Terms and conditions
Are you looking for a free mediocre example or do you want good terms and conditions?
It is not mandatory to have terms and conditions. It is advisable, because terms and conditions can make life a lot easier for companies. But only if the terms and conditions are fully tailored to your company they will make sure business risks are reduced, customers are given clarity and misunderstandings - that cost time and money - are avoided.
When using examples of others or terms and conditions that are automatically generated there are often many things in there that are not (entirely) correct. Then you will often achieve the opposite of what your aim is with the terms and conditions: ambiguity, conflicts and possible liability.
As an experienced Dutch lawyer, I am specialized in drafting fully tailored terms and
conditions. The terms and conditions that are made by me are always of a high quality and I write them for an affordable price.
Why have terms and conditions drafted by a lawyer
So when you have terms and conditions drawn up, it is essential that they are fully tailored to your company. Read more below about why that is often not the case.
In terms and conditions the rules about the way in which you wish to work are laid down. Those rules then apply to the customer (when they are properly made aware of them).
Some examples: payment terms, determining whether warranties apply and limitation and/or exclusion of liability.
Without terms and conditions, such rules only apply if you have stated this in advance and/or have negotiated about it with the customer. In reality, this often only happens for a small number of things, such as the payment term. That can lead to problems.
For example, you can then be held liable for all damages a customer suffers if in case of a late delivery.
It can therefore prevent a lot of difficulties if you have terms and conditions that clearly explain what these rules are. In the event of a misunderstanding or miscommunication, it is easy to refer to them. This prevents conflicts and creates clarity in your way of doing business.
If your clients are individual consumers, not companies, a number of rules under Dutch law apply. Dutch law contains 'black' and 'grey' lists with matters that are unreasonably onerous for a consumer. For example, you may not completely exclude liability towards a consumer. This is different if you only have business customers, then you can include almost everything that you want. It is therefore advisable to have terms and conditions written by a Dutch lawyer.
Make your own general terms and conditions
Companies often use terms and conditions of similar companies to make the terms and conditions themselves. But that often goes wrong. Every company is different and therefore needs different rules. Think of: delivery, pricing, method of payment, warranty, intellectual property and liability. You are also infringing the copyright of that other company if you copy their terms and conditions.
Generator of terms and conditions
Other companies choose to have their terms and conditions generated by an online tool. Or have them drafted by one of the online companies that state they are able to provide 'tailor-made' terms and conditions for a very cheap price.
The way in which such companies operate however shows that they do not draft completely tailored terms and conditions. This is because they usually work with questionnaires and the answers to these questions are automatically included in a standard template that they work with.
According to such companies the terms and conditions are then customized. But that's not the case. In tailored terms and conditions all provisions - also articles about warranties, liability and intellectual property - are customized and thought out by a lawyer. In automatically generated terms and conditions standard provisions about quotations, payments, delivery time, are filled in according to the answers you provided in the questionnaire.
This means that in such terms and conditions, a lot of things are not or not properly included. This does not lead to clarity, but to ambiguity and confusion. You therefore run the risk that such terms and conditions do not prevent but actually lead to conflicts, misunderstandings and liability.
Tailored general terms and conditions
It is therefore always best to have the terms and conditions drawn up by an experienced Dutch lawyer. I only draw up fully customized terms and conditions and I do so in an understandable language.
I am particularly specialized in drawing up general terms and conditions for IT, ICT and SaaS companies. And also in drafting privacy statements and other documents that are mandatory on the basis of the AVG (GDPR) legislation (such as a processing agreements).
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"Excellent experience. Communication was great throughout the job. Lisa provided her expertise and advice on exactly what was needed for our app and website. The privacy statement is very comprehensive and clear. Thank you very much, great service!"
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