Your Terms and Conditions (T&Cs) are more than just the ‘small print’ — they are the foundation of your business relationships. Yet many companies don’t realise how critical they are until something goes wrong.

Whether you’re selling products, delivering services, licensing software, or collaborating with partners, your T&Cs set out the rules of engagement. When they’re unclear, outdated, or copied from a generic template, they can become a liability—not a safeguard.

Why are your T&Cs important?

T&Cs do more than tick a legal box. When done properly, they:

· Define the scope of your obligations

· Set clear payment terms and timelines

· Allocate risk and liability

· Clarify how disputes will be resolved

· Help you comply with legal and regulatory requirements

When a dispute arises – over late payments, deliverables, missed deadlines, or IP ownership – the first thing lawyers and courts look at is the contract. If your T&Cs are vague, silent, or ambiguous, the outcome can swing sharply against you.

5 common problems we regularly see:

1. Using Generic or Outdated Templates

Templates can be a useful starting point, but they rarely reflect the reality of your business. They may contain irrelevant clauses, or miss crucial ones.

2. Misaligned Business Practices

Even well-drafted T&Cs can backfire if your team doesn’t follow them in practice. Payment processes, delivery timelines, and customer communications need to align with what’s in the contract.

3. Missing or Weak Limitation of Liability

Failing to clearly cap your liability, or excluding key protections, can expose your business to disproportionate claims.

4. Unclear Dispute Resolution Clauses

Where will disputes be heard? Under which country’s law? Without clarity, you risk costly and protracted legal wrangling.

5. No Update for Legal Changes

Laws change frequently, especially around data protection, consumer rights, and digital services. Your T&Cs need to keep up.

How We Can Help

We work with clients across sectors to ensure their commercial documents are tailored, enforceable, and aligned with how they actually do business.

Whether you’re a startup scaling rapidly, or an established company entering new markets, we can help you:

· Draft new T&Cs

· Review and update existing terms

· Align your business practices with your legal documents

· Create sector-specific protections

· Train your team on how to use T&Cs effectively in practice

Berry Smith Bottom Line

Your T&Cs are only as good as the thought put into them. Don’t wait for a dispute, a customer complaint, or a missed payment to realise they weren’t fit for purpose.

A proactive review now could save you significant time, cost, and stress later.

For expert guidance you can reach out to our specialist lawyers on 02920 345511 or at commercial@berrysmith.com