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A Handy Checklist for Updating Your Terms and Conditions

Further to our previous article “Is it time to revise your terms and conditions” [*add link*] If you’ve determined that it’s time to revise your T&Cs, use the following checklist to ensure that you’ve covered all the essential aspects:

1. Clarity and Accessibility

  • Plain Language: Are your terms written simply and clearly, avoiding unnecessary legal jargon?
  • Organisation: Is the structure logical, with clear headings and sections?
  • Accessibility: Can customers easily access your T&Cs across all platforms, including mobile devices?

2. Legal Compliance

  • Up-to-Date Laws: Do your terms reflect recent legal changes?

3. Business Model Updates

  • Pricing and Payments: Have you reviewed payment terms, refunds, and deadlines?
  • Subscriptions: Are auto-renewals, cancellations, and renewal terms clearly outlined?
  • Delivery: Do your delivery terms, including costs and timelines, reflect your current practices?

4. Limitation of Liability

  • Defined Liabilities: Are your liability caps clear and reasonable for various situations?

5. Force Majeure

  • Unexpected Events: Does your agreement include a force majeure clause to cover unforeseen circumstances like natural disasters or pandemics?

6. Intellectual Property

  • Ownership and Rights: Are intellectual property rights clearly addressed, including ownership and access?

7. Termination Terms

  • Termination Clauses: Are the conditions for terminating agreements or suspending accounts clearly defined?

8. Consumer Rights

  • Consumer Protections: Have you updated terms to comply with consumer-specific legal protections?
  • Cancellations and Refunds: Are cancellation and refund procedures up to date and compliant with current laws?

9. Dispute Resolution

  • Jurisdiction: Have you specified the governing laws and dispute resolution location?
  • Alternative Dispute Resolution: Does your contract include arbitration or mediation options?

Regularly updating your T&Cs is essential to stay legally compliant, manage risks, and maintain strong relationships with customers and partners.

If you need assistance reviewing or revising your business documents, reach out for a no-obligation consultation at commercial@berrysmith.com or call 02920 345511, and ask for the commercial contracts department.

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