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Shanty Town’s Guide to Policies Pt. 2

by | Education, Guides

*This post contains affiliate links which means if you click on a link and choose to make a purchase, Shanty Town Design will receive a commission at no additional cost to you.

Managing a small business can be challenging. There can be so many moving parts to manage in different areas, and it’s easy for something like creating and updating terms & conditions and disclaimers for your website to get overlooked.

But here’s the thing – you need to create them.

Without them, you could fall victim to accidental copyright infringement and for e-commerce sites, banks often require websites to have and display terms and conditions before granting a merchant account that can accept credit card transactions.

WHAT ARE TERMS & CONDITIONS?

Terms and Conditions (also called Terms of Use or Terms of Service) are a statement that details the rights and responsibilities of people who are using your website. 

Which websites need Terms and Conditions?

Whether you are offering links to third-party websites (like social media), want to protect yourself from accidental copyright infringement, or have an eCommerce website, virtually every website these days needs a Terms and Conditions.

Why do websites need Terms and Conditions?

Having Terms and Conditions will help you:

  1. Answer commonly asked questions by customers and move them along the purchasing path;
  2. Limit your liability by spelling out what warranty, if any, you offer on purchases made through your website or on the website itself;
  3. Protect your intellectual property;
  4. Save costs by specifying where you will resolve disputes if they should come up;
  5. Lessen the amount of damages that you may be responsible for in case of a dispute;
  6. Maintain control over your website and its users including terminating accounts of abusive users.

What is included in a Terms and Conditions statement?

  1. Cancellation Policy;
  2. Refunds Policy;
  3. Digital Millennium Copyright Act Policy and Procedure;
  4. Subscriptions clause;
  5. Intellectual property rights clause;
  6. Dispute resolution choice of venue clause;
  7. Protection from liability and lawsuits.

What is a Terms and Conditions generator?

A Terms and Conditions generator is software that asks you questions about your website and any products or services that you sell on your website and then creates customized Terms and Conditions based on your needs and answers.

Terms and Conditions generator vs. template

With thousands of Terms and Conditions templates available online, it may be tempting to grab a free template, put it on your website and call it a day. Unfortunately, this may not be the best choice for your business as a Terms and Conditions template is a static document that is not customized to what your business needs and does not take into account your specific processes. Terms and Conditions templates may also be written incorrectly and may not be compliant with current laws or consumer protection requirements.

Terms and Conditions generator vs. attorney

While Terms and Conditions attorneys are a great solution for large businesses with large budgets, the truth is that the service of having an attorney write your Terms and Conditions is often too expensive for small businesses and startups. Termageddon’s policies have been written and reviewed by contracts and technology attorneys so you know that you are getting the best of both worlds – comprehensive Terms and Conditions at an affordable cost .

 WHAT’S A DISCLAIMER?

A Disclaimer is a statement that limits the liabilities that a website owner may be responsible for due to the website.

Why do websites need a Disclaimer?

Having a Disclaimer will help you:

  1. Advertise third-party products or services. A Disclaimer will help you protect yourself if a user clicks on the third-party advertisement and gets a virus or is somehow injured by the product or service.
  2. Sell or display health products. A Disclaimer will help you protect yourself in this case if the health products do not work as they should, do not deliver the results that were expected, or if the user gets injured by the health products.
  3. Participate in an affiliate program. An affiliate program is a program whereby you list a particular link on your website and if the user clicks on that link or purchases the products that the link displays, you receive money from the manufacturer of that product. A Disclaimer will help you comply with the manufacturer’s terms and conditions if they require that you display a Disclaimer and will help you keep your user’s trust.
  4. Provide health and fitness advice. A Disclaimer will protect you in case the user gets injured after following your health and fitness advice, much like the beginning of those exercise videos that you will watch in January of next year.
  5. Provide information that could be seen by others as legal advice. A Disclaimer will protect you hereby stating that there is no attorney-client relationship here and that this advice is not legal advice, thus protecting you in case something goes wrong.

What does the Disclaimer include?

  1. Advertising disclaimer;
  2. Health products disclaimer;
  3. Affiliate disclaimer;
  4. Health and fitness disclaimer;
  5. Legal advice disclaimer; and
  6. Protection from liability and lawsuits.
  7. What is a Disclaimer generator?
  8. A Disclaimer generator is a software that asks you questions about your website and then creates a customized Disclaimer based on your needs and answers.

Disclaimer generator vs. template

With thousands of Disclaimer templates available online, it may be tempting to grab a free template, put it on your website and call it a day. Unfortunately, this may not be a best choice for your business as a Disclaimer template is a static document that is not customized to what your business needs and does not take into account your specific processes. Disclaimer templates may also be written incorrectly and may not be compliant with current laws or consumer protection requirements.

Disclaimer generator vs. attorney

While attorneys are a great solution for large businesses with large budgets, the truth is that the service of having an attorney write your Disclaimer is often too expensive for small businesses and startups. Termageddon’s policies have been written and reviewed by contracts and technology attorneys so you know that you are getting the best of both worlds – a comprehensive Disclaimer at an affordable cost.

WHAT’S AN END-USER LICENSE AGREEMENT (EULA)?

An End User License Agreement or an EULA is an agreement between a software vendor and a user of that software that spells out the rules of using the software.

Why does software need an End User License Agreement?

Having an End User License Agreement will help you:

  1. Limit your liability;
  2. Protect your intellectual property;
  3. Maintain control over your software by restricting certain uses or activities.

What does the End User License Agreement include?

Warranty clause;
Licensing rights clause;
Limitation of liability clause;
Dispute resolution and venue clause.

What is an End User License Agreement generator?

An EULA generator is a software that asks you questions about your website and then creates a customized EULA based on your needs and answers.

EULA generator vs. template

With thousands of End User License Agreement templates available online, it may be tempting to grab a free template, put it on your website and call it a day. Unfortunately, this may not be a best choice for your business as an EULA template is a static document that is not customized to what your business needs and does not take into account your specific processes. EULA templates may also be written incorrectly and may not be compliant with current laws or consumer protection requirements.

EULA generator vs. attorney

While attorneys are a great solution for large businesses with large budgets, the truth is that the service of having an attorney write your EULA is often too expensive for small businesses and startups. Termageddon’s policies have been written and reviewed by contracts and technology attorneys so you know that you are getting the best of both worlds – a comprehensive EULA at an affordable cost.

Still feeling lost? Feel free to reach out to us with any questions you have or if you need some help setting up Termageddon .

Employee photo for Kelly S

Kelly

Kelly Shannon is a client experience lead and project manager who’s been working with Shanty Town Design since October 2020. Kelly works directly with clients and designers from concept to final execution of projects, maintaining an open line of communication throughout every project phase and ensuring that design and marketing goals are being met. In her spare time, Kelly loves thrifting, seeing live music, and exploring Denver with a camera. She’s a self-taught DIYer, huge nonfiction bookworm, and doting cat mom.

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