Terms and Conditions

Protect Your Business with Clear Terms and Conditions

At Lawson West Solicitors, we have extensive experience in drafting and reviewing Terms and Conditions and Service Agreements. Our expert legal team will work with you to understand your business operations and objectives, crafting contracts that protect your interests and provide clear guidance to your customers. Whether you are a start-up or an established company, our bespoke legal services ensure that your business is covered.

What are Terms and Conditions?

Terms and Conditions, also known as Service Agreements, are legal documents that outline the rules, guidelines, and requirements that customers or clients must agree to when using a company's products or services. These agreements specify the rights and responsibilities of both the business and its customers, including payment terms, service delivery standards, liability limitations, dispute resolution processes, and conditions for termination. By clearly defining these terms, businesses can protect themselves from potential legal disputes, ensure compliance with laws and regulations, and provide clarity to customers about what they can expect from the company's services.

Key Issues to Consider in Contract Negotiations

Negotiating a contract involves careful consideration of various factors to safeguard your business interests. Here are some key issues to keep in mind:

1. Identifying the Other Party

• Have you worked with the other party before? If not, consider conducting a credit check.

• If the other party is based overseas, seek legal advice to ensure you have adequate protection.

2. Performance Requirements

• Specify if you require certain individuals to perform services.

• Decide if subcontracting is acceptable or if changes in ownership would affect the contract's validity.

3. Goods and Services Description

• Clearly and accurately describe the goods or services to prevent disputes.

• Detail what is expected of each party.

4. Pricing and Payment Terms

• Define whether the price is fixed or variable and what it includes (e.g., delivery, installation).

• Set clear payment methods and timelines (e.g., lump sum, instalments).

5. Risk Management and Liability

• Consider potential issues and their consequences.

• Buyers should seek broad liability coverage, while sellers should aim to limit liability and avoid covering consequential losses.

6. Deadlines and Timeframes

• Set clear deadlines for delivery or performance and tie them to the payment schedule.

• Include provisions for ending the contract or imposing penalties for late performance.

7. Intellectual Property Considerations

• Clarify ownership of any intellectual property created under the contract.

• Make sure the necessary legal protections are in place to safeguard these assets.

8. Security and Enforcement

• Evaluate the financial stability of the other party to ensure they can fulfill their obligations.

• Consider requiring guarantees or other forms of security.

9. Standard Terms of Business

• Be aware of whose terms apply, especially when dealing with another party's standard terms.

• Ensure your terms are clear and take precedence.

 

Contact Us Today

For professional advice on drafting or reviewing your Terms and Conditions or Service Agreements, contact Lawson West Solicitors. Protect your business and ensure peace of mind with our expert legal support.