If you have a business, you almost certainly have a website. While a website is a critical part of your business, it can also be a source of liability. However, that liability can be mitigated by well-crafted Terms & Conditions and a Privacy Policy.
TERMS & CONDITIONS
The Terms & Conditions set out for websites basically become a contract between you and a visitor to your website. The Terms & Conditions clearly sets out the proper use of the website and can be used to directly limit your company’s liability. It is important, however, to take time to think through what should (and should not) be included in the Terms & Conditions. Here are some examples for you to consider.
- Will visitors log into your website? If so, what access will they have? What will they be able to do and what should be prohibited?
- Will you be collecting or processing payments through your website? What payment methods will you be using? What is the return and refund policy?
- Do you need to disclaim any aspect of your goods or services?
- Will you allow visitors to post content on your website? Who will own this content? How will you ensure the content does not infringe on someone else’s intellectual property rights?
- If a dispute arises, should it be subject to arbitration or litigation? Which State law should govern? Should the prevailing party be entitled to attorney’s fees?
PRIVACY POLICY
A website’s Privacy Policy is more of a disclosure. It should advise visitors as to what information the website will capture, how that information will be stored, how that information will be used, and who the information may be shared with. What you can and cannot do with personal information will depend on which jurisdictions your website is subject. You must take into account where you sell your goods and services and where the buyers of your goods and services are located.
When developing your privacy policy, consider what information you collect from your visitors and whether that information is important for your business operations. Most likely, there will be legal obligations that will arise for any personal information collected, so the less personal information collected by your website, the less your exposure and potential liability. Of course, a well-drafted Privacy Policy is only as good as its implementation. So make sure your employees and vendors are aware of and comply with the policy as well.
Lastly, be mindful that the law that governs Terms & Conditions and Privacy Policies is always evolving. Thus, please make sure to regularly review and update your website’s Terms & Conditions and Privacy Policies.
At Ser and Associates, we assist our clients in developing and drafting their websites’ Terms & Conditions and Privacy Policies. If we may be of assistance to you in getting your website in tip top shape, please contact us at 305.222.7282 or [email protected].
Also, please be sure to visit us at www.Ser-Associates.com and follow us on Instagram, Facebook, and/or LinkedIn to learn more about how we can assist you and your business!
