Ten tips for drawing up fair contract terms and conditions

1. Put yourself in the consumer’s shoes

When drawing up the contract terms and conditions, you should also consider the consumer’s interests. Would you have understood and entered into a contract on the terms you are offering?

2. Write in a way that people understand

Write in a way that the consumers will understand. Avoid legal or technical words and terms that are not used by most people.

3. Write in a direct, concise and brief manner

You cannot expect the consumers to read never ending information. Make sure that the contract is as brief and to the point as possible.

4. Give and take

Exercise caution when giving yourself expanded rights under the standard terms which will not apply for the consumer. The contract must safeguard both parties.

5. Highlight the most important points

Make it easy for the consumer to grasp the most important terms and conditions, for example by using a brief summary of the key terms at the top of the document.

6. Familiarise yourself with the legislation that applies to your product

There may be many rules that regulate the product you are offering. Familiarise yourself with these and ensure that your terms and conditions comply with the law.

7. Do not hide the terms and conditions

Make sure that all customers have seen the terms and conditions before entering into the contract. Avoid pre-ticked boxes or dead links. The terms and conditions must also be easy to find later

8. Notify consumers of changes

Notify consumers clearly if you amend the contract. Highlight which terms have been amended so that the consumers can consider whether they still wish to use your product.

9. Don’t lock consumers in

Don’t make it unnecessarily cumbersome, difficult or costly for the consumer to terminate the contract if they want to.

10. If in doubt, seek legal advice

If you are in doubt about whether your terms and conditions are compliant, you should seek legal advice. You can also contact the Consumer Authority for general guidance on the law, but please note that we cannot pre-approve your terms and conditions.