A Handy Checklist for Updating Your Terms and Conditions

Further to our previous article “Is it time to revise your terms and conditions” If you’ve determined that it’s time to revise your T&Cs, use the following checklist to ensure that you’ve covered all the essential aspects:

1. Clarity and Accessibility

  • Plain Language: Are your terms written simply and clearly, 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 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 outlined?
  • Delivery: Do your delivery terms, including costs and timelines, reflect your current practices?

4. Limitation of Liability

  • Defined Liabilities: Are your liability caps clear and reasonable for various situations?

5. Force Majeure

  • Unexpected Events: Does your agreement include a force majeure clause to cover unforeseen circumstances like natural disasters or pandemics?

6. Intellectual Property

  • Ownership and Rights: Are intellectual property rights clearly addressed, including ownership and access?

7. Termination Terms

  • Termination Clauses: Are the conditions for terminating agreements or suspending accounts clearly defined?

8. Consumer Rights

  • Consumer Protections: Have you updated terms to comply with consumer-specific legal protections?
  • Cancellations and Refunds: Are cancellation and refund procedures up to date and compliant with current laws?

9. Dispute Resolution

  • Jurisdiction: Have you specified the governing laws and dispute resolution location?
  • Alternative Dispute Resolution: Does your contract include arbitration or mediation options?

Regularly updating your T&Cs is essential to stay legally compliant, manage risks, and maintain strong relationships with customers and partners.

If you need assistance reviewing or revising your business documents, reach out for a no-obligation consultation at commercial@berrysmith.com or call 02920 345511, and ask for the commercial contracts department.

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