Updated January 24, 2023
A small business terms and conditions is a document that outlines a contractual relationship entered into when a user accesses a company’s website. It includes rules related to payments, warranties, and the dispute process regarding the business’s products and services.
Main Purpose
The main purpose of creating terms and conditions for a website is to protect the business from liability.
Unlike a privacy policy, terms are not required by any governing body and are meant to establish the grounds under which the business conducts itself.
What to Include (12 Clauses) |
1. Introduction
The date when the terms and conditions were created or the last updated date should be mentioned.
The intro paragraph includes the website’s name, URL address, owner (entity name), contact information, and a general statement that any website user accepts the terms and conditions. Users may leave anytime if they do not accept the website’s terms.
Introduction.
Last Updated: [DATE]
Welcome to [WEBSITE NAME] (“Website”). Through the use and by accessing this Website, users agree to be legally bound to the terms and conditions set forth herein. If, for any reason, there is disagreement with any of the terms or obligations below, you may choose to exit and cease any use of the Website.
2. Terms of Use
Requires that users agree to adhere to local laws, respect the website’s intellectual property and that the website can only be used for its intended purpose. Any violation of the terms of use may subject the user to a suspension of their account or services.
Terms of Use.
This Website and any content located on thereof, including but not limited to writings, images, logos, software, code, and any other information (“Content”) provided is deemed to be proprietary is owned by the Company. The Content is protected by copyright, trademark, and other intellectual property laws. Therefore, users are prohibited from using any such Content for any commercial purpose without the express written consent of the Company.
Users are required to use the Website, its Content, or any of its offerings for their intended purpose. Any innappropriate use may terminate a user’s access and, if damages are found to be caused, may result in legal and financial liability.
3. Intellectual Property
All content, whether written by the small business or its users, is the website’s property and protected under copyright and trademark laws. This includes articles, legal documents, coding, images, logos, and any other content created by the website.
Intellectual Property.
The Website, and any original content located or mentioned therein, is the ownership of [COMPANY NAME] and protected under copyright and trademark laws. Therefore, users are prohibited from copying, reproducing, modifying, distributing, displaying, or using any content of the Website without the owner’s express written permission. If any user is found to have used any original content without permission, they will be subject to legal and financial liability to the fullest extent of the law.
4. Limitation of Liability
Any product or service not used in the manner intended is not the business’s liability. Once the product or service exchanges hands, the business is indemnified from any harm, claims, or damages resulting from the item sold. Any returns or exchanges should be mentioned in the return policy.
Disclaimer of Liability.
The services and products (“Offerings”) made on our Website as provided exclusively on an “as-is”, “as available”, and “where is” basis without warranties of any kind, express or implied. We do not guarantee that the Offerings provided will meet your expectations for its intended purpose or that such Offerings will work uninterruprted or without defect. In no event shall we be liable for damages of any kind, including but not limited to, direct, indirect, incidental, special, or consequential damages related to the use of inability of use of the Offerings.
5. Third-Party Websites
To indemnify from any harm due to the reliance on third (3rd) party websites, such as referrals, affiliates, or sources used for the website’s content. This disclaimer should be used to release the website of liability due to any harm caused by a third party.
Third-Party Websites.
This Website may source its content, link, recommend, or be an affiliate that receives money for recommending third party websites. Any mentioning of a third party on the Website does not endorese the content of such third parties and we do not hold ourselves responsible for any activity that takes place. Any third party websites should be used at the sole discretion and at the risk of the user and we shall be held harmless in any event
6. Feedback
This clause is to establish the methods by that users can give suggestions on improvements for the website and its processes. This should be included if the website has comments, ratings, or reviews that can be viewed publicly, and such content published by users should be respectful of others. Any language should be prohibited that includes slurs, sexual content, discrimination, or any other offensive content.
Feedback.
We welcome feedback in the form of comments, suggestions, ratings, reviews, and any other content that helps us and our users find the best offerings for their intended need (“Feedback”). Any such Feedback can be directly communicated to us via e-mail by sending to [E-MAIL ADDRESS] or by using any other format offered on our Website.
When submitting any Feedback, either directly to us or in any other method, users agree to refrain from using any kind of inappropriate language that involves sexually explicit, harmful, dircriminitory, or offensive language.
7. Payment Terms
The accepted forms of payment inform users of the approved methods for electronic transactions. Generally, this includes credit cards, PayPal, and if payments are accepted over the phone.
Payment Terms.
All payments made on the Website must be made using the approved methods at the time of purchase. Such available payment methods may include credit cards, debit cards, PayPal, ACH, bank wire, or any other form of electronic payment. All prices displayed are in [CURRENCY TYPE] and subject to taxes, duties, or levies based on the user’s location. We reserve the right to change our prices anytime and without notice. If any user who has made a purchase is unsatisfied with their product or service, they may be compensated per our refund policy.
8. Warranties, Returns, and Refund Policy
Any promises, guarantees, or warranties on any product or service offered for sale should have some assurance from the business. Otherwise, the business should clearly define this if sold on an “as-is, where-is” basis. This section should also include any return and refund policies for users who are unhappy with a product or service. This allows for a clear understanding of a dispute between the business and the user.
9. Governing Law
The governing law is the jurisdiction where disputes will be handled if any should arise between the website and a user. These are also the laws that will be abided by, if any, in relation to the services and products offered.
Governing Law.
The terms and conditions provided herein are governed under the jurisdiction where the Website is located in the country of [COUNTRY] in accordance with [STATE/PROVINCE] (“Governing Law”). Any products, services, or procedures followed by the Website are in accordance with Governing Law.
Any action, complaint, or legal filing made by a user of the Website shall be made in a court located within the bounds of Governing Law to which the Website must consent.
10. Updates
A website can update its terms and conditions anytime and without notice to its users. This is possible by making changes to the webpage where its located and updating the date.
Updates to Terms.
The terms and conditions mentioned herein may be modified anytime, and at our sole discretion, by posting the amendments on this webpage and mentioning its date. The continued use of this Website, following the posting of any changes to the terms and conditions, constitutes acceptance of those changes. It is not required for us to give notice to users when the terms are updated.
11. Privacy Policy
A privacy policy is required if the website will have users located in California (CCPA), Canada (PIPEDA), or the European Union (GDPR). It is generally located on its own webpage and not included in the terms and conditions.
Privacy Policy.
Our privacy policy is located at [URL] and governs the collection, management, and disclosure of how we use personal information of users on the website. Through the use of this website, consent is given to how we use such data. Depending on the laws located in a user’s country, they may be entitled to certain rights regarding their personal information.
12. Acceptance of Terms
For most websites, the acceptance of the terms and conditions is through a browsewrap method, which is a link located on a screen or the bottom of the website to obtain a user’s consent. The statement mentions that a user’s consent is granted immediately upon entering the website.
Acceptance of Terms.
Through the use of this Website, all users agree to be bound by the terms and conditions mentioned herein. If you do not agree to any portion of these terms, you are prohibited from using or accessing this Website. If any changes, amendments, or updates are made to these terms and conditions, acceptance of such updated terms are agreed to at the time of accessing this Website.