Tips for creating the bulletproof Terms and Conditions for your Website

6 replies
Usually, when I'm done with my content writing work, I get this question from my clients. What more can be done for my website? What do you suggest I should include? Well, this is the moment when I say. Look, you have invested a great deal of time and money in your website. Why ruining it all because you lack Terms and Conditions (Terms of Service, Terms of Use). Then, I hear, but those documents nobody reads. Yes, this is true. Nobody reads Terms when everything is OK and your website is doing just fine. However, when something goes wrong and your website's users and costumers complain or protest, then you will write your Terms at least hundred times and eventually learn them by heart. So, my point is that after a long way you have to go through creating your website's content, you should make the final step and create proper Terms. How? Well, there are two ways?

Option #1

The first thing you can do is to check your competitors' Terms. You can take the parts that are the most relevant for your website and business. Then, all you have to do is to adjust and rewrite them to suit your purposes. This is something you can do yourself, or hire a paralegal or a content writer who specializes in writing these types of documents. It goes without saying that the final version has to be plagiarism free. It is an absolute must that once you are done with the adaptation and rewriting work, you should run a plagiarism checker to make sure there are no such issues with your Terms. I recommend Copyscape for this particular action.

Option #2

If your website and business are a bit more specific, then you have no other option than to build your Terms from the scratches. Again, this is something you can try to do on your own, or hire a pro to do it for you. Either way, there are a few points you should pay attention to. The following points you can use as a checklist to make sure all essential elements are included in your Terms.

The Form

One of the most common misconceptions about the Terms you use for your website is that they have to be a strictly formal legal document. This is simply not true. Why? Well, your website, your rules. You can do whatever you like with it. Of course, you will eventually suffer the consequences of your choices in this case. As a content writer, I have seen quite a few Terms that were extremely funny and creative. All the main points were there, but written in quite an unusual and a little bit an unorthodox way. Rest assured that these guys knew what they were doing. Just because you write your Terms in an informal way, it doesn't mean that you are less protected. This is actually a great way to motivate your website visitors and users to actually read your Terms. Who says that writing Terms is supposed to be a dull and boring activity? Right?

Who is who and what is what in your Terms?

Your website, business, all the products and services you provide are perfectly clear to you. However, you can't expect the same, unless not entirely, from your users. This is why, starting your Terms with a convenient "dictionary" is a good way to avoid any confusion and misinterpretation. You are free to explain who is who and what is what on your website in simple and understandable words. Who is a user? What it takes to become a member of your website or your services? Make sure that you don't have too many terms in your Terms' dictionary. Keep your terms list short and simple.

How your website works and what is its purpose?

This is the section where the Terms have to explain how your website functions and what is it all about. My word of advice is to use an opportunity to invite users to read and examine your Terms because this is in their best interest. There's no need to make threats like if you don't read these Terms then you can get in trouble. Just a kind reminder will do. Here's another word of advice regarding your Terms' structure. It is advisable to use numbers for your Terms, so you and your users can orientate quickly and easily. I'm obviously referring to your Terms' sections. Each should have different numbers associated with them. This was an extremely helpful thing for me when I had to deal with the inevitable corrections and revisions while working with my clients. For instance, it is much easier go to section 3.5. and fix this and that, than is to copy the entire section or instruct when to find it. Be patient with your Terms. I understand that is very boring and even ridiculous to explain obvious things. If you run an eCommerce website, do you really need to explain what it does? Well, you have to because you need to eliminate any possibility of complaints associated with it. Therefore, take your time in explaining what your website does for its visitors and users. Also, what are the specific purposes you are trying to achieve with it.

List of obligations

Your website has specific obligations toward its users and visitors. The same is to be applied to the other side. Your users have to comply with your rules and expectations in order to get all the things and use all the features as planned. How to make sure that you haven't left out some of the important obligations? Well, walk in your user's shoes for a moment. Go through your website just as an average visitor will eventually do. What do you expect to be done? What are the things you are forbidding? What are the obligations of your website you are committing yourself to fulfill in return?

Limitations of liability and warranties

This is the most brutal part of your terms. Why? Because you have to protect your website and business. Basically, you will refuse to accept responsibility for anything and everything that can possibly go wrong on your website. If you are thinking I'm exaggerating about this, then I strongly encourage you to check what Facebook, Apple, eBay, Google have to say about it with their lovely terms. Even if you are selling goods or providing services through your website, you have to limit your responsibility to the highest degree possible. As an average user, I was often confused and even frustrated with this no matter what and we don't accept any kind of responsibility policy of the most popular and widely used websites. Yet, this is something you should try to understand. Without these painful and merciless sections the entire World Wide Web could have collapsed in a matter of minutes. We wouldn't have enough lawyers on the planet to file all the potential lawsuits in these matters. Yet, try to use the friendly tone in these unpleasant matters as much as possible. Like, despite our best efforts we can't guarantee that this and that can happen blah blah. Trust me, no one will mind and your website will be safe from harm.

Jurisdiction

It is hard to believe how we pay little or no attention to these couple of lines that can either save you or put you in unimaginable trouble. Why? For some strange reason, we like to use fancy locations. Like any potential disputes are to be addressed to the courts in London and New York. Is this really necessary? You want for your website to look and feel as a part of the world. Maybe, you are embarrassed that you don't have an office in the Silicon Valley or somewhere else in California. But, here's the catch. Do you really plan to travel half across the globe or hire the most expensive lawyers in the world, if someone decides to sue you, and you recklessly chose the jurisdiction of the courts in London, for example? Your local court is your best choice. The closer - the better. Keep that in mind.

Closing regulations

You are almost good to go with your Terms. In this section, all you have to do is not to forget about these things. Inform your website users that you can and will update the website itself and your Terms from time to time, but your obligation is not to inform them every time about these changes. Let them take care of this by checking your notes about potential updates. One more thing, you should put a note that you are allowed to do whatever you like with your Terms' section and your document will be still effective and obligatory at any given moment.

Where's the privacy policy?

Honestly, I wanted to wait and see if my fellow warriors will find these tips to be useful. Then, I would be more than willing to write something like the Part 2: How to write Privacy Policy for your website. I understand that nobody loves these types of document neither to read nor write. Yet, they are important. The worst thing you can do about your website's Terms is to underestimate their importance. Also, don't take them for granted. One of my clients used to make a joke about my position as a content writer regarding these types of documents. He said I'm like an arms dealer. I deal with the both sides. Those who need and appreciate Terms will give me a work to do. Those who doesn't regardless of the reasons also give me work to do. How? Well, I guess I have written as many Terms as I had to write Legal Notice Letters against poorly written Terms. So, if you appreciate these tips for Terms, let me know so I can write something useful for Privacy Policies. Either way good luck with your Terms. They work the same as your insurance policy. You may not have to use them as long as you run your website. Or, you may have to use them just once, but this would be something to remember as long as you're in business. Cheers!
#bulletproof #conditions #creating #terms #tips #website
  • Profile picture of the author agmccall
    or you can just download one of the hundreds you can find for free. If your policy pages need to be specific to your business then hire a attorney to write them and not a freelancer hack.

    al
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    "Opportunity is missed by most people because it is dressed in overalls and looks like work." Thomas Edison

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    • Profile picture of the author neshaword
      Originally Posted by agmccall View Post

      or you can just download one of the hundreds you can find for free. If your policy pages need to be specific to your business then hire a attorney to write them and not a freelancer hack.

      al
      Good luck with online free versions. You don't have to pay someone to do it for you, but at least you should invest some of your time and efforts in adjusting them properly. Again, you can take your chances, hope for the best, or learn how important Terms are the hard way. It only takes one single patient user who knows how to read Terms and look for loopholes. I'm not saying worship the Terms, just pay some extra attention. How hard could it be?
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  • Profile picture of the author kilgore
    Originally Posted by neshaword View Post

    Why ruining it all because you lack Terms and Conditions (Terms of Service, Terms of Use).
    Originally Posted by neshaword View Post

    Good luck with online free versions. You don't have to pay someone to do it for you, but at least you should invest some of your time and efforts in adjusting them properly. Again, you can take your chances, hope for the best, or learn how important Terms are the hard way. It only takes one single patient user who knows how to read Terms and look for loopholes. I'm not saying worship the Terms, just pay some extra attention. How hard could it be?
    You talk a lot about "ruining it all" and "loopholes" and such. But in my four plus years operating my business and in the 10 years before that working as a web developer, I've never once encountered a situation where I referenced my Terms of Service in a dispute with a customer or website visitor. And I'ver certainly never found anyone referencing any "loophole" in my Terms of Service.

    So what are these risks your talking about? Can you provide a few examples of times where having a "bulletproof" Terms of Service on your website helped your business? What happened? What did you do? What clauses or sections in your Terms of Service did you draw upon to resolve the situation?

    Rather than relying upon vague threats and hyperbole, I think some specific examples would go a long way to helping demonstrate the importance of what you're talking about.
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    • Profile picture of the author neshaword
      Absolutely Kilgore. You said you're or were in the web development business. Here's one example. But, please don't say I'm imagining things. I have to change a thing or two, because I signed an NDA, but you will easily decide how reliable or authentic this example is. OK?

      So, there were some guys from let's say Germany. They were making some machines, complex parts. They invested a great deal of money in professional photography. So, they can upload and use the pictures of these elements on their website. Now, the problem was, when they created or better to say borrowed some of the free versions warrior "amgccall" is referring to in his comment at the beginning of this discussion, according to copy and paste, we will worry later principle, they forgot a couple of things.

      The most important ones were definitely regarding intellectual property and copyrights. So, there was another company and website from China who shamelessly used these pictures without knowledge and approval of the rightful owners from Germany. One of the customers brought this problem to their attention. All of these could have been simply avoided with a line or two in Terms, where you say all what you see on this website is my property blah blah.

      So, what happened? Well, I wrote a final legal notice letter to these guys in China. Luckily for us, meaning my client, they were scared enough to withdraw these pictures. I threatened with an empty gun to tell you truth. There's a procedure for copyright protection, which isn't a simple or cheap one. Terms make it be much simpler and efficient. Now, the craziest part. The guys from China didn't even bother to look the Terms of my client. They could have defended themselves that there were no indications about intellectual property. In addition, for some reason unknown to me company from China had jurisdiction of the London, UK courts in their Terms?! Now, imagine the legal expenses and tickets and stuff.

      Now, you run your website for a decade with no problem at all. You only need one problem, though. I'm not some legal scarecrow with a huge sign on its neck, beware the end is near, you don't have Terms, lol. The devil is in the details, especially the ones hidden in your Terms. So, read your Terms one more time. There are more examples ready to be shared, but there are also some clients waiting for me to deliver some work, so I can get paid. Cheers!
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  • Profile picture of the author CabaMate
    Isn't it better to leave T's and C's and privacy policies to the experts?

    I was under the impression these are legally binding documents and they need to be created by a legal expert.
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    • Profile picture of the author neshaword
      Originally Posted by CabaMate View Post

      I was under the impression these are legally binding documents and they need to be created by a legal expert.
      Apple, Facebook, eBay and other giants definitely need an army of legal experts to take care of their legal docs such as Terms, Privacy Policies, and similar. On the other side, small businesses can afford themselves a luxury of taking care of these tasks by themselves or with a help of a paralegal, who doesn't have to be an expert rock star in this field. Let's not exaggerate things, but let's also underestimate them, as well. That was my point with the Terms situation.
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