Website Terms and Conditions

If you are wondering whether you need a Terms and Conditions on your website, then more than likely the answer is yes – particularly if you it’s on your mind.

Why have Terms and Conditions on your Website?

If still not convinced whether to implement a Terms and Conditions page on your website, then here are a few top reasons why you should have a terms and conditions page available, preferably available THROUGHOUT the website:

  • Terms and Conditions could SAVE you money in legal fees. If your terms and conditions are written correctly, they could protect you from potential lawsuits if in the event that a client is unhappy with your service / product.
  • Terms and Conditions can provide a potential customer with “peace of mind” on a) your credibility and b) what will happen if they submit their information to your website e.g. their details, email address and even credit card information.
  • Terms and Conditions protect your company / website and customer / client.
  • Terms and Conditions could save you time explaining things like:
    • Refunds, Returns and / or losses
    • Copyright violation
    • Contact Information
    • Data information and privacy
    • Contractual information
  • Terms and Conditions provide a visitor to the site with clarity on the business and how the website business operates.

What should be included in a Terms and Conditions page?

Every website is different and certain websites will require a more detailed breakdown that others. Example information that could / would be included in a Terms and Conditions would include:

  • Company Information e.g. VAT, Address, Company Registration Number, etc
  • Privacy Policy (also sometimes treated separately on a website)
  • Copyright information
  • Refunds / Return Info
  • Insurance Info
  • Complaints – who to complain to, where to complain to and how complaints will be handled
  • Data Protection and / or Use of data submitted
  • Data Privacy
  • Contact Information
  • Communication Information – how communication will take place
  • Legal Information e.g. children under age using the website

As mentioned above, every website is different, so certain subjects mentioned above wouldn’t be applicable and in some instances, more subjects would need to be covered.

Who sets up the Terms and Conditions?

When building an e-commerce shop or a large website that is quite advanced (where visits register / subscribe / buy products online, etc), we would highly recommend an attorney that specializes in cyber law assist you with the setup of the terms and conditions.

You can ask your web agency for suggestions, but if you have any concerns, it’s definitely worth consulting an attorney who understands the legalities when it comes to the online environment.

It may require forking out some extra cash, but it could save you in legal fees or losses further down the line.

Do I HAVE to have a Terms and Conditions?

Good question. This is possibly a question that only you can answer. If you have a very simple website that doesn’t do mail subscribes and doesn’t do any selling, then possibly not. We can advise you as we deal with you and get familiar with the project, but to be 100% sure, consult and attorney.

Summary

Terms and Conditions can be a valuable piece of information available on your website. It’s ultimately your call at the end of the day to include a terms and conditions, but to protect both your client and your business, it’s definitely worth considering.

Confidentiality Agreements (NDA)

Confidentiality agreements and non-disclosure agreements (NDA) can prove to be very valuable documents used when developing a concept or business idea.

What is a Confidentiality Agreement or Non-Disclosure Agreement?

A confidentiality agreement as the name states is an agreement between at least 2 parties. The agreement stipulates and / or includes what information may NOT be disclosed to other parties and ultimately creates reassurance between the parties that any information disclosed between them will remain confidential.

When is Confidentiality Agreement or Non-Disclosure Agreement used?

An NDA is typically used when 2 businesses or companies consider doing business or some form of project or transaction together. Given that we build custom websites and database solutions, we have very often been asked to sign non-disclosure agreements to ensure that we do not:

  1. Take the idea and build the same concept
  2. Disclose information outside of Mammoth Solutions

Using an NDA when discussing projects provides clients with reassurance that a company or party can be trusted and that they have a legal backing should their idea “leak out”.

What should be included in an NDA?

  • Information on both parties
  • Details on what IS confidential and not to be disclosed to other parties
  • Details on what IS NOT confidential and may be discussed. This is not always included, but can be useful in situations where parties need to outsource certain responsibilities.
  • Period that the information must remain confidential e.g. 5 years, 10 years, etc
  • Period that the information disclosed is “binding”
  • Etc

Where do I get a NDA from?

There are free downloadable NDAs available online. We, at Mammoth Solutions, are also happy to provide potential clients with a copy of our standard non-disclosure agreement.

If you plan on building a website that is highly sensitive, it may be best to even consult a lawyer / attorney to ensure you cover “all your bases”.

Summary

This is a very rough outline on the purpose and use of a NDA. More research and information is widely available on the internet. In summary, we would suggest a confidentiality agreement with any project that is a new concept or contains sensitive information.