What is it?

Website terms and conditions are the rules that govern the legal relationship between the owner of a website and the user of the website. They set out the rights and responsibilities of each party in relation to the published content or information submitted online.

Application for small business people

Websites enable small businesses to connect with customers and promote their products or services. The website may provide information about the business; it may be a marketplace where customers can purchase products; or it may be a platform for people to share material. Regardless of the purpose of the website, website terms and conditions are vital for establishing a clear legal relationship between the small business and the website users.

Website terms and conditions give small business owners protection from the website material being misused. They can clearly specify who owns the information on the website, and to what extent it can be used and relied upon by others. Website terms and conditions also afford protection to consumers who submit their personal information or other data online. Without having a clear legal framework for commercial transactions, it is unlikely that consumers would be willing to purchase goods or services online.

Small businesses may also transact with other companies online. Examples of this include ordering products from suppliers or using internet banking. In these situations, it is important to be aware of the rights and obligations of both parties to the online relationship.

6 key things to consider

Some factors that you will need to consider when preparing website terms and conditions for a small business include:

  1. Copyright – who has the legal rights to the website content?
  2. Whether you wish to grant other parties the right to use the website content;
  3. Conditions which will apply if other websites want to link to your website;
  4. Disclaimer of liability;
  5. What action will be taken if the website terms and conditions are breached;
  6. The legal jurisdiction that will apply in case of a dispute.


Joe Kafrouni
Legal Practitioner Director
Kafrouni Lawyers


The information provided by Kafrouni Lawyers is intended to provide general information and is not legal advice or a substitute for it. Business people should always consult their own legal advisors to discuss their particular circumstances. Kafrouni Lawyers makes no warranties or representations regarding the information and exclude any liability which may arise as a result of the use of this information. This information is the copyright of Kafrouni Lawyers.

Liability limited by a scheme approved under professional standards legislation.