clauses for terms and conditions

Post on 24-Jan-2018

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Your Terms and Conditions (1) (T&C) contains all of the rules between you and the users of your website/app.

This important legal agreement helps:

Protect you from liability,Prevent the misuse of your website/app, andSet forth all essential terms for using your website/app

(1) Link to https://termsfeed.com/terms-conditions/generator/?ref=blog-sidebar-start-here

Here are 11 essential clauses that should be included in your T&C agreement.

1 Acceptance of Terms

For your T&C terms to be enforceable, your users need to accept your T&C agreement.

Let users know what constitutes acceptance in your Acceptance of Terms clause.

1 Acceptance of Terms

The best method for getting acceptance is through clickwrap (2), where users have to click a check box and/or link to show they are agreeing to your terms.

(2) Link to https://termsfeed.com/blog/examples-click-accept/

1 Acceptance of Terms

You can use a more passive browsewrap (3) method where users are considered to accept your agreement simply by using your service.

(3) Link to https://termsfeed.com/blog/browsewrap-clickwrap/

2 Reference to your Privacy Policy

Let users know that you have a Privacy Policy (4) and provide a link to it.

(4) Link to https://termsfeed.com/privacy-policy/generator/?ref=blog-sidebar-start-here

3 Authorized Users

This is only necessary if you want to limit who can access your website/app, such as for adults only or age restrictive websites.

4 User Submissions

This is only necessary for websites/apps that allow user-generated content (5) such as photo sharing apps.

Here is where you’ll explain ownership, licenses you’ll claim and a disclaimer that users access this user-generated content at their own risk as well as other stipulations to user submissions.

(5) Link to https://termsfeed.com/blog/4-clauses-host-user-generated-content/

5 Payments and Billing

This is crucial if your website/app offers paid services, memberships, subscriptions or sells anything.

What fees you charge,What forms of payment you accept,Penalties for returned or missed payments,Refund information,Collections information,Etc.

Let users know:

6 Copyright Infringement

If you allow user-generated content on your website/app, you must provide a means for users to report copyright infringement under the Digital Millennium Copyright Act (6) (DMCA) in the United States.

(6) Link to https://termsfeed.com/blog/dmca/

7 Disclaimers and Warranties

These clauses are fairly standard and boilerplate, but very important.

Don’t forget about including one to protect yourself from liabilities.

8 Intellectual Property Rights

Here is where you claim ownership and IP rights to your business trademarks, copyrights and proprietary information and let users know they are not allowed to use it.

9 Applicable Law

Let users know what jurisdiction will apply if any disputes arise under the legal agreement.

10 Termination of Use

Let users know:

How they may terminate their own accounts, andThat you may terminate their accounts under certain circumstances

11 Changes to Terms

Retain the right to update your terms as needed.

Let users know how they will be notified of any changes.

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