How to write terms and conditions for your website
Terms and conditions set the rules between you and the people who use your site or buy from you. A brochure site needs only short terms of use; a site that sells needs terms of sale that match how you really take orders, deliver and refund. Write them in plain language, because consumer law treats unclear terms as a risk to you. This is practical guidance, not legal advice.
Do you need them?
Before working out how to write terms and conditions for a website, decide whether yours needs them. For a site that only describes a business, terms aren't usually a legal requirement, but a short set is still useful: it says who runs the site, limits what visitors can do with your content, and points to your privacy policy. Once you sell goods, services or digital products, or accept bookings, you need terms of sale. Consumer protection rules require certain information before a purchase anyway, such as who you are, the total price, delivery arrangements and cancellation rights, and terms are the natural place to set it out.
Two documents, often confused
- Terms of use
- How anyone may use the website: who owns the content, what visitors mustn't do (copy it wholesale, attempt to break in, post unlawful material), links to other sites, and the law that applies.
- Terms of sale
- The contract for a purchase or booking: what's being sold, prices and payment, delivery or performance, cancellation and refunds, faults, and how to complain. These matter far more for a business that sells.
Small sites often combine both into one page with clear headings. That's fine as long as a buyer can find the sale terms quickly.
Writing them, clause by clause
- Who you are. Business name, legal form, registered number and address where they apply, and a contact email.
- What the terms cover. The site, any purchases, any bookings. Say which parts apply only to buyers.
- How a contract is formed. For example, an order is accepted when you send a confirmation email, not when the buyer clicks Pay. This tells both sides when they're bound.
- Prices and payment. Whether prices include tax, which provider takes payment, when the buyer is charged.
- Delivery or performance. Where you deliver, typical times, what happens if you're late. For services: when the work starts and what the buyer must provide.
- Cancellations and refunds. The statutory rights, and anything you offer on top. Link to a separate refund policy if it's long.
- Bookings and no-shows. Notice periods, rescheduling, and any charge you apply. Make sure the booking page says the same.
- Your liability. You can limit liability for indirect losses, but not for things the law won't let you exclude, such as death or injury caused by negligence.
- Content and intellectual property. Who owns what's on the site and what visitors may do with it.
- Changes and governing law. How you'll update the terms, and which country's law and courts apply.
- Date and version. A "last updated" date at the top or bottom.
Fairness and plain language
In the UK, the Consumer Rights Act 2015 says unfair terms in consumer contracts aren't binding on the consumer, and the Competition and Markets Authority's guidance on unfair contract terms explains how it judges them. Two themes recur: terms should be fair in substance, and transparent, meaning written in plain, intelligible language and brought to the buyer's attention. Clauses that let you change the price after the order, keep payments for services you never provided, or exclude liability for your own failures are the kind that attract scrutiny. Other countries have their own rules; the principle of clear and fair terms is widely shared.
Mistakes to avoid
- Copying another site's terms. They describe someone else's business, and they may be under copyright. Clauses about shipping you don't do, or a court in a country you've never been to, confuse customers and can undermine the parts that matter.
- A template full of brackets. "[COMPANY NAME]" left in a published page tells visitors nobody read it.
- Terms that contradict the site. If the booking page says "cancel any time" and the terms say 48 hours' notice, the customer will hold you to the friendlier one.
- Hiding them. Link from every page's footer, from checkout or the booking form, and from confirmation emails.
- Never updating them. New services, a new payment provider or a change of address all need an update.
Check them before publishing
Read the terms beside your checkout or booking page and confirm every promise matches: prices, timings, cancellation windows, contact details. Ask someone outside the business to find the cancellation clause in under a minute. If your business is regulated, or you sell high-value or complex services, have a solicitor review the draft; the cost is small next to a dispute.
Terms on Anticode sites
Every published Anticode site gets a Privacy Policy and Terms written from what that site actually does, such as its forms and the payment links it uses. They're a sensible starting point and stay in step with the site because they're built from it. They aren't legal advice, and they can't know things only you know: your delivery times, your cancellation notice, the law you choose. Read them, then add sale terms for what you sell where you need more. The privacy policy guide covers the other document.
Payments on Anticode sites go through your own provider's payment links, so the provider's checkout terms also apply to the payment itself. Keep your terms consistent with what that checkout shows.
Questions people ask
Are terms and conditions a legal requirement?
Not for every site. But if you sell to consumers, you must give certain information before they buy, and written terms are the clearest way to do it. For a brochure site they're optional but useful.
Do customers have to tick a box to agree?
A tick box isn't the only way, but buyers must have a fair chance to read the terms before they're bound. A clear link at the point of purchase is the minimum; for disputes, showing the full terms before payment is stronger.
How often should I update them?
Whenever the way you sell changes, and at least once a year as a check. Keep earlier versions with their dates, so you know which terms applied to which order.