Customer Terms and Conditions: 6 Key Considerations

By
Joe Kafrouni
16 Feb 2018
•
5
min read

What is it?

Customer terms and conditions are the rules that set out the rights and responsibilities of each party to a commercial transaction. It is usually be a supplemental document to the sale contract (if there is one) and it is generally standardised for all customers of a business.

Application for small business people

Most large companies have standard terms and conditions that they issue whenever a customer purchases a product or signs a contract for the ongoing delivery of a service. Whether it is a financial institution, an internet service provider or a car hire company, customer terms and conditions govern the way that consumers engage with these companies. As such, small business people will typically be parties to numerous “terms and conditions” as a customer during their regular course of business. It is important that these documents are read and understood so that the rights and obligations of each party are clear.

It is also advisable for small business owners to provide terms and conditions to their customers. Without anything in writing, the small business is running the risk of uncertainty and disputes with customers. Written agreements are much easier to enforce should the small business ever need to take legal action against a customer.

Certain industries, such as the telecommunications industry and the banking industry, have legislation governing the terms and conditions that they are required to provide to customers.

6 key things to consider

Some of the key factors to consider in relation to customer terms and conditions include:

  1. What are the charges to the customer, including up-front, ongoing and any variable expenses?
  2. How will the billing be structured and what are the payment terms?
  3. What are the obligations of the seller?
  4. What is the minimum term of the contract, if applicable?
  5. Can either party vary the terms and conditions? If so, what are the requirements for notifying the other party?
  6. How will the purchaser’s personal information by used by the seller?

Want my view on your own situation?

Book an initial consultation

: up to two hours with me by phone for a fixed fee of $1,650 (including GST), then a short written note of my advice and next steps. If my conflict check means I can't act, I'll refund your fee in full. To check anything first, email

info@klaw.com.au

or call

(07) 3103 3199

.

Joe Kafrouni, Accredited Specialist in Business Law, Kafrouni Law

Disclaimer: This article is general information only and is not legal advice. Before acting on it, get advice on your own circumstances. To the extent the law allows, Kafrouni Law accepts no liability for any loss arising from reliance on it. This article is the copyright of Kafrouni Law.

What People Say

Joe's been our company’s lawyer from the beginning and has been instrumental in our journey as company owners and directors. When dealing with both complex and sensitive company issues, Joe is able to provide us with clearly articulated strategies that are well thought‐out and with the bigger picture in mind. He genuinely cares and is always willing to share his personal views, which are both honest and just. Joe is highly professional and knowledgeable in his field. You will definitely benefit having him on your team.

Company director and shareholder

Joe has assisted us with numerous acquisitions and mergers over the last 10 years. Joe's advice and expertise have been invaluable. Joe is always prompt and professional and answers all of our questions in detail. I can highly recommend working with Kafrouni Law and we will look forward to working with them for many years to come.

Managing director, acquisitions

Thank you, Joe. It was a pleasure working with you to resolve the matter today. In particular, I appreciated your patience to fully understand each party’s position and to bed down a final heads of agreement to conclude the resolution between the parties.

Business owner, commercial dispute

Kafrouni Lawyers assisted me to resolve my partnership and company shareholder dispute over a family cattle business and property. From the start, Joe provided practical advice and options to resolve the dispute away from the courts. His perseverance and technical skill helped unravel a complex financial structure, resolved disputed shareholder claims, and resulted in a signed settlement deed rather than litigation. Joe cared to explain the legal and financial complexities behind his step by step advice and maintained our focus on the end goal. Joe's involvement certainly improved my family's position and I recommend Joe to anyone finding themselves in similar circumstances.

Partner and shareholder, family agricultural business

The biggest lesson I have learnt from you recently, Joe, is that it pays to have a professional such as yourself on my side to deal with matters that I am unequipped to handle … so I can carry on with the task at hand of building my business! Thanks again, I’ll take pleasure in recommending your services to anyone in need.

Business owner

Joe, as you know we were in a very difficult position with our company before we engaged you as our lawyer and fortunately, even with the odds stacked heavily against us in our shareholders dispute, you managed to pull us through to victory. You are a true credit to the industry not only because of your skilled negotiating tactics but also due to your personable nature, which made us feel comfortable in such a volatile situation.

Company director, shareholder dispute

‍
‍

Book an initial consultation

An initial consultation is the best way for us to find out whether, and how, I can help. It suits business owners and directors facing a decision that matters. You get my considered view of your situation, not just a first impression.

‍

The fee is a fixed $1,650 (including GST). It covers a phone consultation of up to two hours, plus up to one hour of my time to consider the material you send me beforehand and to prepare my written note afterwards. Here is how it works:

1. When you book, you tell me briefly what the matter is about and who else is involved, so I can carry out a conflict check and confirm I’m free to act. If I can’t act for you, I’ll refund your fee in full.

2. I tell you what information and documents I’d like to see, and I consider them before we speak.

3. We talk it through by phone. I give you my initial advice, the options I see and what I’d do in your shoes.

4. Afterwards, I send you a short written note of my advice and the next steps I recommend.

‍

If I can help further, I’ll explain how. If I can’t, I’ll say so. You are under no obligation to engage me further. If your matter needs more than this, I’ll send you a proposal setting out how I can help and an estimate of my fees. No further work starts until you accept it.

‍

I keep only a limited number of consultation times. If none suits you, or you’d like to check anything before booking, email info@klaw.com.au and I’ll do my best to accommodate you.

Skip to main content