The essential document that significantly increases your business’ success and protection are your terms and conditions (Ts & Cs). The Ts & Cs are the standard contract that your customers or clients sign up to when they purchase goods or services from you. While you might be tempted to draft it yourself, enlisting the services of a qualified solicitor who specialises in contract law can prove invaluable, saving costs and time in the long run. This is particularly the case when selling goods and services to consumers because of the numerous additional protections which consumers (i.e. members of the public) have under various pieces of legislation such as the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, amongst others.
The commercial team at Savage Silk has experience in drafting a wide range of Ts & Cs for numerous types of businesses, including businesses which sell goods and services to other businesses and businesses which sell goods to consumers. We also act for a range of business types including sole traders, companies, LLPs, and traditional partnerships.
Below are six reasons why instructing a solicitor to create your business’ Ts & Cs is a wise investment in safeguarding your interests and ensuring compliance with the ever-changing legal landscape.
1. Legal Expertise and Compliance
Drafting Ts & Cs requires a thorough understanding of complex legal concepts. A solicitor specialised in contract law possesses the expertise to tailor the agreement specifically to your business’ needs. They ensure that the Ts & Cs align with current laws and regulations, minimising the risk of potential legal disputes and ultimately assisting you in being paid on time to assist you in managing cash flow. For example, there are three different types of consumer contract so it is important to know which one your business falls under before any drafting can begin. The three types of consumer contract are distance contracts, on-premises contracts, and off-premises contracts.
2. Tailored to Your Business
Every business is unique and a one-size-fits-all approach to Ts & Cs is not appropriate and may leave you exposed to significant risks. It is tempting to download a set of Ts & Cs from Google but (aside from likely being a breach of intellectual property law) when push comes to shove, these are unlikely to protect your business or reflect the way you actually do business. Our team will take the time to understand your businesses way of conducting its operations (modus operandi) and its products and services to ensure that the Ts & Cs are precisely tailored to your business model. This personalised approach enhances the document’s effectiveness in protecting your rights and mitigating liabilities.
3. Clarity and Precision
A professionally drafted set of Ts & Cs is characterised by clear and unambiguous language. The commercial solicitors at Savage Silk have honed their skills in legal writing, ensuring that the agreement is easily understandable by all parties involved. This clarity helps prevent misunderstandings and disputes, as well as boosting customer trust and confidence in your business. This is particularly important in consumer contracts where one of the legal requirements for those contracts is that they have to be written in ‘everyday’ language otherwise the term will not be enforceable against your customer.
4. Comprehensive Coverage
A well-drafted set of Ts & Cs should encompass all vital aspects of your business dealings. From payment terms and delivery policies to intellectual property rights and dispute resolution mechanisms. Our commercial solicitors will ensure that no essential element is overlooked. This comprehensive coverage leaves no room for ambiguities and helps safeguard your business’ interests.
5. Protection against Litigation
A strong set of Ts & Cs acts as a protective shield for your business, helping to ward off potential legal challenges from customers. Our commercial solicitors anticipate potential risks and incorporate necessary clauses to limit your exposure to legal liabilities, reducing the likelihood of costly litigation.
6. Keeping your terms and conditions up to date
As laws and regulations evolve, so too must your Ts & Cs. As well as drafting Ts & Cs, our commercial solicitors also review existing Ts & Cs and suggest potential changes to ensure they remain current. We then suggest changes you may wish to make to reflect changes in legislation since your terms were first drafted or additional terms to increase the protection your terms offer.
Drafting Ts & Cs for your business is not a task to be taken lightly. It is not the case that simply having any old set of Ts & Cs will suffice – the terms need to reflect your business model and contain the correct types of clauses. It is a critical legal document that safeguards your interests, protects against potential disputes, and sets clear obligations for all parties involved. The knowledge, expertise, and legal acumen that our commercial solicitors brings to the table in this regard are indispensable in creating a robust and tailored set of Ts & Cs.
If you are a business owner and need assistance to create or review your Ts & Cs, please contact a member of our Commercial team on 0345 209 4700.
Chris Morgan, Senior Associate, Savage Silk Solicitors