When producing content for a new website, the writing of Terms & Conditions and a Privacy Policy are often the areas which fill people with dread! Reading the ‘small print’ can be a painful process, often laden with incomprehensible jargon which even your lawyer has to read twice.
This can lead to businesses just downloading a version and plonking it on their site because it is easier. However this is a dangerous ploy as these documents are legally a contract between a business and the user of the website. They exist to protect both parties and unfortunately they are imperative to any business which is operating online. Below are a few helpful guidelines on how to figure out what to include.
Terms & Conditions
- YOU MAKE THE RULES
The rules which you include will be dictated by the type of business that you are operating.
-
- What is acceptable user behaviour? – This is vital if your site allows interaction between users. These clauses usually cover the transition of illegal material through the site, the type of behaviour expected between users and the promotion of material which would violate a company principle.
- What is acceptable content? – If your site allows users to post comments or articles, what material is okay? Commonly the user must be informed that defamatory and abusive material should not be used.
- What are the payment terms? – If your site is selling products or services online, it is usual to explain to the user how payment will be made, when it will be made and what happens in a dispute over payment.
- GENERAL CLAUSES
As this document is a contract it is wise to include some general clauses to protect your business. These clauses tend to use the same language whatever the purpose of the business so researching online and looking up other online businesses in the same field as yourself is a wise move. Some of the most common clauses are listed below:
-
- Limitation of Liability – protecting you against damages.
- Copyrights & Trademarks – protect your brand and intellectual property.
- Modification – the right to amend your terms and conditions.
Privacy Policy
The need for any online business to create a Privacy Policy depends on whether the business practises data collection. If your business doesn’t collect data, you can stop reading and get going with your terms. If your business does conduct data collection then a Privacy Policy is a vital document. Below are some tips on what to include.
- MAKE A LIST
Make a list of the information you will include in the policy. The common information will come from answers to the following questions:
-
- When will you collect the information?
- What info will you be collecting?
- How will you use the info collected?
- How will users update their information?
- Does the site discloses the info to other parties?
- How can users contact you if they have any concerns?
- WHAT IS REQUIRED BY LAW?
It is wise to check with your lawyer what is required to be included by law. This will depend on which country you are based in as each country’s privacy laws and acts will be worded differently.
OTHER HELPFUL HINTS
- Keep your content short and to the point.
- Use language that embodies the culture of your company.
- Obtain legal advice if you are unsure of any of your content.
- Remember to audit and adjust your legal documents as your online business diversifies.