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Unfair Contract Terms Tips

Our tips and comments on how to avoid Unfair Contract Terms

• When drafting Terms of Business or Client Agreements, move away from complexity and ‘legal speak’. If terms and obligations are clearly defined without jargon, they will be understood by your clients. Clients will trust you easier if they understand how you work and deal with them and if they can understand your terms.
• Clearer and more detailed terms mean there can be less confusion and clients are unlikely to challenge you. If it was clearly detailed and they did not read their obligations, it will not be your fault.
• Don’t be afraid to extend the number of pages for Terms of Business or Client Agreements. Short paragraphs with clear headings are easier for the client to digest and understand. They also won’t lose their place if they want a break from reading.
• An overview document might be a good idea, setting out the main terms and conditions of any dealings you have with a client, including the pertinent points about when the terms and conditions can be varied. If you are open and upfront with clients, your dealings will be easier and they are more likely to recommend you to friends.
• Make the client happy to be given details of your terms – if they know their boundaries you are treating them fairly and your dealings will probably be easier Make them understand terms are in place to protect both of you – not just the client.
  
• If things do go wrong and you have a disagreement with a client, a document that is clear and jargon free will stand up to scrutiny with the FSA, FOS and in Court.