Terms and conditions are essential in providing a basis for a contractual relationship between parties for goods and/or services.
In this article, Corporate & Commercial expert Arya Koohgilani covers everything you need to know about your company’s terms and conditions.
When should a company change their terms and conditions?
As a company evolves and grows, it becomes increasingly important that the terms and conditions reflect the fast-changing state of its operations and any shifts in its practice. Market changes also play a fundamental reason why the terms and conditions may need to be updated.
The reason for updating your terms and conditions can vary, some of the most common reasons for doing so can include:
- You offer new products and services that are not currently detailed in your existing terms and conditions,
- You have a new payment structure or terms,
- Changes to various laws and regulations that may impact your industry.
Do you have to notify customers of changes to terms and conditions?
Whilst there is no overarching requirement that you must notify customers of any changes, you are not allowed to put consumers at an unfair disadvantage under the Consumer Rights Act 2015.
You may also have a provision in your existing terms that states that you will notify customers of any changes to your terms and conditions. For example, you will often receive an email from a company to let you know that they have updated their terms and conditions, and request you to accept these or deem acceptance by you continuing to use their service.
Can terms and conditions be changed after they are entered into?
Whether you can amend or change the terms and conditions after they’ve been entered into will depend on the current terms. There will often be a clause which allows parties to amend the terms and conditions by mutual consent of both. Any changes should always be documented clearly, and where possible, in writing.
Drafting a variation clause into terms and conditions is useful in identifying the process of how any variation to the terms may be made and how this can be done.
Do you need a solicitor to write terms and conditions?
Terms and conditions can become problematic if they are not well drafted and can leave you exposed to contractual and contentious issues. A solicitor will be best placed to ensure that your terms are compliant, relevant to your business model and practice whilst also covering the necessary aspects that you want incorporated so that every avenue is covered.
Especially in the growing age of AI, more and more businesses are using this to produce terms and conditions. It is important to be wary and make sure the relevant clauses are sufficient in their wording and not open ended to invite interpretation.
Specialist Corporate & Commercial Solicitors
If after reading this article you have any questions or would like to discuss updating your terms and conditions, you can get in touch with one of our Corporate & Commercial experts on 01202 499255 or by filling out the form. We offer all new clients a free initial chat.
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