Terms & Conditions

Author
Discussion

judas

Original Poster:

6,069 posts

266 months

Monday 27th June 2005
quotequote all
Due to our standard T&Cs having enough holes to qualify as a sieve, we have just been shafted by an unscrupulous and devious client (basically blamed problems with the brochure we produced for the failure of their business - the fact their factory burned down seemed to have slipped their mind).

I tried to get our MD to adopt a modified version of the T&Cs I used as a freelancer, but it never happened and we've had to pay the price. Object lesson learned, I am now updating them to be included in all correspondence. However, they are pretty much written around a design/print business model, which is only part of what we do; they have very little provision for the Internet side of things, ie hosting, privacy, data security, bandwidth/facilitues abuse etc.

If anyone has any sample T&Cs that cover this side of things or can give any pointers in this area I would be very grateful!

wanty1974

3,704 posts

255 months

Monday 27th June 2005
quotequote all
YHM

amcdee

51 posts

243 months

Monday 27th June 2005
quotequote all
If anyone does have a sample I'd be interested in seeking too.

Thanks

Alan

thepeoplespal

1,674 posts

284 months

Monday 27th June 2005
quotequote all
It would be useful to see what you think would qualify as reasonably watertight T&Cs. You can never be to careful IMHO.

judas

Original Poster:

6,069 posts

266 months

Monday 27th June 2005
quotequote all
The two most important aspects of any T&Cs are:
a) You pay us for the work/we own the goods until you pay for them.
b) Liability - covering your arse in case anything goes wrong.

Anything else is just window dressing.

wanty1974

3,704 posts

255 months

Monday 27th June 2005
quotequote all
Email me and I'll send some over.

Wanty

davidd

6,531 posts

291 months

Tuesday 28th June 2005
quotequote all
Take a look at..

www.netlawman.co.uk/

D

simpo two

87,119 posts

272 months

Tuesday 28th June 2005
quotequote all
I spent £800 getting T&Cs drawn up when I started in 1991. I have never needed them once, and have no doubt that come the crunch, the side with the most expensive lawyer would win. Which wouldn't be me!

thepeoplespal

1,674 posts

284 months

Wednesday 29th June 2005
quotequote all
simpo two said:
I spent £800 getting T&Cs drawn up when I started in 1991. I have never needed them once, and have no doubt that come the crunch, the side with the most expensive lawyer would win. Which wouldn't be me!


Sounds as if that £800 was money well spent.

mondeoman

11,430 posts

273 months

Wednesday 29th June 2005
quotequote all
Its all a pile of bollox.....

Just had a court case (we lost )where the pivotal point was the T&Cs. The clinet had seen them, and proceeded with purchasing our "product", then refused to pay.

In court, the judge ruled that we had done everything we needed to do to get paid, that the client was indeed in breach of the terms, but as he hadn't signed them they were null and void .....

Go figure that one - I've never signed T&C's before....

judas

Original Poster:

6,069 posts

266 months

Thursday 30th June 2005
quotequote all


Thanks for that heads-up! Our T&Cs will be part of the overall contract that the client will now have to sign! before any work commences.