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  • Writer's pictureArida Lawyers

Why It's So Important to Get Terms and Conditions Right

Updated: Nov 21, 2021

A verbal agreement is by nature hard to pin down. Not only is it incomplete, but it is also impossible to verify. Yet it is exactly this sort of informal arrangement that a fast-paced modern business may lapse into. It is also easy for consumers, out of trust or excitement, to not properly consider terms and conditions.

In this article, Arida Lawyers will be drawing upon its experience in contract law, building and construction law, and consumer law to discuss the importance of establishing terms and conditions that are in your best interests.

Why are terms and conditions so important?

Written terms and conditions assist by setting in stone a verbal agreement, and clarifying the expectations and consequences of all possible scenarios that might emerge. They provide a clear point of reference to judge breaches of contract by.

For example, terms and conditions can help to establish penalties for non-payment or delayed payment that would otherwise be impossible to enforce. Similarly, they can establish in what situations refunds must be given. Additionally, terms and conditions can be used to protect intellectual property by developing a framework that would stand up in court.

Proper terms and conditions increase the likelihood that disputes can be resolved casually, without entering the courts, because they encourage compliance. By formulating the agreement clearly, terms and conditions can hold both parties to account, encouraging responsible action and a mutually beneficial partnership.

Why it is valuable to engage legal counsel for terms and conditions

Terms and conditions established with the assistance of a contract law legal services firm remove roadblocks to success and limit your vulnerability. They give you the confidence that you are complying with the terms of the agreement, whether you are the consumer or supplier.

An experienced Sydney lawyer can draw upon their exposure to similar agreements in business and personal contexts, to ensure that the terms and conditions cover all possible scenarios. The risk in DIY terms and conditions is that they may not be legally binding, nor comprehensive.

Agreed-upon terms and conditions prevent any misunderstandings, and they limit liability by outlining the obligations of both parties. If produced and administered correctly, terms and conditions establish a clear record that is legally meaningful.

It is important to remember that terms and conditions may be overridden by overarching law or rights, such as consumer law. Therefore, it is especially important to have a specialist lawyer review your terms and conditions. If what they propose is in contradiction with Australian law, the terms and conditions may be meaningless and falsely reassuring.

A specialist in building law, construction law, contract law, employment law, or other aspects of law will be able to assist you in establishing or reviewing terms and conditions, whether you are a consumer, a supplier, or a contractor. Before you put pen to paper, contact Arida Lawyers on or 1300 146 390 to ensure the terms and conditions are in your best interests.

This article provides general information relevant to our expert services. It is not legal advice and should not be relied upon as such. If you are seeking legal advice, you should contact us for a free initial consultation.

Liability limited by a scheme approved under Professional Standards Legislation.

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