Forum - Terms and Conditions

Hi Kirsty

It is not really my area of expertise, but generally speaking, without T&Cs you could be legally exposed. It really does depend on what you are doing. For example, if you are selling goods, then T&Cs might be less important than if you are selling services, but that is not always the case.

If you are distance selling (via internet/phone/mail order) then T&Cs are going to be very important. Also, if you are in any type of regulated sector, then you may need T&Cs to reflect this.

Having said that, unless you are in a regulated sector, I don't think that there is anything which can technically stop you from trading even though you don't have any T&Cs.

It is worth noting that sometimes the people whom you are contracting with may want you to enter into their own terms and conditions, and you need to be sure that they do not place too onerous conditions on you.

In short however, you need to take proper legal advice on this, and have bespoke T&Cs drafted for your business (if you need them). There is of course a cost associated with that, so you should budget that in to your start-up cost (once you have been given an estimate of costs for the advice).

If you need to be put in touch with a friendly commercial lawyer (the type that does this kind of work) then let me know and I will put you in touch.

oh, and good luck with your new business (whatever it is)

@MattHuddleson (mjh@footanstey.com)