When starting a business, terms and conditions aren’t usually something anyone gets excited about. (Are they ever?) Assuming a company actually has written terms in place, a common approach is to “borrow” a precedent from an ex-employer or competitor and make a few tweaks so it does not look like a total crib!
The problem with this approach can be the source of the original terms. Often there can be a chain of slightly amended terms flowing down from a contract written decades earlier with things being corrupted, out of date or just not necessary. They might also have been written to address specific circumstances that do not apply generally to your business.
What do they mean and do they do what you want?
If you read through your terms and conditions, do you understand what they all mean and why they are there? If not, why are you using them? A contract needs to reflect the risks you are willing to accept as a business and if you are not clear what you are signing up to, this may not be the case.
At some point any contract terms were written to order but do they actually (still) reflect the terms you want to operate to? The time to find this out is before things go wrong and you end up in dispute.
Best practice is to review your terms on a regular basis and have different sets in place to reflect the variations in your business. This needn’t be expensive. At Punk Legal we can provide a low cost review and amendment of terms, carried out by experienced legal professionals.
This note does not constitute legal advice and is for general information only to highlight common issues.