Why is it so critically important to have a written terms and conditions agreement in place to protect your app, website or company when doing business? One of the best, most experienced mobile app terms and conditions attorneys & lawyers Andrew S. Bosin has offices in New Jersey outside of New York City and provides legal advice to mobile app companies, mobile apps startups, mobile app websites and developers, technology, SaaS and software companies and e-commerce, internet businesses and websites.
Andrew drafts and negotiates mobile app website terms & conditions, mobile apps terms of use agreements, privacy policies, internet law contracts and agreements, e-commerce contracts and agreements, e-commerce website terms and conditions pages, website contracts & agreements, end user agreements, web hosting agreements and e-commerce contracts and agreements. Andrew can assist the legal needs of mobile apps companies and internet and e-commerce businesses located in the United States, New York, New Jersey, Philadelphia, Boston, Connecticut, Delaware, Atlanta, Orlando, Tampa, St. Petersburg, Miami, Ft. Lauderdale, West Palm Beach, Florida, Dallas, Houston, Austin, San Antonio, Texas, Phoenix, Denver, Colorado, Seattle, Portland, San Diego, Orange County, Los Angeles, San Francisco, Silicon Valley, Kansas City, St. Louis, Ohio, Alaska, Idaho, Memphis, Nashville, Pittsburgh, Washington DC and Charlotte.
So why shouldn’t you do business without a website terms and conditions agreement in place?
1. Written terms and conditions help to create certainty as to the agreement
A Terms and Conditions agreement is the agreement or contract where you inform the users, visitors and customers of your website about the rules, terms and guidelines that they need to follow in order to use and access your website. A Terms and Conditions agreement has become extremely important for the protection of your website or company. While oral contracts in theory are just as enforceable as written contracts, the main problems with oral contracts are evidence and certainty. You may forget some of the terms that have been agreed to with the passage of time or there may be a dispute as to what was actually agreed upon.
2. Written terms and conditions help to minimize legal disputes and the chances of your company being sued
If you have clear written terms covering all of the necessary areas of how you do business, the chance of a legal dispute is minimized as a lawyer will advise the customer, visitor or user that the terms are clear on the matter and they would have little chance of winning if the matter were to go to court. Accordingly, you are less likely to be taken to court. While it’s not required by any laws currently through a Terms and Conditions you can maintain your rights to exclude certain users that may abuse your website or do not follow the rules you establish.
3. Written terms and conditions help you to spell out all of the important legal matters and not to overlook the things that are less obvious
As a non-lawyer and the owner of an app or website you will likely be thinking about the more business-related terms such as price, payment terms and delivery costs. However, you may not think about limiting your liability, disclaiming your liability for failure or delay caused by force majeure, or things out of your control, and amongst other legal terms, the protection of your intellectual property rights. A well drafted set of terms and conditions will help protect your company’s legal rights.
4. A well written terms and conditions can help reduce your liability
Today, websites and/or apps are filled with goods and services typically not offered by the host website but rather third party companies. A well written terms and conditions agreement can limit your company’s exposure to liability by stating in clear terms that your company is not liable for any damages of any kind suffered by a user or visitor to your site incurred by using a third party product or service. And, a well drafted terms of use should limit your company’s liability and damages exposure to no more than what the user, visitor or customer paid for your own company’s services, products or app.
5. A terms of use agreement can require users or visitors to your website to arbitrate claims rather than going to court.
The last thing you want to do is have to defend a lawsuit brought by a customer, user or visitor in a state across the country. This will be extremely time consuming and costly. I always recommend to clients that if allowed by the state they are doing business in to put in an arbitration clause in the company’s terms of use requiring all legal claims and disputes to be brought in the state the client is doing business. Not only is this less time consuming and costly it will likely prevent the filing of frivolous lawsuits.
6. Written terms and conditions can help you to enforce your agreement
If you have clear and unambiguous terms and conditions, it will be very clear where a customer or user has breached the contract. Written contracts are much easier to enforce should you wish to take a customer to court or if you have to defend a lawsuit brought by a user or visitor to your website.
7. Written terms and conditions may help you to provide better customer service
A clear set of terms and conditions that are applied consistently to all users, visitors and customers can help you with providing good customer service.
8. Written terms and conditions help you comply with the law
There may be certain regulations that apply to your particular industry that you would be wise to make reference to in your terms and conditions.
Please call mobile app & software terms and conditions attorney Andrew S. Bosin for a free initial legal consultation at 201-446-9643.
www.njbusiness-attorney.com | andrewbosin@gmail.com
Terms and Conditions Lawyer Andrew S. Bosin is located in New Jersey just outside of New York City and has a nationwide Law Firm serving clients in the United States, New Jersey, New York, Buffalo, Queens, Manhattan, New York City, Westchester County, Islip, Oyster Bay, Rochester, Utica, New Rochelle, Tonawanda, White Plains, Binghamton, Saratoga Springs, Rockland County, Brooklyn, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, Staten Island, Allentown, Scranton, Lancaster, Harrisburg, State College, College Station, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Toledo, Akron, Dayton, Provo, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Broward County, Dade County, Newark, Delaware, College Park, MD, Cook County, Phoenix, Denver, Boulder, Ft. Collins, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Manchester, Burlington, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Alexandria, Virginia, Reston, McLean, Cambridge, Quincy, Riverside, San Bernadino, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Round Rock, San Marcos, Louisville, Richmond, Tempe, Southbend, Bloomington, Knoxville, Oxford, Tuscon, Long Beach, Ames, Ft. Collins, Lawrence, Blacksburg, Charlottesville, Champaign, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Mobile, Alabama, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Wake County, King County, Redmond, Kirkland, Bellevue, San Mateo County, Contra Costa County, Cupertino, Los Gatos, Sunnyvale, Mecklenburg County, Jacksonville, Gainesville, Boynton Beach, Orange County, Palo Alto, Harris County, Waco, Columbia, Missouri, Tarrant County, Bucks County, Lehigh County, Bethlehem, Pennsylvania, Burlington, Portland, Maine, Manchester, Concord, Nashua, Cambridge, London, Paris.