Contracts

[rossmc]

Hi all

First post, so go easy!

I'm going to be starting an online business and want to draw up a user contract myself.

Do I need to have this checked over by a lawyer prior to utilising it?

Does anyone have any idea how much they would charge to look over it and suggest amendments to ensure it is watertight?

PS...I live in the UK

[bwglaw]

It is always advisable to have any terms and conditions checked over by a lawyer so you have the peace of mind to ensure that all issues are covered in the event of a dispute.

The skill of a lawyer is not just in the drafting but in his knowledge in applying the law to the document.

In terms of costs, this can vary from lawyer to lawyer based on their experience and how much work is involved. I tend to charge more when a document has not been professionally drafted because obviously there is more work involved.

If you email us direct we can give a quotation to draft the terms and conditions for you. Incidently, I am currently working on a set for a client who has an online business.

Jonathan

[JamesS]

Originally Posted by rossmc

Hi all

First post, so go easy!

I'm going to be starting an online business and want to draw up a user contract myself.

Do I need to have this checked over by a lawyer prior to utilising it?

Does anyone have any idea how much they would charge to look over it and suggest amendments to ensure it is watertight?

PS...I live in the UK

Ross - A lawyer will charge the earth to go through any kind of official contract or terms and conditions.

What business area is this then? Cheeky monkey if its what I think it is.

[bwglaw]

Not necessarily so. For terms and conditions, in the past we have charged between £150-£350. Obviously if you go to your local high street law firm then costs will be higher.

In any event, what you pay now to prevent a dispute will be cheaper than paying to resolve one later.

[rossmc]

I live in Scotland so would it need to be in Scots law even if my users came from say the USA and England as well?

[bwglaw]

By default it will be the jurisdiction where your business is domiciled. You can change the jurisdiction by an express clause, but why would you want to do that?

[rossmc]

Thanks for the advice...so if my users were located in England, Wales, Scotland and the USA they would all be signing upto a legal contract in Scot's Law?

[bwglaw]

Yes, if you make it clear you are based in Scotland and your terms and conditions states that the same is governed by the laws of Scotland.

[globalart4u]

what kind of contract is it sales, use of website or ?

[rossmc]

I'd be needing both a sales contract and a terms of use for the website.

Would this cause further problems?