How to Write Terms and Conditions That Actually Protect You
Your Terms and Conditions shouldn't be filler. Learn how to write a version that actually protects your business and keeps customers informed.
Published under The Legal Hat on HatStacked.com
No one reads the Terms and Conditions. But when something goes wrong, a refund dispute, chargeback, or customer tantrum, guess where everyone looks? Yep. Right at the page you probably copied and pasted from a competitor’s site. Let’s fix that. As always, IANAL.
What Are Terms and Conditions, Really?
Terms and Conditions are the rules of the road for your business.
They outline what customers can expect from you, what you expect from them, and how disputes are handled if something goes sideways.
They’re not just for lawyers. They’re for your protection.
Why Your Business Needs Them, Even If You're Small
T&Cs do a lot more than check a box. They:
- Set expectations around products or services
- Limit your liability
- Clarify what happens with cancellations, returns, or non-payment
- Protect your content and intellectual property
- Give you legal standing in disputes
Even if you’re running a side hustle or just launched your store last month, having clear terms shows customers you’re legit and keeps misunderstandings from blowing up.
What Happens If You Don’t Have Them?
Let’s say:
- A customer wants a full refund because they didn’t “like” the results
- Someone uses your service, gets what they paid for, and files a chargeback
- A client misses your cancellation window and wants you to eat the cost
If you don’t have written terms, you’re left arguing in email threads, hoping your good vibes hold up in a PayPal or Stripe dispute.
Terms don’t guarantee you’ll win. But without them, you're in a much worse position.
What to Include in Your Terms and Conditions
No matter your industry, your T&Cs should include the following:
Payment Terms
- When payment is due
- What happens if it’s late
- Accepted payment methods
- Refund and chargeback policies
Delivery or Fulfillment Policy
- When customers can expect their product or service
- How delays are handled
- Shipping carriers used (if applicable)
Cancellations and Refunds
- How to cancel
- Whether cancellations are allowed
- What gets refunded and what doesn’t
- Restocking or admin fees if applicable
Limitation of Liability
- Language that limits your responsibility for issues outside your control
- Prevents minor complaints from turning into big legal problems
Intellectual Property
- States that your content, site design, product materials, and brand are yours
- Restricts unauthorized use or duplication
User Responsibilities
- Expected behavior when interacting with your business
- Terms of use for accounts, subscriptions, or site access
Governing Law
- Specifies which state or country’s laws apply in case of disputes
- Usually wherever your business is legally registered
Changes to the Terms
- Gives you the right to update the terms
- Explains how users will be notified
Where to Put Your T&Cs
For Ecommerce Sites:
- Link in the website footer
- Display them on the checkout page with a checkbox or clear language like “By purchasing, you agree to our terms”
For Service Businesses:
- Include in proposals or contracts
- Share them during onboarding
- Get a signed acknowledgment, especially for high-ticket or recurring projects
Can You Use a Template?
Yes, but customize it.
Start with a reputable source like:
Then edit it:
- Match your brand tone
- Remove sections that don’t apply
- Add language that reflects your actual policies
- Double-check that it's current and clear
What You Shouldn’t Do
- Copy and paste from someone else's website
- Use vague language like “consequences may occur”
- Leave out how to contact you
- Forget to update it when your business changes
Common Questions, Answered
Do I need a lawyer to write mine?
Not always. Templates are fine if your business is simple. But get a legal review if you work in a regulated industry or sell high-risk products.
What if someone doesn’t read it?
As long as your terms are accessible and part of your buying or signup process, courts usually treat them as valid. Visibility matters more than whether the customer actually read every word. This all depends on your jurisdiction and we highly suggest you consult legal advice.
What if someone breaks the terms?
Having written terms gives you clear authority to cancel orders, refuse service, or take legal steps if needed.
Real Talk: What We Do
At HatStacked, we:
- Use custom-generated T&Cs that are short, clear, and human
- Link them in our site footer
- Reference them during onboarding and customer disputes
- Review them once a year or after launching anything new
We also made them sound like us. No legal bots here.
Final Checklist: Terms That Actually Work
Before publishing your terms, ask yourself:
- Are they easy to understand?
- Do they reflect how your business actually runs?
- Are they visible at the right moments?
- Would they hold up in a dispute?
- Do they protect your business without scaring off customers?
If you can check yes across the board, you’re in a great place. If not, now’s a great time to fix it.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. We’re not lawyers, and you shouldn’t rely on this post to make legal decisions. Always consult a qualified attorney when drafting or reviewing your Terms and Conditions.
