It seems tedious to read or even skim through terms and conditions when installing software, so most of us blindly scroll down and click-to-accept at the end. But do you have any idea how much in danger you put yourself and your private data in by doing so? By clicking on “agree” or “join”, you are agreeing to something you don’t know and might not want. It is only when we realize that by agreeing, we are actually giving the app or website the right to access our location, camera, and microphone, and sometimes even sensitive data such as our web history to use for marketing purposes, that the whole “terms and conditions” part seems to bother us.
But why are they also so essential, especially for an online business?
Though not required by law, the Terms and Conditions agreement is recommended as it acts as rules and guidelines that legally bind an online business and its users. Privacy policies are a different subject altogether as they are required by law and collect personal data. These can be:
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email address
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first and last names
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phone number
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shipping address, etc.
The document that governs a contract-based relationship between a user and a service provider is often also known as Terms of Service or a Terms of Use agreement or even a Disclaimer. These online contracts may seem like a minor annoyance to users to actually read but can sue a company. But if these online companies are saving themselves from being sued for using private information without consent, shouldn’t users try to save themselves by actually reading these “terms and conditions”?
Owning your Website with its Terms and Conditions
If you are a website owner, you’re the owner of everything you have put on it. This includes:
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logo
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content
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design of the website, etc.
By adding your Terms and Conditions, you can let your website visitors know that you are the owner of everything that runs on your website and that means that it is protected by international copyright laws. This clause may talk about how your site, its design, content, features, and functionality are owned by you and protected by copyright, trademark, and other property rights law.
Preventing abuses on your website
A website owner can terminate a user’s access to their website based on their abusive activity. These are for websites where users can register such as Facebook or online forums with discussions. Abusive actions may include:
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spamming other users
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posting defamatory content
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infecting the website or app with malware
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advertising their website, product, or services
Websites usually contain clauses that explain to the user how posting defamatory content will not be tolerated.
The Importance of Online Agreements
These agreements set out the rights and responsibilities of users of the site. A new business will not be able to clearly show what they have agreed to provide on a specific charge without terms and conditions or a contract. These terms can include if the service provider asks for a full or an advance payment before starting working on the project.
Agreements can either be written, oral, or, at times, a combination of both. When two or more parties, whether small or big, come together, these become essential. How else will disputes be settled if nobody even knows what they agreed to in the first place? But sadly, written contracts are still not drawn up in most cases, as people find them complicated and a waste of time. But then we hear stories of how best friends started a business together and one of them gets cheated on because there are no contracts to ensure that he was protected by law and that both parties will carry out their obligations smoothly as promised with the signature. Contracts are also great in such cases because if one party breaks it, there are options or “remedies” available to them.
Difference between contracts and agreements
When writing, you can simply interchange agreement and contract, but legally, these are two different terms. An agreement simply means an understanding between two or more parties, whereas, a contract specifies the agreement with terms and conditions.
A contract serves as an official record of an agreement
Whether you are an owner or manager in a business or an employee, a contract is what you need as an official record. This establishes what, and under what circumstances, have the parties involved agreed on. This contract will discuss everything, from payment of work completed, completion date, or simple terms and conditions, such as who, when, and why would the contract be terminated.
Why should contracts be legally enforceable?
Contracts should be legally enforceable so they can be used in court on a disputed clause. A contract is not legally enforceable if it does not have certain essential elements. With a valid contract, you can bring a lawsuit against the other party if they have breached it. Litigation determines if the contract has been breached or if there are any circumstances that negate the breach. The court will not hear your story if your contract is not legally enforceable.
The Essentials of a Contract
For a contract to be enforceable by the court, it needs to have six essential elements, three of which relate to the contract and the other three to the parties involved.
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The first part is an agreement, which includes an offer, made by one party to another, and an acceptance, that the other party accepts the offer.
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For a contract to be legally enforceable, both parties should have entered the agreement with their own free will and not coerced or forced into it.
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For a contract to be valid, something of value should be exchanged between both parties. This is known as consideration and it is not always adequate or beneficial.
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Both parties must have agreed to the same terms and conditions. Both parties should also be of “sound”, that is; not be a minor, be sober, and not be mentally deficient. This is known as capacity. If one party is not competent, the other can disavow the contract.
You can enter a contract that doesn’t have these essential elements, but it can’t be enforced by law.
Non-disclosure agreements guarantee confidentiality
Non-disclosure agreements protect sensitive information. The transactions involved and the information shared among the concerned parties are to be legally bound to hold in secrecy. The party that violates this confidentiality or non-disclosure agreement would be held liable. If you want to get more info about agreements or things like this then visit Ahdus Technology.
