Expert Advice on Terms & Conditions of Business

All Businesses should have properly drafted Terms of Business. This is fundamental to the success and prosperity of a business as it governs the relationship between the business and the customer.

In certain types of contract, particularly those involving consumers there are prescribed provisions which must be in place in writing. In some circumstances, failure to comply with these provisions can result in customers not being liable to pay for services even where services have been rendered.

Ordinarily, Terms of Business will cover matters such as:

  • How and when you will be paid;
  • What happens if you are not paid on time;
  • How or when services or goods will be provided;
  • Any limitations of liability which may apply;
  • What happens if a dispute arises

There is a distinction between contractual relationships between businesses and consumers compared with business to business relationships. It is important that businesses understand this distinction and adopt appropriate practices and procedures, particularly where businesses may deal with both consumers and other businesses.

Consumer Contracts

There are a number of statutory provisions which businesses must comply with if a business deals with consumers. Failure to comply with some of these regulations can render a contract as being void.

Some of the provisions which businesses have to comply with include:

  • Consumer Contracts (Cancellation, Information and Additional Charges) Regulations 2013;
  • Consumer Protection from Unfair Trading Regulations 2008
  • Consumer Protection Act 1987
  • Unfair Contract Terms Act 1977;
  • Consumer Credit Act 1974;
  • Data Protection Act 2018

Commercial Contracts

Where a business deals with other businesses, there is much more freedom as to the terms which can be agreed within a contract including for instance limitation of liability clauses and more onerous contractual provisions.

Commercial Contracts can be individually negotiated and drafted. It is important that you take expert advice on any contract you draft or are asked to sign.

How We Can Help

Our Expert Contract Lawyers can assist in all manner of drafting , negotiating and advising businesses on contractual relationships including:

  • Standard Terms of Business
  • Consumer Contracts
  • Commercial Contracts
  • Joint Venture Agreements
  • Loan Agreements

Often we can act on a Fixed Fee basis.

At Ison Harrison we are specialist business solicitors, with wide experience of drafting terms and conditions for many types of businesses. We will take the time to understand the particular needs of your business, something an online seller of document templates will never do. From that, we will tell you what terms will work and what will not, particularly if you trade with members of the public.

FAQs

Do you offer fixed fees for the preparation of a set of Terms and Conditions?

Yes we do!

Can you prepare one set of Terms and Conditions to cover both business to consumer and business to business transactions?

We can do this but do not recommend it. The rules and regulations protecting consumers are strict and it is increasingly difficult to cover both transactions in one set. We think it better to have separate sets to avoid confusion and trouble with Trading Standards.

How long will the work take?

Depending on your precise requirements, we aim to have the first draft to you within 14 days but earlier timescales may be possible depending on our workflows.