Although a voice in the back of your head tells you that you need to get the Terms and Conditions (T&Cs) of your business sorted as soon as possible they are often the last of your priorities. After all, T&Cs are lawyer’s stuff which doesn’t add to your business and may destroy the unique selling points of your products or services, right? Not really…….T&Cs state how you run your business and go into essential commercial and operational aspects.
The law does set limits and requirements to certain areas covered by terms and conditions just like it does to your business. You should be aware of those requirements and limits (in particular if you are selling directly to a consumer) and legal advice is advisable here.
It does not mean that your T&Cs cannot reflect your marketing and sales strategy. They can and they can also add value to your strategies as they clarify how you operate your business. And you don’t need to use complicated legal jargon to get them right!
If you can answer these 13 questions with your sales and marketing strategies in mind you will be half way through the process of creating your T&Cs.
What do you sell? What should your clients expect from your products or services? What are your quality standards, and which guarantees do you give to your clients? What can’t you guarantee to your clients and what you don’t want to be liable for? When do you and your client have a binding contractual relationship? Will you supply your products or services under your terms and conditions or under your client’s? When will you deliver? When will you get paid? How you will get paid? What is your cancellation policy? How will you handle complaints and returns? What happens if you cannot deliver as promised? What happens if your client doesn’t pay you?
If you get the answers to these questions right, your lawyer’s job is likely to be much easier and faster which means smaller legal costs and a T&Cs document that reflects your business.
If you don’t have these questions clearly answered, your relationship with your clients is likely to fall into a grey area where misunderstanding and disputes are more likely to arise.
You don’t need to be a lawyer to know what may happen if you don’t have T&Cs in place, a client says they were expecting delivery within 10 days of ordering and you can’t meet their expectations. Not to mention situations where you think you have a contract with a client but they think otherwise!
If you can get your 13 questions answered, one of the expert LawBriefs we work with can review your answers and finalise your legally safe and marketing friendly T&Cs. Clarity is king when operating a business and your T&Cs are the crown!
If would like to speak to us about this or any other legal matter just click here or call our friendly LawBite team on 0207 148 1066.
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