Website legal basics · 10 Nov 2026 · 5 min read
Website terms and conditions: what to include and why
Terms and conditions are the ground rules for using your website or buying from you. They protect both sides when something goes wrong, but only if they are clear, easy to find and match how your business really works.
The short answer
Website terms and conditions set out the rules for using your site or buying from your business: who you are, what you offer, what you expect from users, how payment, delivery and cancellation work, and what happens if there is a dispute. Write them in plain words, link them clearly, and ask a qualified lawyer to review them.
Two kinds of terms
People use "terms and conditions" for two different documents, and mixing them up leads to gaps.
- Website terms of use govern how someone may use the site itself: what content they can copy, what behaviour is not allowed, and what you are and are not responsible for.
- Terms of sale or service govern a purchase or an engagement: what is being sold, payment, delivery or timelines, changes, cancellation and refunds.
A brochure site with only a contact form may need little more than terms of use. A shop, a booking system or a service business needs terms of sale or service as well. Many sites have both, as separate pages.
Terms are different from a privacy policy, which explains how personal data is handled. They are also different from a quote or contract for a custom project; see what to agree in a website development contract for that.
Do you actually need them?
There is often no single rule that says every website must have terms. But there are good practical reasons. Without them, the rules are whatever the law of your location says by default, and you have nothing to point to when a customer disputes a charge, misuses your content or posts something unacceptable.
Some places also require certain information to be given to customers before they buy, such as business details, price information or cancellation rights. What is required varies by country and by type of customer, for example consumers compared with other businesses. Ask a qualified lawyer. This guide is general information only.
Clauses most business sites include
Use this as a conversation starter with your lawyer, not as a finished list.
| Clause | What it answers |
|---|---|
| Who we are | Legal business name, how to contact you |
| What we provide | The products or services, and what is not included |
| Using the site | Acceptable use, accounts, what users must not do |
| Content and ownership | Who owns text, images and designs, and what others may reuse |
| User content | Rules for reviews, comments or uploads and what you may do with them |
| Prices and payment | How and when payment is taken, taxes, currency |
| Delivery or timelines | When and how the work or goods arrive |
| Cancellation and refunds | Who can cancel, when, and what happens to payments |
| Liability | What you are and are not responsible for, within what the law allows |
| Links to other sites | That you do not control third-party content |
| Changes to the terms | How and when you can update them |
| Governing law and disputes | Which country's law applies and how complaints are handled |
Be careful with the liability and governing law rows. Wording that is allowed in one country can be unenforceable in another, particularly where consumers are involved, so this is a part to have reviewed rather than copied.
Writing them so people understand
Terms nobody can read are weak terms. Use headings that mirror the customer's questions: "How payment works", "If you need to cancel". Use short sentences and define any special words once. Where a rule matters a lot, such as a cancellation window, repeat it in a short form at the point of sale, not only in the full document.
Write what you really do. If your terms promise a reply within a set time and nobody monitors the inbox, you have set a trap for yourself. If your terms ban something you tolerate daily, they will not help when you want to enforce them.
Keep a plain version of the key points near the top: a few lines that summarise the main obligations on each side, followed by the detail.
Making them part of the agreement
Terms only bind someone if they have had a fair chance to see and accept them. Showing a link in the footer helps with a general browsing site, but it is weaker than asking for acceptance when a person acts. Common methods:
- A checkbox at checkout or sign-up, not pre-ticked, with a link to the terms.
- A line beside the submit button: "By ordering you agree to our terms of sale".
- Terms attached to a quote or sent before a service begins.
Keep a copy of the version in force on the date of each order or sign-up. When you change your terms, record the date, and for material changes tell existing customers in a suitable way. Whether a link alone is enough varies by place, so ask your lawyer which method suits your business.
Where they live on the site
Link the terms in the footer on every page, in the checkout and in any account sign-up. Give each document its own clear page address and title, such as "Terms of sale", rather than combining everything in one long page. If you run an online shop, group them with returns, delivery and privacy pages as described in our ecommerce policy pages checklist and the footer guide.
If you collect cookies or tracking data, link the cookie information alongside. Review the whole set when your prices, delivery methods, services or countries served change.
A short example of plain wording
To show the difference plain wording makes, compare two ways of saying the same thing about changes to an order. These are examples, not text to reuse.
Heavy version: The Customer acknowledges that any amendments to the order following acceptance shall be subject to the Supplier's discretion.
Plain version: If you want to change your order after we have confirmed it, tell us as soon as you can. We will do our best to make the change and will let you know if we cannot.
The second version is clearer, but be careful: plain does not mean vague. Whatever you promise must be something you can deliver, and key terms such as deadlines and refund conditions should be exact. A lawyer can help you keep the clarity while making sure the wording does its job in the places you trade.
Common mistakes
- Copying a competitor's terms, with their business name and rules still inside.
- Using consumer wording for a business-to-business service, or the reverse.
- Promising things you do not do, such as delivery dates you cannot meet.
- Hiding the terms where nobody can find them.
- Forgetting to update dates, company details and links after a rebrand.
A good set of terms is short, honest and specific. Have a qualified lawyer review it, since this guide is general information and not legal advice.
Related guides
- Website development
- Website Privacy Policy: What It Should Cover
- Website Contact Forms: Best Practices
- Website security checklist for small business
- How to prepare your business for a website or app handover
- Wordpress website vs custom website
Questions and answers
What is the difference between terms and conditions and a privacy policy?
Terms set the rules for using your site or buying from you. A privacy policy explains how you collect, use and protect personal data. Most sites that handle customers need both.
Do I need terms and conditions on a simple brochure site?
There may be no strict rule, but short terms of use still help to set expectations about content and liability. Ask a qualified lawyer whether anything is required for your situation.
Can I use a template for my terms?
A template can be a starting point, but it must be edited to match what you really do and the laws that apply to you. Have a qualified lawyer review it before you rely on it.
How do I make sure customers have agreed to my terms?
Ask for acceptance at the point of action, for example an unticked checkbox at checkout with a link to the terms, and keep a record of the version in force at the time.
Can I change my terms later?
Usually you can, but how you must tell existing customers varies. Date every version, announce material changes clearly, and ask your lawyer how to handle changes for current customers.
Where should I link my terms?
In the footer of every page, in the checkout, and in sign-up forms. Give each document its own page and a clear title.
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