Running a small business is exciting, but it also comes with many responsibilities. A key tool to help you protect your business and define the expectations between you and your customers is to have in place a small business terms and conditions template, also known as a terms and conditions document.
This guide will explain why this document is crucial for your business, what details it should include, and how you can create one for your business as easily and quickly as possible.
Terms and conditions act like a contract between you and your customers. They set the rules for using your services or buying your products. This document can save you from a lot of trouble by explaining payment terms, returns, withdrawals, and what happens if something doesn’t go as planned. Think of it as a safety net that keeps your business safe and your customers informed about their rights and responsibilities.
For small businesses, having a clear document of terms and conditions is not just about legal compliance; it’s about establishing a framework within which your business operates. This document sets the rules for using your services or products, helps prevent misunderstandings, and protects your business from potential legal issues. It covers payment policies, returns, user behavior, guarantees, and dispute resolution, acting as a contract between you and your customers.
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Creating terms and conditions for a small business involves understanding your business model, identifying the key areas that need coverage, and drafting a document that clearly outlines the rights and obligations of both the business and its customers. Start by evaluating your business operations, including sales, services, and online interactions. Consult legal requirements relevant to your industry and consider using a terms and conditions generator or even seeking legal advice to ensure comprehensiveness and compliance.
Writing good terms and conditions requires a balance between legal thoroughness and clear communication. Here’s how to achieve this:
The terms and conditions for a business should clearly include key aspects, including an overview of the business, payment terms, information on guarantees, policies on returns, refunds, and cancellations, guidelines for user registration and data protection, details on shipping and delivery, rules for user conduct, a limitation of liability clause, protection of intellectual property rights, methods for dispute resolution, and conditions under which amendments to the terms can occur.
This ensures clarity in transactions, user responsibilities, and business liabilities, while safeguarding both the company and customer interests.
Creating a terms and conditions document for your business can be approached in several ways, each with its own benefits and limitations:
💡 Given the complexity and legal importance of terms and conditions, investing time and possibly resources into creating a document that is both comprehensive and specific to your business is crucial.
While free resources provide a valuable starting point, using professional generators or even, for the most complex scenarios, consulting with legal experts ensures your terms and conditions are not only legally compliant but also effectively protect your business and its customers.
Simple templates are often not enough to protect your business and intellectual property.
Terms & Conditions are legally binding documents so having customizable, professional Terms is important.
Easily set things like governing law, disclaimers, limitations of liability and more👇
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See it in action ^
Method | Pros | Cons |
---|---|---|
Free Terms and Conditions Generator | Easy to use and free. Gives a basic structure. | Might not cover everything your business needs. |
High-Quality Terms and Conditions Generator | Written by pros, more reliable, and fits your business well. | Costs money, but it’s worth it for the quality you get. |
Customizable Templates | Free and can be changed to fit your needs better. | Need to check and change them to make sure they fit well. |
Competitor Analysis | Helps you see what others do and what you might need. | You have to make sure yours are different and right for you. |
Crafting the terms and conditions for your small business is a complex task that intersects with multiple areas of law, from consumer rights to copyright protection. It’s highly advisable not just to fill out a template, but to tailor your document to the unique needs and processes of your business. This customization is crucial because even similar business models can have different operations and customer interactions.
To support small business owners, we offer a free downloadable Terms and Conditions template. This template is designed to be customizable to fit the unique needs of your business, providing a solid starting point for establishing your own terms and conditions.
Using a basic template is not wrong by default, but it can come with significant risk to you and your business. Should conflict arise or if a lawsuit is filed by a user, your Terms and Conditions document will be your first line of defence. Terms and Conditions are complex legal documents that cover multiple legal scenarios (eg. commercial law, copyright laws, liabilities etc.), jurisdictions, and must apply to your specific business practices. This is difficult to achieve with a basic template.
Too many things to think about? Using just a Terms and Conditions template is too complicated and a bit risky? We recommend using a professional solution: jump to this section to learn more.
Copy and paste the Terms and Conditions Template HTML directly into your website.
<h1>Terms and Conditions of [website name]</h1>
<p>This document governs:</p>
<ul>
<li>the use of our website, and,</li>
<li>any other related agreement or legal relationship with us</li>
</ul>
<p>in a legally binding way.</p>
<p>You must read this document carefully.</p>
<p>Our website is provided by:</p>
<p>[name/company and full address]</p>
<p>Contact email: [email address]</p>
<p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/148380-the-essential-small-business-terms-and-conditions-template-what-you-need-to-know">Small Business Terms and Conditions template</a>.</p>
<h2>TERMS OF USE</h2>
<p>Unless stated otherwise, the terms in this section apply generally when using our website.</p>
<p>Specific or additional conditions may apply in certain situations and are noted in this document.</p>
<p>By using our website, you confirm the following:</p>
<ul>
<li>you are older than [number of years of age];</li>
<li>you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;</li>
<li>you are not on any U.S. government list of prohibited or restricted parties.</li>
</ul>
<h2>LIABILITY AND INDEMNIFICATION</h2>
<p>We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.</p>
<h3>Indemnification</h3>
<p>You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.</p>
<h3>Limitation of liability</h3>
<p>Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).</p>
<p>However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you.</p>
<p>Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.</p>
<h2>US users</h2>
<h3>Disclaimer of warranties</h3>
<p>Our website is provided on an “as is” and “as available” basis. When you use our service, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights.</p>
<p>Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.</p>
<p>We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.</p>
<p>Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.</p>
<p>While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.</p>
<h3>Limitation of liability</h3>
<p>To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:</p>
<ul>
<li>any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;</li>
<li>any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;</li>
<li>errors, mistakes, or inaccuracies in the content provided;</li>
<li>personal injury or property damage resulting from your use of the service;</li>
<li>unauthorized access to our secure servers or personal information stored therein;</li>
<li>interruption or cessation of transmission to or from the service;</li>
<li>bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;</li>
<li>errors or omissions in any content posted, transmitted, or made available through the service;</li>
<li>defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.</li>
</ul>
<p>This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.</p>
<p>Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.</p>
<h3>Indemnification</h3>
<p>By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:</p>
<ul>
<li>your use of the service, including any data or content you transmit or receive;</li>
<li>your violation of these terms, including any breach of representations and warranties;</li>
<li>your violation of third-party rights, such as privacy or intellectual property rights;</li>
<li>your violation of statutory laws, rules, or regulations;</li>
<li>any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;</li>
<li>your intentional misconduct; or</li>
<li>any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.</li>
</ul>
<h2>INFORMATION ABOUT THIS DOCUMENT</h2>
<p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/148380-the-essential-small-business-terms-and-conditions-template-what-you-need-to-know">Small Business Terms and Conditions template</a>.</p>
<h2>COMMON PROVISIONS</h2>
<h3>No waiver</h3>
<p>Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.</p>
<h3>Service interruption</h3>
<p>To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.</p>
<p>We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.</p>
<p>The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.</p>
<h3>Service reselling</h3>
<p>You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted either directly or through a legitimate reselling programme.</p>
<h3>Privacy policy</h3>
<p>For information on the use of personal data, you can refer to our website's privacy policy.</p>
<h3>Intellectual property rights</h3>
<p>Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.</p>
<p>All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.</p>
<h3>Changes to the terms</h3>
<p>We reserve the right to modify these terms at any time, informing you of any changes.</p>
<p>Such changes will only affect the relationship with you from the date communicated onwards.</p>
<p>Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.</p>
<p>The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.</p>
<p>If legally required, we will notify you in advance of when the modified terms will take effect.</p>
<h3>Assignment of contract</h3>
<p>We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.</p>
<p>You cannot assign or transfer your rights or obligations under these terms without our written permission.</p>
<h3>Contact</h3>
<p>All communications regarding the use of our website must be sent using the contact information provided in this document.</p>
<h3>Severability</h3>
<p>Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.</p>
<h2>US users</h2>
<h3>Surviving provisions</h3>
<p>Our agreement will continue in effect until it is terminated by either our website or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:</p>
<ul>
<li>your grant of licenses under this document will survive indefinitely;</li>
<li>your indemnification obligations will survive for a period of five years from the date of termination;</li>
<li>the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.</li>
</ul>
<h2>DISPUTE RESOLUTION</h2>
<h3>Online dispute resolution for consumers</h3>
<p>The European Commission has set up an online platform for alternative dispute resolution, providing an out-of-court solution for resolving disputes arising from online sale and service contracts.</p>
<p>Therefore, European consumers or consumers based in Norway, Iceland, or Liechtenstein can use this platform to settle disputes arising from online contracts. You can access the platform via the following link.</p>
Copy and paste the Terms and Conditions Template directly into your WordPress editor.
<h1>Terms and Conditions of [website name]</h1>
<p>This document governs:</p>
<ul>
<li>the use of our website, and,</li>
<li>any other related agreement or legal relationship with us</li>
</ul>
<p>in a legally binding way.</p>
<p>You must read this document carefully.</p>
<p>Our website is provided by:</p>
<p>[name/company and full address]</p>
<p>Contact email: [email address]</p>
<p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/148380-the-essential-small-business-terms-and-conditions-template-what-you-need-to-know">Small Business Terms and Conditions template</a>.</p>
<h2>TERMS OF USE</h2>
<p>Unless stated otherwise, the terms in this section apply generally when using our website.</p>
<p>Specific or additional conditions may apply in certain situations and are noted in this document.</p>
<p>By using our website, you confirm the following:</p>
<ul>
<li>you are older than [number of years of age];</li>
<li>you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country;</li>
<li>you are not on any U.S. government list of prohibited or restricted parties.</li>
</ul>
<h2>LIABILITY AND INDEMNIFICATION</h2>
<p>We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.</p>
<h3>Indemnification</h3>
<p>You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.</p>
<h3>Limitation of liability</h3>
<p>Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).</p>
<p>However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the contract's purpose), and/or damages resulting from intentional or gross negligence, provided that our website has been used appropriately and correctly by you.</p>
<p>Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the contract was entered into.</p>
<h2>US users</h2>
<h3>Disclaimer of warranties</h3>
<p>Our website is provided on an “as is” and “as available” basis. When you use our service, you are doing so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else's rights.</p>
<p>Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.</p>
<p>We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.</p>
<p>Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.</p>
<p>While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasize that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.</p>
<h3>Limitation of liability</h3>
<p>To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:</p>
<ul>
<li>any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses;</li>
<li>any damage, loss, or injury resulting from hacking, tampering, or unauthorized access to your account or the information within it;</li>
<li>errors, mistakes, or inaccuracies in the content provided;</li>
<li>personal injury or property damage resulting from your use of the service;</li>
<li>unauthorized access to our secure servers or personal information stored therein;</li>
<li>interruption or cessation of transmission to or from the service;</li>
<li>bugs, viruses, trojan horses, or similar harmful elements transmitted through the service;</li>
<li>errors or omissions in any content posted, transmitted, or made available through the service;</li>
<li>defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.</li>
</ul>
<p>This limitation of liability section will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if you have been advised of the possibility of such damage.</p>
<p>Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.</p>
<h3>Indemnification</h3>
<p>By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:</p>
<ul>
<li>your use of the service, including any data or content you transmit or receive;</li>
<li>your violation of these terms, including any breach of representations and warranties;</li>
<li>your violation of third-party rights, such as privacy or intellectual property rights;</li>
<li>your violation of statutory laws, rules, or regulations;</li>
<li>any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information;</li>
<li>your intentional misconduct; or</li>
<li>any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.</li>
</ul>
<h2>INFORMATION ABOUT THIS DOCUMENT</h2>
<p>This document was generated with the use of the <a href="https://www.iubenda.com/en/help/148380-the-essential-small-business-terms-and-conditions-template-what-you-need-to-know">Small Business Terms and Conditions template</a>.</p>
<h2>COMMON PROVISIONS</h2>
<h3>No waiver</h3>
<p>Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.</p>
<h3>Service interruption</h3>
<p>To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.</p>
<p>We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.</p>
<p>The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.</p>
<h3>Service reselling</h3>
<p>You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted either directly or through a legitimate reselling programme.</p>
<h3>Privacy policy</h3>
<p>For information on the use of personal data, you can refer to our website's privacy policy.</p>
<h3>Intellectual property rights</h3>
<p>Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.</p>
<p>All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.</p>
<h3>Changes to the terms</h3>
<p>We reserve the right to modify these terms at any time, informing you of any changes.</p>
<p>Such changes will only affect the relationship with you from the date communicated onwards.</p>
<p>Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.</p>
<p>The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.</p>
<p>If legally required, we will notify you in advance of when the modified terms will take effect.</p>
<h3>Assignment of contract</h3>
<p>We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.</p>
<p>You cannot assign or transfer your rights or obligations under these terms without our written permission.</p>
<h3>Contact</h3>
<p>All communications regarding the use of our website must be sent using the contact information provided in this document.</p>
<h3>Severability</h3>
<p>Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.</p>
<h2>US users</h2>
<h3>Surviving provisions</h3>
<p>Our agreement will continue in effect until it is terminated by either our website or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:</p>
<ul>
<li>your grant of licenses under this document will survive indefinitely;</li>
<li>your indemnification obligations will survive for a period of five years from the date of termination;</li>
<li>the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.</li>
</ul>
<h2>DISPUTE RESOLUTION</h2>
<h3>Online dispute resolution for consumers</h3>
<p>The European Commission has set up an online platform for alternative dispute resolution, providing an out-of-court solution for resolving disputes arising from online sale and service contracts.</p>
<p>Therefore, European consumers or consumers based in Norway, Iceland, or Liechtenstein can use this platform to settle disputes arising from online contracts. You can access the platform via the following link.</p>
When filling out the terms and conditions template, keep these tips in mind:
Now, having a great small business terms and conditions template is one thing, but making sure your customers read and agree to it is another. Here are some tips:
Introduction to Terms and Conditions
User Requirements
Content Management
Access to External Resources
Acceptable Use Policy
Software License
Terms and Conditions of Sale
Liability and Indemnification
Common Provisions
Governing Law and Venue of Jurisdiction