Are terms and conditions legally binding?

by | Dec 10, 2021

Yes, but they have to satisfy specific criteria to ensure they are.

Each business is unique, and their contracts should be too. 

You’ll find some contracts are full of technical terms and legal jargon designed to confuse the customer or client. This type of behaviour is considered bad practice, as areas of confusion are often held against the supplier when a matter ends in court. However, that doesn’t mean you have to dumb things down too far; using technical terms in industry-specific contracts is entirely acceptable, as long as they aren’t intentionally confusing customers.

A contract needs to be clear, legible, and relevant to the operation of the business. They also need to be read and agreed to before the transaction begins.

There are several offline situations where terms and conditions are typed in small print on the back of an order form or a document only available after the transaction has begun. When a customer places an order before the delivery of the terms, the terms are invalid during later action. Similarly, checking a T&C checkbox at the wrong stage of an online transaction will invalidate even the most correctly compiled set of terms and conditions.

Disclaimer

The above is intended as guidance only and does not substitute legal advice. Please browse our existing Terms and Conditions services or get in touch with LegalDrop via our contact page if you need assistance.

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