Terms and Conditions (also known as Terms of Service or General Conditions) are defined by iubenda as the contract that governs the relationship between the website/app owner and the user. This document sets out the conditions of use, including rules for user interactions, content usage (copyright), and account management.
A key role is played by clauses on limitation of liability, for example in the event of malfunctions. Terms and Conditions help prevent disputes and protect the website owner in cases of abuse.
Terms and Conditions in the case of an E-commerce
If you run an e-commerce, it is often necessary to draft Terms and Conditions of Sale.
Iubenda recommends including Terms of Service when the platform’s complexity requires it, such as in e-commerce sites that handle monetary transactions. This document must specify the conditions of sale, covering payment methods, shipping, refunds, and other aspects required by consumer protection regulations.
Additionally, European B2C service providers must inform users about the option to use the ODR (Online Dispute Resolution) system offered by the European Commission for dispute resolution.
Can You Use a Template for Terms and Conditions?
Iubenda advises against using generic templates, since Terms of Service must be fully tailored to the business and current regulations. Being a binding agreement that protects the company, it is essential that it is customized and always up to date. [Learn more here.]
Difference Between Terms and Conditions, Terms of Service, and Terms of Use
From a legal perspective, the three terms indicate the same document. However:
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Terms and Conditions: a legal agreement between the company and the user, defining rights, obligations, and responsibilities.
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Terms of Service: typically used for online services, specifying rules of use, access, payments, and cancellations.
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Terms of Use: similar to Terms of Service, establishing conditions and restrictions for the use of a product or service.
Difference Between Privacy Policy and Terms and Conditions
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Privacy Policy: legally required, informing users about how their personal data is collected and processed.
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Terms and Conditions: protect the company by establishing usage rules, copyright, age limits, and the jurisdiction governing the contract.
Even if not always mandatory, Terms and Conditions are fundamental to safeguard the business.
How iubenda Supports the Creation and Management of Terms and Conditions
Iubenda provides a Terms and Conditions Generator customizable with over 100 pre-configured clauses, available in 14 languages and drafted by an international legal team. Continuously updated to comply with regulations, it adapts to any type of business—from bloggers to large enterprises—and is optimized for e-commerce, marketplaces, SaaS, apps, and blogs.
The process is simple:
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Start the generation.
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Select the necessary clauses.
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Enter the owner and contact details.
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Integrate the document into the website/app (preferably via a footer link).
