Written by Fraz Butt, Senior Director · SRA-regulated · Last reviewed 8 September 2026
Generic terms and conditions downloaded from the internet put a business at risk because they are written for a different business, in a different sector, facing different risks, and they rarely reflect how your business actually operates or what could realistically go wrong. Terms drafted around your actual products, services and customer relationships do the job they are meant to do, protecting the business, rather than sitting unread and unenforceable.
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Why a Template Is Not Enough
A set of terms written for a software company will not properly address the risks of a business selling physical products, and vice versa. Generic templates often include clauses that do not apply to your business at all, while missing protections that are essential for it, such as delivery liability, product returns, or data handling obligations specific to your sector.
Worse, some free templates are drafted under a different country’s law, or have simply been copied from another business’s website, which can create confusion or even breach the intellectual property rights of the original author.
What Proper Terms and Conditions Should Cover
A well drafted set of terms should clearly describe what you are offering, your pricing and payment terms, delivery or performance timelines, what happens if a customer wants to cancel or return goods, and how liability is limited if something goes wrong. It should also address data protection where relevant, and set out which country’s law governs the relationship.
Related reading: commercial contract clauses.
Business to Business Versus Business to Consumer Terms
Terms for dealing with other businesses can be more flexible, since consumer protection law does not apply in the same way. Terms aimed at consumers, however, are subject to strict statutory protections, including rights around cancellation, refunds and unfair contract terms, and a generic template is particularly likely to fall foul of these rules, exposing the business to regulatory risk as well as customer disputes.
How Terms and Conditions Are Actually Used in a Dispute
When a dispute arises, whether a customer refuses to pay, claims a refund, or disputes the quality of what was delivered, your terms and conditions are often the first document a court or arbitrator will look at. If they are vague, contradictory, or simply do not apply to the situation, the business loses the protection it thought it had.
Keeping Terms Up to Date as Your Business Changes
Terms and conditions are not a one time task. As your product, pricing model or customer base changes, your terms should be reviewed to make sure they still reflect reality. A business that has grown from selling a single product to offering a subscription service, for example, needs terms that address recurring billing and cancellation in a way the original terms never anticipated.
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Frequently Asked Questions / Questions & Answers
Can I just copy another business’s terms and conditions?
This is not advisable. Copying another business’s terms may infringe their copyright, and the terms will not be tailored to your specific risks, which can leave you unprotected or, in a consumer facing business, in breach of consumer protection law.
Do terms and conditions need to be signed to be binding?
Not always, but they need to be properly brought to the customer’s attention before or at the point of contract, for example through a clear link at checkout or in a quotation. Terms buried on a website that a customer never sees are far harder to rely on.
What is the difference between terms and conditions and a commercial contract?
Terms and conditions are often a standard document used across many customers, while a commercial contract may be individually negotiated for a specific relationship. Both function as legally binding agreements once accepted.
How often should terms and conditions be reviewed?
As a general guide, terms should be reviewed whenever your product, pricing or business model changes significantly, and at least every one to two years to reflect changes in the law.
Do I need different terms for business customers and consumers?
In most cases, yes. Consumer facing terms are subject to additional statutory protections that do not apply to business to business relationships, so using the same terms for both can leave gaps or create unenforceable provisions.
Speak to Saracens Solicitors
For terms and conditions drafted around your business, speak to our Corporate Law team.
Visit our Corporate Law service page or call us on +44 (0)20 3588 3500 to arrange a consultation.
Saracens Solicitors, Thanet House, 231 to 232 Strand, London, WC2R 1DA.
