MAKE YOUR FREE Terms and conditions for supply of services to consumers via a website

This document is GDPR compliant.

Protect your business with clear and fair terms and conditions for the supply of services to consumers via a website. Use these terms and conditions for any business in England, Wales or Scotland that sells online services to consumers. They are designed to be straightforward and comprehensive so that customers know where they stand and needless disputes can be avoided. They cover key issues such as orders, supply, customer responsibilities, pricing, payment, data protection, guarantees, liability, cancellation and termination.

Use these terms and conditions for the supply of services to consumers via a website:

• when you are supplying services, with or without goods, to customers not acting in the course of a business (ie consumers)
• when selling from your website
• when you are supplying services to specification and/or standard services
• when the services and goods are of the type requiring statutory cancellation rights
• to include the statutory cancellation rights for certain services and goods

These terms and conditions cover:

• supply and contract formation
• price and specification
• delivery
• warranties
• information and cancellation rights which must by law be included in certain consumer contracts

Terms and conditions for the supply of services via a website (also known as T&Cs) should be used if you want to supply services online to a consumer on standard terms. They should cover key issues such as orders, supply, customer responsibilities, pricing, payment, data protection, guarantees, liability, cancellation and termination.

Terms and conditions for the supply of services via a website protect your business interests, ensure that customers know where they stand and help avoid disputes.

Terms and conditions must be clearly brought to the customer's attention before the contract is made to ensure that they are binding on the customer. There are various ways of doing this. Usually, customers are deemed to accept the T&Cs by placing an order. However, the best way to ensure that the T&Cs are accepted is by requiring the customer to check a box stating that they accept them before the order is placed. Ideally, the tick box includes the terms and conditions or a hyperlink to them allowing the customer to store and reproduce them at any time.

You should consider whether the services involve the provision of any related goods or materials (eg fitted kitchens and bathrooms). Whilst many service agreements involve pure services, many involve the provision of ancillary goods. If ancillary goods are being provided, you will need to include a provision for this in the terms and conditions.

When a business deals with a consumer, the consumer benefits from considerable legal protection or statutory rights. Compliance with consumer rights must be integral to the way the website operates. For example, there must be appropriate and compliant back-office procedures in place to ensure that all orders are confirmed and that any changes to the terms are clearly updated on the website. You cannot legally change or exclude statutory rights, which belong to the consumer. The words 'your statutory rights are not affected' are often used to ensure that this is understood by the consumer. Some rights include:

• providing the service with reasonable care and skill
• the ability for consumers to rely on information, spoken or written, provided about the provision of services pre-contract
• paying a reasonable price for the service provided where it was not agreed beforehand
• having the service provided within a reasonable time where it was not agreed beforehand

Read Doing Business with consumers for more information.

The consumer has a statutory right to cancel the services within 14 days from entering into a service contract. If the performance of the service has already commenced the consumer still has a right to a refund but only up to the difference between the value of the service provided and the point in which the contract was cancelled. For example, a gym membership could be cancelled and refunded but the consumer could still be charged for the amount of time they used the facility.

There is no legal requirement to provide a guarantee for the services, however, you may wish to offer one as part of your customer service. You may wish to provide a guarantee for the ancillary goods if you are in a position to replace or repair them.

You can state in the T&Cs the time period for which payment is required for the service. However, the time period between payment and performance of the service can't be too far apart (eg 1 year in advance of the service).

You should agree beforehand in the T&Cs whether you will charge interest on overdue payments. It will be up to the parties to agree on the amount of interest payable. However, the interest rate should not be unfair or unreasonable to the consumer.

Consumers have a statutory right of 14 days from entering into a service contract to cancel it. If the provision of services includes ancillary goods then the 14 day termination period starts from when the last batch of goods has been received by the consumer.

Ask a lawyer:

• if you are unsure whether you need to use these terms and conditions
• if you are unsure whether the services and goods are of the type requiring statutory cancellation rights
• for regulated goods or services
• for services that focus on intellectual property
• if you are selling digital content
• sale of goods or supply of services overseas

These terms and conditions are governed by the law of England and Wales or the law of Scotland.