Terms and Conditions of a business are the legal contract between a provider and customer for the supply of goods or services. This contract regulates the business relationship between the provider and customer by setting out the rights and responsibilities of each party.

It is often the case that businesses decide to put in place standard terms and conditions as it is a quicker and easier process. However, more often than not, it turns out that the terms do not cover every aspect of the business relationship and these gaps can cause unwanted dispute. It is therefore important for a business to ensure that the terms provided to the customer clearly and fairly cover all the elements of the relationship.

Key provisions

Although most agreements vary from one another depending on the goods or services provided, there will be key provisions that remain similar.

• A limitation of liability clause will allow for the parties to be protected against any breaches as well as establishing what would happen and limit a party’s exposure to liability should such breach occur. It is therefore important for such provision to be drafted in an unequivocal way.
• The term of the agreement should be clearly set out as well in order to determine whether the business relationship exists for a fixed term, and if so, the length of this business relationship.
• The consideration should also be a recurring provision between different terms and conditions. This would enable the parties to clearly lay out the consideration amount as well as the method of payment and what would happen in the event of late payment.
• Another important provision would be regarding data protection and compliance with GDPR regulations so both parties can agree the correct protocol to protect the data passed on between themselves.

The above is a non-exhaustive list of the provisions to consider and look out for when reviewing terms and conditions and it is therefore important for businesses to take legal advice when drafting terms and conditions or before signing said terms. Our Solicitors have a wide range of experience in advising businesses and dealing with drafting and negotiating terms and conditions in accordance with their client’s instructions so the contract is truly tailored to their needs. 

For further advice and assistance please contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk