Solicitors for Business Terms and Conditions

Terms and conditions set out the contract between your company and your customers. They put your business in a much stronger trade position, limiting your liabilities and and protecting your rights.

Every business, from sole traders to large multinational corporations should have a set of terms and conditions.

However, navigating the terms of such contracts can often be complex and confusing. Instructing a commercial solicitor to draft your terms of business;

1. Provides clarity and peace of mind by setting out the provisions under which you want to do business, and
2. Ensures that the terms of the contract are legally enforceable.

At Rothera Bray, we can draft or review your business terms and conditions to make sure they serve your business.

The risks of not having terms and conditions for your business

The lack of business ‘Ts & Cs’ can be disastrous for your business.

Without clear agreement between your company, your customers and suppliers, there’s a high risk of misunderstandings and disputes arising, especially when it comes to cash flow. Chasing late payments and debt recovery is expensive.

A well drafted set of terms and conditions is like having an insurance policy. They’re an expense and you might not think they’re necessary, until you need them.

What standard terms and conditions should include

A company’s standard terms and conditions should include;

• Products details – the details of the products and/or services you provide
• Pricing – how much you charge for the products and/or services you provide
• Payment terms -when and how you will be paid as well as details about late payments
• Delivery details – when and how you’ll deliver your products and/or services
• Termination clauses – when and how to terminate the contract between customer and supplier

Well drafted terms and conditions can not only result in better cash flow thanks to setting out clear payment terms. They can also save your business money and time as they reduce the likelihood of having to take legal action against non-paying customers.

Do terms and conditions have to be in writing?

Sometimes business is done using verbal contracts or informal agreements.

These contracts can be legally binding but they’re risky, especially when large sums of money are involved.

It can be incredibly hard to prove a verbal agreement even exists. It’s even more difficult to prove the terms and conditions of that agreement.

A clear set of written terms and conditions agreed by both parties will reduce the likelihood of a dispute arising.

What does it mean to have transparent terms and conditions?

Transparent terms and conditions mean they’re written in an easy to understand way. They don’t contain technical words or confusing jargon.

As a business owner, you know the language of your industry. However, the chances are your customers don’t. Using technical language, or language that’s difficult to understand could automatically make the terms and conditions of your contract invalid.

Also, in the event of a dispute, if your T&C’s are difficult to understand, a client could claim they never understood them in the first place.

The more transparent and easier to understand you make your terms and conditions, the more they will protect your interests.

What’s the difference between B2B and B2C terms and conditions?

Consumers have a lot more in the way of legal protection than businesses. They have statutory rights and there are a range of laws and regulations that affect consumer contracts, like cooling off periods for example. They need to be simple to understand and rules about unfair terms of contract limit how much you can do to limit your liability.

Business to business terms and conditions have fewer restrictions. This doesn’t mean you can do what you want. If you try to eliminate all liability and a dispute goes to court, the judge might deem that they’re unreasonable and judge against you.

Can I write my own terms and conditions?

It’s common for new business owners to write their own terms and conditions or use templates from the internet in an attempt to save costs.

Oftentimes, writing your own terms and conditions carries the same risks as not having any at all.

Should I have my existing terms and conditions reviewed?

If you created your business terms and conditions yourself, you should definitely have them reviewed by a specialist solicitor.

Also, laws and regulations change. Terms and conditions which were perfectly adequate when your solicitor wrote them, might no longer be suitable.

If laws and regulations change within your industry, you should have your existing terms and conditions reviewed to make sure they serve your interests.

Why use Rothera Bray for your business terms and conditions?

We can review your current trade conditions and will work with you to draft terms and conditions that are specific to your business.

We can advise you on how to incorporate your terms of business into your contract with customers so they are legally binding.

We have years of experience writing terms and conditions for all types and sizes of business.

We pride ourselves on our attention to detail to ensure your terms and conditions are accurate and easy to understand.

Our commercial law experts can help you with drafting terms and conditions for your business relationships with suppliers, customers or simply to appear on your website.