Every business needs a cracking set of terms and
conditions. Whether you're selling products or services, your
T&Cs should clearly describe what you're doing and set
expectations as to when you'll do it and on what
Over time, your product suite and service offerings are likely
to be enhanced and updated. You may make modifications here and
there, add new items and remove others. You might invest in
infrastructure and change the way your service is delivered. Or
there might be a change to the laws affecting your industry.
When was the last time you took a good look at your T&Cs?
Are they easy to understand? Do they help you close sales quickly
and efficiently? Do they explain exactly what you're doing for
Here are the top 10 signs your T&Cs need a makeover:
They refer to the Trade Practices Act or the National Privacy
The liability clause appears in capital letters.
The dispute clause refers to arbitration but you have no idea
what that means, or if it's any different to mediation or the
Your T&Cs are a mish-mash of terms you found on Google,
"borrowed" from a competitor or "donated" by a
The same issues keep coming up in negotiations with
You haven't reviewed your T&Cs in the last 12 months.
In fact, you have never actually read your T&Cs from start to
finish. Your head hurts just thinking about it.
The Sales team hates your T&Cs. They complain that the
document is not userfriendly, and customers are slow to sign off on
your standard terms.
Your T&Cs sound like they were written in the 18th century.
Is "hereinbefore" a real word?
You're looking at selling the business and think a buyer
won't care about your T&Cs.
You don't know why anything on this list is a problem.
Your T&Cs are living documents. If they don't change as
your business changes, they're useless. The best T&Cs are
clear, succinct and proudly stamped with your brand personality.
Unless you're a bank, don't let your T&Cs make you look
and sound like one.
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We discuss whether certain clauses commonly found in ordinary commercial contracts could be considered to be penalties.
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