Note that you’ll sometimes see this agreement referred to as a Terms of Use, User Agreement or Terms of Service agreement. These terms are interchangeable and refer to the same type of agreement.
The purpose of a Terms and Conditions agreement is to prevent misunderstandings between the business owner (you), and the consumer. The agreement helps you:
Essentially, the T&C helps you run your business more effectively and with greater peace of mind.
This agreement forms the basis of an enforceable legal relationship. It tells anyone browsing your website, whether they are a casual visitor or an active client, what their legal responsibilities and rights are.
It also gives you, as the business owner and service provider, authority over certain undesirable things that a consumer may do on your website. However, let’s consider the specific reasons why business owners should always include a Terms and Conditions agreement on their website.
We can’t stress this enough – a T&C isn’t mandatory, but you should treat it like it is. Here’s why.
When you begin to draft a Terms and Conditions agreement, there are certain clauses you should make sure to include. Let’s look at each of these clauses in turn and consider how they are drafted.
Introduction Clauses
It’s very helpful to set out a clause (or clauses) at the very beginning of the agreement explaining what the agreement is, who it applies to, and when the terms are triggered.
Here’s how Instagram does this. It notes that the terms are triggered when a user creates an account on the platform or uses the app, and it clearly states that the terms constitute an agreement between Instagram and the user: