If your business operates a website, mobile application or requires downloading software, you should implement an attorney-drafted Terms and Conditions. Terms and Conditions is a contract between you and the users of your product. A lawyer can advise you on where to position your Terms and Conditions on your website to ensure it is legally binding (such as an “I accept” button--known as a “click wrap” agreement).
These documents establish conditions for the users of your site, such as the user code of conduct, disclaimers of warranties by the website and disclaiming liability for any links to third party sites -- among many other things. Some typical provisions may include:
User Code of Conduct
This provision is used to lay out expectations for how clients may use your product, as well as your right to revoke their use of your website or app in response to specified violations.
Limitation of Liability
This provision excludes the company from liability for any damages arising from the use of their website or product. Clearly establishing exclusions can be invaluable should a dispute with a client arise.
If applicable, your Terms and Conditions may state the accepted methods of payment, the timeline along which payment is expected, and how late payment, or a failure to make a payment, will be addressed by your company.
You can also provisions that explain how a client may terminate their engagement with your company, as well as any relevant fees or refund procedures.
What Your Product Will Access
If your website or app will need to access a client’s Facebook, twitter, email contacts, location or any other personal information, your Terms and Conditions may explicitly list these data needs and require clients to agree to provide them before they can proceed.
Links to Other Websites
This provision states that you are not responsible for any third party web sites that you link or connect to on your own website or app.
Copyright Notice and DMCA
Your company may provide a clear policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
This would first state that any content and logos on your website or app are your property and are protected. Furthermore, if a client believes that material or content residing on or accessible through your product infringes a copyright, this policy will establish how and to whom they should send a notice of copyright infringement, so you can most efficiently resolve the situation.
You can review a sample Terms of Service in Priori Legal's Document & Form Learning Center.