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Terms and Conditions for websites

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Lawdit Solicitors - Expert Author

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Legal compliance is of paramount importance to all businesses and it is becoming increasingly more difficult for businesses to continue to comply due to the raft of legislation that is coming in to force for within the UK, EU and beyond.

Online terms and conditions have become increasingly important. Particularly so with those sites known as ‘e-tailers’, the site must be structured so the customer presents to the supplier the offer the supplier is expecting. In effect, the supplier is inviting the customer to make an offer on the basis of the supplier’s terms and conditions. When the customer ‘accepts’ this premise (and presumably provides additional identity or payment information), the supplier must ensure, by using appropriate software, that the customer’s response/offer is limited to a ‘yes/no’ choice. There must be no opportunity for the customer to amend the terms in a way that may not be picked up by the supplier’s software. Try to ensure these terms are in a pdf format. The customer must not be able to proceed without first agreeing to the terms.

Form part of the contract

It is also important that the terms and conditions of the supplier actually do form part of the contract in question. It is far from conclusive but the agreed position is that such terms need to be brought to the attention of the customer prior to making the contract.

Lawdit’s Handy Tips

  •  Give your customer ample opportunity to read the terms.
  •  Ensure customer agrees to the terms.
  •  Present all necessary information to customers in a clear and easy to locate fashion.
  •  Terms and conditions should pop up automatically prior to the customer registering as a user.
  •  Sensible balance must be struck. This balance is between terms and ability of the customer to read these and purchase.
  •  Include a clear link headed ‘legal terms’, ‘terms of use’ and the like at the top or down the side of each page of the site directed to the terms and conditions.
  •  Each potential customer should also be presented with the terms and conditions and be given clear instructions where to read them both at the time of any registration and prior to the point any contract is formed.

For further information, please contact Izaz Ali


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2007-05-21 23:16:57 in Legal Articles

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