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Terms of Business
Your organisation’s “terms of business” documents will be a key element of your relationships with customers. However, you will need to make sure that any such agreements you reach are fair and adequately protect your organisation’s interests.
Table Of Contents
The expression “terms of business” refers to the document that sets out what has been agreed between a business and its customer.
“Terms of business” are sometimes referred to as “terms of sale” or “terms of service”. Regardless, this document is crucial for a business that sells products or services, forming the basis for its relationship with a given customer.
When you are looking to draft a terms of business document, our in-house commercial lawyer at Cranbrook Legal can assist you at every stage.
We can help to ensure, for example, that your terms of business are legally sound, as well as comprehensive and fair.
Terms of business don’t need to be complicated or full of jargon. Indeed, it is of the utmost importance that this document is clear and easy to understand, to minimise the scope for future confusion or disputes.
Our lawyer can help you make sure this is the case for your own next terms of business with a customer.
The specific elements that your organisation needs to include in its terms of business will depend on the nature of its products or services.
Below, however, are some of the standard terms that typically need to be covered in such a document:
The above should not be regarded as an exhaustive list of all the components your organisation’s own terms of business may need to have. Contact us today for further information, advice, and guidance.
There are various steps you can take to help ensure the enforceability of your organisation’s terms of business. These include:
Various consumer protection laws and regulations exist in the UK, such as the Consumer Rights Act 2015, the Consumer Protection from Unfair Trading Regulations 2008, and the Consumer Protection Act 1987.
Considered together, these laws and regulations set out a range of obligations that businesses will need to take account of when they are putting together terms of business documents.
To give a few examples of how consumer protection laws protect consumers:
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When you are drafting liability and indemnity provisions for a terms of business document, you should clearly define the scope of the company’s responsibility.
This section of the agreement will need to be clear about who the “indemnifying party” (the party assuming liability) and who the “indemnified party” (the party receiving protection) are.
It should also set out specific triggering events for liability, as well as limitations on the liability amount, and notice requirements. Clear information will also need to be given in the terms of business on how claims will be handled.
Yes, a terms of business document should always include cancellation or termination clauses. These clauses are crucial, given how they clearly define the process and conditions under which either party to the document can end the business relationship.
Why Choose Us For Your Terms of Business?
You can take a number of steps to help ensure your organisation’s adherence to relevant industry regulations, when you are drafting and putting into effect a terms of business document:
We would also urge you to put in place arrangements for regularly reviewing your terms of business document. Your aim should be to make sure the document continues to be aligned with the latest regulations and industry standards.
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The short answer to this question is: all of them. Terms of business documents can hugely vary across businesses of different types, sizes, and sectors.
Our in-house commercial lawyer can advise and assist you with the drafting process for any type of terms of business. We can provide a project-managed, end-to-end, and tailored service, to help ensure this document meets your organisation’s needs.
If growth is a particularly strong priority in the operation of your business, you will need to focus on constructing a strong foundation, with a clear understanding of the market.
It will also be vital for you to develop relevant and adaptable products or services, and to prioritise customer acquisition and retention.
Our commercial lawyer and broader team here at Cranbrook Legal can advise and help you with various aspects of your business structuring. As a result, you can be well-placed to guide your business on a path to sustained growth.
There is a range of legal factors that you will need to take account of when launching a business. These will encompass such aspects as the structure of your business, licensing, insurance, contracts, data protection, and occupational health and safety.
The term “corporate governance” refers to the system of policies and practices that guides a given company’s operations, conduct, and decision-making.
By carefully considering all vital aspects of your organisation’s corporate governance – which include, but are not limited to board composition, risk management, internal controls, and corporate culture – you can help to ensure your company operates in accordance with the highest standards of accountability, fairness, transparency, and responsibility.
If your organisation is facing a legal issue, your first course of action should be to seek advice from a commercial lawyer who is well-qualified and experienced in the relevant area of law.
Such a legal professional will be able to help you assess the situation, understand your options, and devise a well-informed strategic response.
We provide most of our legal services on the basis of a pre-agreed fixed fee. To find out more about our quoting and pricing approach, please visit the dedicated fees page of our website.
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