Why your Business Terms and Conditions matter more than you think

  • Commercial Law
  • 10th Jun 2025

When running a business, having clearly written Terms and Conditions (T&Cs) isn’t just good practice – it’s essential. While most business owners focus on operations, sales, and marketing, the legal framework that supports these activities often gets overlooked. That’s where your T&Cs come in. They’re not just a formality. T&Cs are a critical tool for […]

By Amelia Denton

mlplaw
Why Your Business Terms and Conditions Matter More Than You Think

When running a business, having clearly written Terms and Conditions (T&Cs) isn’t just good practice – it’s essential. While most business owners focus on operations, sales, and marketing, the legal framework that supports these activities often gets overlooked. That’s where your T&Cs come in.

They’re not just a formality. T&Cs are a critical tool for protecting your business, managing risk, and setting clear expectations with clients, customers, and partners.

Why are business T&Cs so important?

Your T&Cs act as the backbone of your contractual relationships. They lay out the rules and responsibilities for both you and the people or businesses you deal with.

Without proper T&Cs, you leave your business vulnerable to:

  • Payment disputes and late invoices
  • Ambiguity around deliverables or responsibilities
  • Misunderstandings about liability, cancellation, or refunds
  • Issues around intellectual property ownership
  • GDPR or data compliance risks

The problem with DIY templates

Using free or generic templates might seem convenient, but it’s rarely the right choice. Most templates aren’t tailored to your business model, industry, or legal obligations and many aren’t compliant with UK law.

Relying on a poorly drafted set of T&Cs can lead to:

  • Gaps in liability or indemnity protections
  • Conflicting or unenforceable clauses
  • Poor handling of customer disputes
  • Breaches of data protection or consumer rights law

When can templates work?

Templates might work in very simple or early-stage situations—such as basic freelance contracts or testing a business model. But even then, a quick legal review can catch critical errors and ensure compliance.

When you definitely need legal input

You should always get professional legal advice if your business:

  • Sells products or services (B2B or B2C)
  • Enters into recurring or subscription contracts
  • Collects or processes customer data
  • Has employees or uses freelancers/contractors
  • Shares or licenses intellectual property
  • Offers warranties, guarantees, or service-level agreements
  • Trades across borders

These scenarios require tailored, legally compliant documents—not boilerplate terms.

What should be in your T&Cs?

Good T&Cs don’t just protect you—they also give clarity and confidence to your clients. They typically cover:

  • Scope of services or product details
  • Pricing, payment terms, and late fees
  • Cancellation and refund policies
  • Warranties and disclaimers
  • Liability limitations
  • Intellectual property rights
  • Data protection and privacy responsibilities
  • Dispute resolution mechanisms

Plain English is always better than legal jargon. Clear language reduces misunderstandings and builds trust.

Why put your T&Cs on your website?

Even if your T&Cs aren’t about website use specifically, publishing them online has benefits:

  • Transparency – Customers know exactly what to expect
  • Evidence – You can prove what terms were available at the point of contract
  • Efficiency – Avoids back-and-forth when onboarding clients or taking orders
  • Trust – Professionally published terms show you take business seriously

This is particularly important for e-commerce, online services, or any business using digital contracts or order forms.

How mlplaw can help

At mlplaw, we specialise in making legal protection part of your business strategy—not just a compliance task. Our Commercial team can:

  • Draft or review tailored T&Cs
  • Align your terms with your brand and tone of voice
  • Ensure compliance with GDPR, consumer, and commercial law
  • Advise on contract disputes or customer issues
  • Prepare website-ready versions of your T&Cs for online publication

One of our Altrincham-based clients introduced a subscription model for their creative services. We revised their T&Cs to include automatic renewals, cancellation rights, data handling clauses, and clear payment terms helping them scale safely and avoid billing disputes.

Final Thought

Your terms and conditions are more than fine print they’re a legal safety net and a commercial asset. Don’t rely on luck or templates to protect your business. Templates can’t think. We can.

Reach out our Commercial and IP team via commercial@mlplaw.co.uk 

 

About the expert

Amelia Denton - Corporate, Commercial and IP

Amelia Denton

Solicitor - Commercial and IP

Amelia is a Solicitor in the Commercial and Intellectual Property team at mlplaw, having joined the firm in 2021 as a paralegal. During her training, she gained a broad range of legal experience, completing seats in Commercial and Intellectual Property, Corporate, Employment, and Litigation. This diverse background allows her to provide both contentious and non-contentious advice with a strong commercial focus.

Prior to joining mlplaw, Amelia worked in-house at a construction company and a tech start-up, developing a deep understanding of legal issues from a business perspective. In addition, she gained legal work experience in private practice at a national law firm and small to mid-sized regional firms, offering insight into various legal environments and client needs.

Amelia is committed to delivering pragmatic, commercially focused legal solutions that align with clients’ strategic business objectives.

Outside of work Amelia enjoys trying different restaurants, live music and comedy, country walks and spending time with family and friends.

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