby leaving you with time to focus on your business and with peace of mind that the terms have been completed professionally.
Free templates and terms and conditions generators usually fall well short of what is required. Worse still most of them are based on American law which is often inconsistent with Australian laws. The Australian Competition and Consumer Commission check websites and issue penalties where businesses purport to exclude non-excludable conditions.
Even where you think your requirements are simple you should still engage us. If it is simple, then the cost of your Website Terms and Conditions will not be high. If your requirements are complex, or more complex than you think, then its better you have us work through those complexities with you.
Believe us when we say we want your business to be as successful as possible. We want to be their working with you to help you succeed and share in that success with you.
