Privacy Policy

Terms and Conditions

 

Everyone involved in the contract must understand the terms and conditions.

This may not be a straightforward concept as, inevitably, some legal and business terminology will be included in the document.

So, in order to avoid any misunderstandings or confusion, ensure you define any “difficult” words or phrases.

You should also keep the language simple and easily accessible.

Include the following, under clear and easy to understand headings:

1. The price and payment method

Your proposal must include the final price.

You should also include a payment schedule that your client can follow. Besides the price, consider adding other critical items, such as the taxes payable.

Furthermore, you should also incorporate a provision regarding non-payment.

See also:

How to write a business proposal (The modern way)

2. Privacy issues

You can bolster your client’s confidence by including a privacy statement in your terms and conditions agreement.

Data protection is vital, and depending on the governing law of your state or country, there may be specific data protection laws, such as GDPR, that you must follow.

You need to assure clients that you won’t sell, share, or rent their personal data to any other entities, including third-party websites.

Provide clients with details about how you’ll protect their sensitive information, such as credit card details and contact information.

3. Intellectual property rights

Once you have provided your clients with something valuable, they’ll want to claim ownership over that property.

Therefore, you need to make sure that you mention that you’re assigning all the rights, interests, or intellectual properties developed in the project.

However, make it clear to the client that they won’t have ownership over the IP unless the invoice is fully paid.

Some companies prefer to keep the IP in their work and instead give their clients a license to use the work for their own purposes.

If this is the case, you need to be clear on any restrictions on that license and what it can be used for.

4. Sharing of work

To increase your business, you’ll often provide prospective clients with examples of your work, such as case studies or portfolios.

While many of your clients will be okay with this type of promotion, others may have reservations due to security and competition concerns.

To avoid any misunderstanding, consider adding a clause that specifies whether the work will be included in such promotions.

5. Provisions for any changes

There’s always the possibility that clients may change their mind with regard to the project.

So it’s crucial that you include details about what will happen if the project is changed partway through.

You need to include:

• How requests for changes will be agreed
• Who’s responsible for any changes
• How it can be handled within the budget or what charges shall be imposed as additional
• Allowable adjustments to the timeframes
• Implications for the project if the changes are agreed

It’s essential that your T&Cs cover these details from the outset as they’ll manage the expectations of both parties and keep everyone focused on the goals.

6. Cancellation clauses

A client may decide to cancel the project even if the contract has been signed and approved.

Naturally, such a negative outcome could cost you money, especially if you’ve started the work. As a result, it’s vital that you protect yourself.

Your T&Cs can specify:

• How much notice is required to cancel the contract
• The implications of stopping the project
• What happens to the deposit and if there are other fees involved in cancellation

7. Fees for delay or termination

Other problems can arise even if the contract has been agreed.

As an example, perhaps in the middle or toward the end of a project, the client stops communicating or just disappears.

Despite your repeated emails and calls, you receive no response from them.

So, you shelve the project as it cannot go forward without confirmation from the client.

However, after some time, the client suddenly sends an email asking when you can launch the project.

To prevent such a scenario from occurring, your contract should state what will happen if the client delays the project.

You may require full payment for the works despite their incompletion.

They may need to pay a certain sum or undergo a specified waiting period before you resurrect a dormant project.

You may not be able to continue where you left off, and they may have to pay to start the project again.

Regardless of your scenario, the fees for delay or termination need to be clear from the outset.

8. How to address errors or omissions

Mistakes occur in all sorts of situations, so you must ensure that your proposal covers you legally so that you cannot be sued for:

• Making errors
• Failing to take actions
• Project delays that can cause lost profits or damages
• Failure by the client to proofread or check the works
• Underlying issues with the site or materials provided by the client

Some clients may not like adding these clauses. However, it’s essential that you at least have some protection in case of any oversights.

9. Hiring a legal expert or lawyer

As you’ll be dealing with legal documents to cover the project, you should consider hiring a lawyer or legal expert for your contracts and T&Cs.

Or, if you already have one, they could perhaps take a look and provide you with relevant legal advice and ensure that all your documents are legally compliant.