Your terms and conditions with your client, customer or consumer are fundamental.
It is critical to get them right and make sure that all the foreseeable legal issues are covered. The reason why that is, is because if there is any ambiguity with you terms, if there is any discrepancies or inconsistencies between different terms, or if any of the terms are silent in any way, it is likely that a Court is going to find against you in favour of the client or customer.
Businesses often fall into the trap of thinking that they are a protected species.
The client, customer or consumer is generally going to succeed if there is a disagreement and the onus falls onto the business essentially to prove that they:
took all necessary steps to disclose their terms and conditions;
that was done prior to purchase;
that their terms and conditions were fair and reasonable;
compliant with all relevant laws;
not confusing or ambiguous in any way; and
covering fully for the legal issue in dispute.
Only tailored terms and conditions will have the best chance of protecting you against a frivolous or vexatious claim. In fact, in most circumstances, having the right terms prevents the disputes from occurring in the first place.
The stitch in time, saves nine.
We’ve tailored thousands of terms and conditions now for clients and look forward to helping your business.