Terms & Conditions

Do yourself a favour, publish your most common Terms & Condition on your website and on the back of every invoice.

Nicholas Clayhills

We can help you formulate the essential terms for your business, reducing misunderstanding and saving time and money.

“Working with Nic is a pleasure. Not only on a business level, but also on a personal level. Nic not only takes the time to assess the nuts and bolts of my business decisions, but also looks at the big picture including any potential ethical and moral concerns. I highly recommend Nic if you are looking for someone to provide sound business advice.”

Nick Hazel
 
Every business, no matter the size, deals with clients, customers or patients. They regularly trade with you and frequently go through the same process to buy your goods or services. Making these terms of trade explicit will save you time (by not having to repeat answers to what are essentially FAQ’s) but also improve earnings quality by removing doubt with payments and, when and how due.

T&C’s also cover quotes, tenders, supply contracts, service agreements, ownership pending payment regardless of delivery, warranties, exclusions and waivers. They are well worth the investment.

Common  Terms & Conditions Questions
What sort of external Business contracts should you consider?
Any and all supply & delivery of goods and/or services can be covered by suitable wording in terms & conditions, sometimes as short as 1 to 3 pages.
How do I scope a Services Contract?
The introduction to the contract should set out the tone and ‘spirit’ of the agreement. The introduction is important in framing the entire agreement and setting out the purpose of the ‘deal’. You will often find the purpose of the agreement in your initial meeting notes.
Who decides when the implementation phase is over?
As business services usually require some adaptation, customising or interfacing, you may need some form of functionality sign-off. This approval to go-ahead acts as a condition precedent to services commencing. Most customers prefer the sign-off to be subjectively determined. However, pre-set objective standards work best. Using a subjective test tends to open up negotiations again.
What reporting is required?
Some contracts require reporting to customers. These reports give customers relevant accounting, financial and transactional information, and assist in making the contract run more efficiently.
When and how should payments be made?
Progress payments are often used, that is until expectations are not met, for example in the case of a long series of minor technical failures. In these situations: customers prefer to stop payment, whilst service providers prefer offering technical fixes. You need to find a balance.
Are financial or performance guarantees necessary?
Yes, if the other contracting party goes broke or stops work. By then it is too late. The answer should come from the due diligence on your counter-party during pre-contract negotiations, and from within your business contingency plans.