Last updated November 28, 2022
What are Website Terms and Conditions?
Terms and Conditions are what establish a contract between a website and its users.
Whether it’s for business or entertainment, it’s essential to establish a set of rules and expectations between these parties. These are standard terms of use that clarify the role of the site owner and appropriate user behaviour.
If either party violates these terms during a transaction and the matter escalates to court, your Terms and Conditions can act as evidence of the user agreement.
Imagine your site’s Terms and Conditions as an extra layer of protection that helps you:
- Establish ownership
- Limit liability
- Prevent abuse
Protect yourself from potential legal troubles by clearly communicating the risks and responsibilities a user takes on whenever they access or use your website.
Are terms and conditions required by law?
The law in Ireland doesn’t generally require a website to have terms and conditions. However, depending on the nature of your site, terms are often needed to deal with certain legal obligations.
For example, if you’re selling goods and/or services online, regulations for distance selling and e-commerce will apply. As such, it’s important to create Website Terms and Conditions to acknowledge your compliance with the law.
Answer our questionnaire to see which standard terms you’ll need for your website’s purposes. We’ll let you know when certain regulations may apply based on your answers. However, for complex situations, it’s best to contact a solicitor for advice.
Does a website also need a privacy policy?
Because websites often serve global audiences, it’s important to be aware of international privacy laws that may affect you.
Any website that processes the personal data of European Union or United Kingdom citizens is subject to the General Data Protection Regulations (GDPR). Likewise, the state of California in the U.S. has additional requirements for privacy policies.
That being said, it’s a good idea to be transparent about how your site handles personal information. A Privacy Policy is a great method of communication.
Use LawDepot’s Privacy Policy template to ensure you’re covering all your bases when it comes to collecting, processing, and protecting user data.
How do I create terms and conditions for my business website?
Use LawDepot’s Website Terms and Conditions template to generate a document that suits your needs. Then download your document as a PDF, print a copy for your records, or paste them onto your website where users can easily find them.
1. Describe the website and its owner
First, specify what type of website you have:
- E-commerce or online shop
- Personal or professional blog
- News or entertainment media
- Job portfolio
- Other
Next, state the owner’s name (whether an individual or a company) and your site’s domain name.
Let users know how to contact the owner by providing a phone number, email address, and mailing address. If applicable, you can also direct users to a feedback form on your website.
Finally, state whether the website has an age restriction. If so, give the minimum age a user must be to access the site.
2. Address site content
It’s important to describe the content on your site so users have clear expectations. For example, site features can include:
- User accounts
- Physical or digital goods for sale
- Services for hire
If you sell goods or services, clarify the purchase options available. This can include a subscription, a one-time purchase, or a combination of both.
In any case, clearly describe the details of these payment options including:
- Renewals, cancellations, or free trials
- Acceptable payment methods
- Delivery options
- Refund policy
3. Establish rules for site contributors, if needed
If your site allows user-generated content, clarify what type of content they can submit.
Furthermore, you should address any third-party contributions (e.g., promotional offers/services or advertisements/links to other businesses).
4. Add final details
Consider listing unacceptable uses of your site to minimise the chance of abuse. Although you can write your own terms, our template also provides a list of terms to address:
- Harassment, abuse, or a violation of the rights of other users
- Posting inappropriate or offensive material
- Copyright infringement
- Hacking user accounts
- Fraud
You can also address any site guarantees. For instance, many companies offer a satisfaction guarantee on their products or services.
You might also want to outline a method for resolving disputes if any arise. If so, you can add a clause with the steps you should take to find a solution (i.e., mediation and arbitration).
If there are any other terms you need to add, our template has guidelines for writing them.
Users don’t necessarily sign the contract, although they may complete an action (e.g., selecting a check box) to verify their consent.
How often should I update my Website Terms and Conditions?
You should update your Terms and Conditions whenever there’s a change in your site operations that impacts the user. If you decide to update the Terms and Conditions your current users previously agreed to, you should notify your users about the changes you plan on making.
For example, if your site implements new technology or features, it’s a good idea to update your terms to explain how this change impacts the user. It’s also best practice to notify your users about these changes before they occur.
Some reasons you may need to change your Terms and Conditions include:
- Implementing new software or features
- Beginning to sell goods and services
- Complying with the legal requirements of new laws
- Editing the terms for clarity and readability
Failing to update your Terms and Conditions when necessary can have negative consequences. This runs the risk of violating the law and giving users the grounds to sue.
