Your business moves fast. Whether you’re growing your team, launching new products, or expanding into new markets, change is a constant. But have your legal foundations kept up? If your answer is “probably not,” now’s the time to revisit your terms and conditions.
Your terms and conditions (T&Cs) are the backbone of how you do business. They set out expectations, protect your interests, and provide clarity when things don’t go to plan. And just like your business, they aren’t something you can afford to set and forget.
Can you change your terms and conditions?
The good news is yes, you absolutely can. As the business owner, you have the right to amend your terms and conditions whenever you need to. In fact, it’s good practice to review and update them regularly.
You might need to make changes because of:
- A new product or service launch
- Changes to how you deliver your service (like moving online)
- Updated payment terms or pricing structures
- New legal or regulatory requirements
- Shifts in your commercial priorities
The important part is making those changes properly, in a way that’s fair, clear, and legally binding.
How to update your terms and conditions
First things first, review what you already have in place. Look at the existing terms and conditions and ask yourself:
- Are all the services or products you offer properly covered?
- Have any of your operational processes changed?
- Are your payment, cancellation, and refund policies up to date?
- Are your dispute resolution clauses still appropriate?
Next, you’ll need to notify your customers or users of any material changes. Updating your terms and conditions in secret and hoping nobody notices is not only poor practice, it could also make your updates unenforceable.
There are a few ways you can notify your customers:
- Email notification: Send a clear and straightforward email explaining the changes, ideally highlighting the key updates. Make sure the subject line flags that it’s an important legal update.
- Website announcement: If you operate online, post a notice on your homepage or through a pop-up to direct users to the updated terms.
- In-app notification: For SaaS businesses or apps, in-app pop-ups are a great way to communicate changes.
Don’t forget about notice periods
You should give your customers a reasonable amount of time to review and accept the new terms and conditions before they come into effect. As a rule of thumb, 30 days’ notice works well for most businesses.
How to make sure your updated terms and conditions are legally binding
It’s not enough to just send out a quick email and hope for the best. To make sure your updated terms and conditions are enforceable:
- Get clear agreement: Customers should actively agree to your terms and conditions when they first engage with you – ticking a box on your website or signing a contract is ideal. If you change your terms later, consider asking them to re-confirm their acceptance.
- Be reasonable: Changes should be fair and not create a serious imbalance between you and your customer. Trying to impose harsh or unexpected changes could backfire and render the new terms unenforceable.
- Highlight what’s changed: Make it easy for customers to see the differences. Some businesses provide a “redline” version showing old vs new wording, or simply summarise the key updates in plain language.
- Allow customers to opt out if needed: Particularly for major changes, it’s best practice to allow customers the option to terminate the agreement if they don’t accept the new terms.
Why keeping your terms and conditions updated matters
Ignoring your terms and conditions might seem harmless – until there’s a problem. If you have outdated or unclear T&Cs, you could find yourself:
- Unable to enforce payment terms
- Fighting over refund or cancellation rights
- Caught out by changes in law or regulation
- Facing damage to your brand and customer trust
Strong, clear, and up-to-date terms and conditions not only protect your business legally, they also strengthen your relationships with customers. They show professionalism, build trust, and give everyone certainty about how you do business.
What’s the next step?
If you’ve realised it’s been a while since you reviewed your terms and conditions, now’s a great time to get them back on track. Regular reviews and updates mean you’re always legally protected, and that your customers know exactly what to expect.
At Jamieson Law, we help businesses of all sizes review, update, and draft terms and conditions that work for them – not just the lawyer. We can walk you through the key updates you need, highlight any gaps, and help you communicate changes to your customers properly.
Need support with your terms and conditions?
Drop us a message at info@jamiesonlaw.legal or book a free discovery call. We’ll help you get things sorted without the legal jargon.
