When dealing with contracts, both parties should fully understand all elements of a contract. First, an offer must be made by one party to another party. Next, the party receiving the offer must accept it. Then, there must be consideration exchanged between the parties. This could be a monetary amount or a simple promise to act under the contract. While all contracts are unique, there are certain terms that are commonly used in all contracts, particularly business contracts.
These are generally referred to as the terms and conditions of a contract. Such terms and conditions will identify the rights and responsibilities of both parties. We can assist you here, to understand your legal obligations to your customers under the Australian Consumer Law previously known as the Trade Practices Act. We can identify your rights and limit your liability, for example to offer replacement parts, repair and refund.
If any of your products come from a third-party supplier, you should also consider their terms and conditions and which may be appropriate to pass onto your customer for example, licensing. Can you or your customer cancel the contract and what happens in that circumstance? If you have already done some of the work, the customer may be liable to pay for the work part performed.
What rights will you and your customer have. Privacy has become a big issue, legally. If any personal information is provided through your website or if you collect personal information as part of your business, you may be legally required to give notice of a Privacy Policy. We can also draft a disclaimer to deal with anyone accessing your website to ensure that you do not become responsible for any third-party website hosting, advertisements, endorsements or links, comments posted on your site or potential viruses.
We will ask you some questions and guide you through the document. This can also be an excellent way to better understand your business and improve on your methods.
You must be logged in to post a comment. Scott Legal is a well trusted legal company based in Hoppers Crossing, Victoria. Scott Legal was set up with the desire to bring great legal advice to people who understand the need for professional legal knowledge. These agreements include guidelines for acceptable behavior, rules against users abusing your website or mobile app and many more useful sections. While a Privacy Policy is required by law if you collect personal data from users, a Terms and Conditions agreement is not mandatory by law.
This really includes anyone who owns or operates a website or a blog. So if you run a website or a blog and want to protect yourself from any legal issues, you should have had a Terms and Conditions set in pace. This is the agreement that sets the rules and guidelines that users must agree to and follow in order to use and access your website or mobile app. In this agreement, you can include the necessary sections to inform users of the guidelines of using your website or mobile app, what happens if users are abusing your website or mobile app, and so on.
Some examples of actions of abusive users can include: spamming other users, posting defamatory content, stealing content, along with many other cases of abuse. All of these can result in having those users who are found abusing your website temporarily banned. As the website owner, you are the owner of your logo, the content, the design of the website, and so on.
In the Terms and Conditions, you can inform users that you are the owner of such content and that the content you own is protected by copyright laws. You can also include the termination clause. This clause informs users that abusive accounts will be terminated and banned from using your website. The Termination clause is aimed at websites that have a registration section for example, when a user has to register before using or accessing certain sections of the website , as you can disable or ban the abusive users based on the activity of their accounts.
Usually, the Governing Law clause of a Terms and Conditions agreement refers to the jurisdiction or area that applies to the terms presented in the agreement. For instance, if your website is operated by a registered business in the state of California, then the governing law of your Terms and Conditions would be presented something like this: These terms and conditions are governed by the laws of the United States of America and the laws of the State of California.
When it comes to creating your Terms and Conditions, there are 3 common ways to go :. More importantly, if you copied your Terms from another site, you may not be able to rely on it to protect your business in court. This will give you a sense of what you need to include in your own.
These sites will put together a basic Terms and Conditions for you, and in many cases, this will be a decent suitable option, particularly if you are not actually conducting any business from your website for example, your website just advertises your services.
However, if you do decide to use terms and condition generator or if you do use my sample, I would highly recommend contacting a business lawyer to review it before you post it on your website. As website users become increasingly aware of the importance of protecting their personal information online, the need for websites to include comprehensive privacy policies is more important than ever.
Personal information can be anything that can be used to identify an individual and can include the name, address, date of birth, marital status, contact information financial records, credit information, and medical history. It informs the client what specific information is collected, and whether it is kept confidential, shared with other websites, or sold to other firms or companies. Most countries have their own laws and guidelines of who is covered, what information can be collected, and what it can be used for.
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