Terms and conditions
With terms and conditions you can reduce business risks, offer your customers clarity and
avoid misunderstandings that cost time and money.
It is not mandatory, but advisable to have terms and conditions.They make life a lot
easier for companies.
As an experienced lawyer, we are specialized in drafting fully tailored terms and
conditions. Our terms and conditions are always of a high quality and we deliver them
at an affordable price.
Why have terms and conditions drafted by a lawyer
When having terms and conditions drawn up, it is essential that they are fully tailored to
your company. So they really have to be custom made. Read more below about
why that is often not the case.
By having terms and conditions, rules about the way in which you wish to work are
established. Those rules then apply to the customer (when they are properly made).
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 negotiated about it with the customer. In reality, this often does not happen or for a small number of things, such as the payment term. That can lead to problems.
For example, you can be held liable for all damages a customer suffers if something goes wrong, for example when a late delivery happens.
It can therefore prevent a lot of difficulties if you have terms and conditions that clearly explain what the 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. If you only have business customers, you can arrange almost anything you want. It is therefore wise to have terms and conditions drawn up by a Dutch lawyer.
Make your own general terms and conditions
Companies often use terms and conditions of similar companies to make 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.
Generator of terms and conditions
Many companies also 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.
Such a standard template consists of a number of provisions that, according to these types of companies, are always stated in the same way in terms and conditions. That is not true. It is not the case that there are clauses that always apply in the same way to every company. Those provisions, such as provisions about quotations, payments, delivery time, warranties and liability, also need to be tailored.
This means that in such terms and conditions, a lot of things are often not or not properly included. This does not lead to clarity, but to ambiguity and confusion. And that can lead to conflict. You therefore run the risk that the terms and conditions 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 lawyer. We only draw up fully customized terms and conditions and we do so in an understandable language. That doesn't have to be expensive. Would you like a quote or more information? Then contact us quickly.
We are 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
" I struggled to find terms and conditions for my specific business. LSH Legal delivered with lawyer jargon and the look of professionalism. Very happy with the service, this service gives me peace of mind. This was the solution I was looking for. "
" Lisa did a great job again. Her communication and services were A+. I highly recommend her. Thank you! "
"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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