How do I know that my terms and conditions are good enough?

There are many reasons why terms and conditions can be inadequate and at the end of the day the Courts are the final arbiters on such things.

For example Insurance companies will often require certain terms to be included in your agreements. Such things as;

  • exclusion of liability for consequential, special or indirect damages, loss of profits and liquidated damages

  • caps on overall liability at a reasonable level

  • warrant a performance standard no greater than reasonable care and skill

  • ensuring that changes in the scope of work are reflected in a written variation of the contract

  • only providing indemnities in respect of Intellectual Property Rights, death, bodily injury or property damage

  • ensuring that contracts stipulate a dispute resolution procedure

Without a written contract or agreement its very difficult to prove these things.

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