Your terms and conditions are not a document you can set and forget. As laws change, business models evolve and customer expectations shift, outdated T&Cs can expose your business to unnecessary risk. Regular reviews help ensure your terms remain legally compliant, commercially effective and clear for your customers.
Use the checklist below as a practical guide when reviewing or updating your terms and conditions.
1. Clarity and Accessibility
Plain language: Are your terms written clearly and simply, avoiding unnecessary legal jargon?
Organisation: Is the structure logical, with clear headings and sections?
Accessibility: Can customers easily access your T&Cs across all platforms, including mobile devices?
2. Legal Compliance
Up-to-date laws: Do your terms reflect recent legal and regulatory changes?
3. Business Model Updates
Pricing and payments: Have you reviewed payment terms, refunds and deadlines?
Subscriptions: Are auto-renewals, cancellations and renewal terms clearly explained?
Delivery: Do your delivery terms, including costs and timelines, reflect your current practices?
4. Limitation of Liability
Defined liabilities: Are your liability caps clear, reasonable and appropriate for different scenarios?
5. Force Majeure
Unexpected events: Does your agreement include a force majeure clause covering unforeseen circumstances such as natural disasters or pandemics?
6. Intellectual Property
Ownership and rights: Are intellectual property rights clearly addressed, including ownership and permitted use?
7. Termination Terms
Termination clauses: Are the conditions for terminating agreements or suspending accounts clearly defined?
8. Consumer Rights
Consumer protections: Have your terms been updated to comply with consumer-specific legal requirements?
Cancellations and refunds: Are cancellation and refund procedures clear and compliant with current law?
9. Dispute Resolution
Jurisdiction: Have you specified the governing law and dispute resolution venue?
Alternative dispute resolution: Does your contract include mediation or arbitration options?
Regularly updating your terms and conditions is essential to maintaining legal compliance, managing risk and building strong relationships with customers and business partners.
If you would like assistance reviewing or revising your business documents, please get in touch for a no-obligation consultation at commercial@berrysmith.com or call 02920 345511, and ask for the Commercial Contracts team.
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