Terms and Conditions for a Website

What are the Terms and Conditions for a Website?

The Terms and Conditions for a website inform its users how to use the site properly, as well as the obligations and responsibilities of each party. If the user does not agree with the Terms and Conditions then said user may choose not to use the website.

Most websites, especially commercial websites, have a portion of the site devoted to the Terms and Conditions because it lets the site user know what is expected of them. It outlines what will happen in a variety of different possible situations including what happens if a user breaks the rules and must have their account terminated. Examples of these rules are age restrictions, user account creation and management, user interaction with the use of submission of media files, and rules concerning marketing, advertising, and sales.

What is the difference between Terms and Conditions for a Website and a Privacy Policy?

While it is encouraged that both documents are used by the website and posted thereon, Terms and Conditions are different from a Privacy Policy. If the document requires the terms and conditions concerning the privacy rights of its users, a Privacy Policy for a Website should be used. On the other hand, if the document requires the terms and conditions concerning the general usage of the website, then Terms and Conditions for a Website should be used.

Is it mandatory to have Terms and Conditions for a Website?

Terms and Conditions are not strictly required for live websites, but having a set of Terms and Conditions allows the owner to determine the rules for its users. Specifically, the Terms and Conditions should try to give the user information about what happens in almost any situation of their interaction with the website.

Further, the Terms and Conditions are necessary to set up the expectations for each of the parties to ensure that the website runs smoothly for both of them.

What must the Terms and Conditions for a Website contain?

The Terms and Conditions for a Website contain the following information:

• The details of the website owner,
• How the website can be used by its users,
• The services or goods sold by the website owner if any,
• If desired, shipping details, as well as return/refund policy if goods are sold,
• If desired, cookies may be included (to tailor or improve the experience by the website users),
• The contact details of the website owner, and
• The date when the Terms and Conditions are posted on the website.

Who is involved in the Terms and Conditions for a Website?

The parties in this document are the owner of the website and the site user. While it should be agreed upon by both parties, it usually cannot be changed by the user so that if the user uses the website, they agree to accept the Terms and Conditions of the website. However, if they don't agree to the Terms and Conditions, then they should not use the website.

What has to be done once the Terms and Conditions for a Website is ready?

After completing all the information required for the Terms and Conditions for a Website, the owner of the website should review the same.

Once the document is complete and reviewed, it should be published on the website in order for the users of the website to have access to it. It should be posted on its own separate page on a website which is ideally linked and can be accessed from the home page under the phrase "Terms and Conditions".

It is the choice of the website owner if he wants any of the following:

• to show the Terms and Conditions at the first instance the user visits the website, and to place a button or link by which the user can click to agree to the Terms and Conditions,
• to block the user's access to the website if the user does not agree to the Terms and Conditions, in the manner stated in the previous point, or
• to simply post the Terms and Conditions on a page within the website and the user will simply have to discontinue using the website if he does not agree with the posted Terms and Conditions without blocking him from the website without blocking the user's access to the website.

What are the costs involved in the finalization of the Terms and Conditions for a Website?

No costs or fees need to be paid for the Terms and Conditions for a Website, as it only requires postage of the same to a web page in the Website itself.

Which laws are applicable to Terms and Conditions for a Website?

Although there is no one set of laws or regulations outlining what must be contained in the Terms and Conditions for a website, several laws may affect what may/should be included such as the Consumer Act of the Philippines (Republic Act No. 7394) and the Electronic Commerce Act of 2000 (Republic Act No. 8792) when the website also offers goods and services for sale. However, this may also be found in another part of the website.

A website is also broadly governed by the Civil Code of the Philippines and other Philippine laws.

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