What should the terms and conditions cover?
Generally, they should cover things such as:
- How to purchase and pay for your services;
- Copyright protection;
- A disclaimer of liability;
- Information on how people can use your website, including behaviour which is unacceptable on the website (such as spam and offensive comments); and
In relation to selling services, your website must have extra provisions for when customers purchase things from your website. The specifics of these provisions will depend on the type of business you have and the kind of services that you are selling. Despite this, standard terms and conditions will include things such as:
- The payment method used to purchase services;
- The process, method and time of delivery; and
- Your business’ policies on refunds, (it is important that these are compliant with the consumer guarantees contained in the ACL).
What are the legal consequences of these terms and conditions?
In order to avoid any disputes about your services (or about your website terms and conditions) it is important that your terms and conditions are compliant with the ACL. Importantly, the terms and conditions should be set out clearly, and they should not unfairly disadvantage the consumer. The terms and conditions should be drafted correctly and thoroughly. They should also set out the rights and obligations of both parties if a dispute ever arises, and how to go about resolving that dispute.