The Everything Terms Post

SO WHAT ARE TERMS?

You probably have heard this term - ah, see what I did there?  So in your business, there are various LEGAL TERMS that you need in place.  

What are legal terms?  

• Legally binding documents
• Agreements between you and your clients/customers/audience that exist to protect you and your business interests!
• CAN be agreed to online (versus a signed 1:1 agreement)

(If you buy anything online or visit a website, you are agreeing to these terms!)

What are the types of Terms you need?

• Terms of Service for your website (may also be called Terms of Use, or Terms and Conditions)

• Terms of Purchase for a Group Program or Online Course  (may also be called Terms and Conditions).

What’s the difference?  

Terms of Service for your website are located on EVERY page of your website in the footer. Terms of Purchase are located on your checkout page or next to your purchase button.  

WHAT ARE WEBSITE TERMS OF SERVICE?

• “Terms of Service (TOS), Terms of Use, or Terms and Conditions” policy is about protecting your business and content
• Outlines how your website should be used and what people can (and can’t do) with your content
• Protects your intellectual property (blog posts, opt-ins, videos, etc)

Something to remember - YOU are also bound by everyone else’s TOS.  This is a biggie in social media and on the web, so take a minute and get familiar with the TOS for twitter, instagram, facebook, etc.  If you are found in violation - you can be banned.  

For example - Terms of Service for some of Google’s products include that you MUST have a privacy policy on your website. If you don’t, you can be banned from using google or that service (eg, analytics, etc).

Claiming you “didn’t know about the TOS” will get you absolutely nowhere.

WHAT ARE TERMS OF PURCHASE?

• Terms of Purchase (may also be called Terms and Conditions) are directly tied to a group program, membership site, or online course
• Protects the content you’re creating for your program - meaning modules, videos, etc.
• Includes your refund policy (what happens if someone buys it and changes their mind?)
• Disclaimers to protect you and your business
• Legally binding and included at the checkout point on your website (either right next to the button or have a box where they have to check it)

WHAT GOES IN TERMS?

While these are distinct and separate TERMS that should be custom to your business/program - there are a few important pieces that should be included in both Website Terms of Service or Terms of Purchase

-Copyright protection for your content, but also ‘safe harbor’ language under the Digital Millennium Copyright Act to protect you against claims

-Jurisdiction - where is your business located?

-Dispute Resolution - will you settle a claim in court or through mediation/arbitration?

-Disclaimers - SUPER important to protect you from liability should someone misuse any information or products you put out there.  Note for Website Terms of Service - disclaimers can be included in the same webpage in your footer or be a separate document.   

In Sum: the TOP 5 Reasons You Need to Know About TERMS

1. They are an important legal foundation to have in any online business

2. They exist SOLELY to protect you and your business

3. In the case of a claim or dispute over a refund, they serve as strong evidence to your merchant

4. You are legally bound by them on other websites, even if you haven’t read them

5. They are an EASY way to protect your website and programs