At the broadest, “terms and conditions” refers to the obligations, rights, and limitations written and found in any contract. Thus, in a real estate purchase agreement, among the terms and conditions are that the buyer must pay the purchase price, and the seller must transfer title to the property.
However, “terms and conditions” has a more specialized meaning in the software and internet sectors. In those sectors of the economy, Terms and Conditions are written contracts that legally govern and limit the use, by consumers and end-users, of websites and content. Terms and Conditions are also necessary with any software product sold. Again, software Terms and Conditions are written contracts that legally govern and limit the use of the software. Terms and Conditions also go by other names such as “Terms of Service Agreement,” “Terms of Use Agreement,” and “End-User Licensing Agreement.” Every business that operates on the internet or provides software-as-a-service (“SaaS”) needs a solid and enforceable set of Terms and Conditions written by an experienced Terms and Condition Lawyer.
While there are certain overlaps, the type of business and software will determine what needs to be in your Terms and Conditions. So, SaaS businesses will need proven and knowledgeable SaaS Attorneys to tailor specific Terms and Conditions for the software service being provided. Examples might include provisions with respect to limitations on warranties and damages and hold harmless provisions. An Internet Terms and Conditions Law Firm should be retained for the unique needs of internet businesses and websites. Examples here might include consumer uploading of copyrighted or trademarked content, user-to-user interaction rules, and terms of cancellation of user accounts. If you need a Terms and Conditions Law Firm, call Revision Legal at 231-714-0100. We are internet and SaaS attorneys with proven experience with IP protection, contract law, and complex litigation. We are lawyers specializing in internet law.
Why Do You Need Legally Enforceable Terms and Conditions?
First and foremost, you need Terms and Conditions to protect your business. Take, for example, limitations and rules for user uploading of intellectual property. If your Terms and Conditions do not adequately limit such content uploading, your business could be held liable for contributory infringement. You also want to limit your liability, the warranties — both contractual and implied. You want to select the forum and venue if a legal dispute is filed with courts or arbitration firms. There are many other protections that must be included in your Terms and Conditions.
Why Do You Need a Terms and Conditions Lawyer to Craft Your Terms and Conditions?
It is true that generic and cookie-cutter Terms and Conditions are available on the internet. Maybe those are good enough for small and startup websites and SaaS businesses. But, at some point, you will need a legal professional to tailor your Terms and Conditions to your actual business model. The dangers of using cookie-cutter Terms and Conditions include failure to include necessary provisions and unwittingly including provisions that injure the legal protections that Terms and Conditions are supposed to provide for your business. You also need legal advice and counsel when making choices between alternatives. For example, should you allow a consumer legal dispute to be filed in a civil court or limit such to arbitration proceedings? The latter sounds good, but experience has shown that arbitration proceedings can be more costly since many States have enacted laws requiring the business to front the arbitration costs.
Contact Revision Legal
For more information, call Revision Legal’s experienced internet attorneys today for assistance. You can contact us through the form on this page or call (855) 473-8474.
