E-commerce & EULA Drafting (B2C/B2B, SaaS, Games)
- Bespoke Website T&Cs & in-app terms
- EULA aligned to monetisation & IP model
- UK/EU/US consumer law coverage
Comprehensive Website Contracts Prepared by a Leading Internet Lawyer
Welcome to PAIl Solicitors, your trusted partner for crafting website terms and conditions and privacy policies wherever you are based worldwide. The type of service you require will depend on the type of website, mobile app and their complexity.
Fast, practical documents drafted by solicitors—aligned to UK/EU law and your business model.
The complexity of website terms and conditions can be influenced by several key factors:
Certain industries, such as travel agencies (ATOL), finance (FCA), healthcare (GMC), (CQC); (HSE); (MHRA), and e-commerce (Consumer Regulations), have strict regulatory requirements that need to be addressed in the terms and conditions. These regulations can significantly increase complexity and, therefore, the time spent drafting the terms and conditions.
The legal environment in which a website operates can affect the terms and conditions. Different countries or regions have varying consumer rights, data protection, and liability laws, necessitating more complex clauses to comply with those laws.
Websites that involve transactions, subscriptions, or user-generated content may require more detailed terms to cover the specific obligations and rights of both the service provider and the users.
The nature of the services (e.g., digital downloads, online courses, social networking) determines the extent to which terms of service must stringently outline user agreements, intellectual property rights, and usage limitations.
With increasing concerns over data privacy, websites collecting personal information need robust terms regarding data use, storage, and user rights, which adds to the complexity.
The terms may need to outline how disputes will be resolved, including arbitration clauses or jurisdiction for legal actions, which can add layers of complexity.
Platforms that allow user interactions, such as forums or comment sections, may have additional rules addressing user conduct, moderation policies, and liability for user-generated content.
The terms may need to include provisions for how updates to the terms will be communicated and what happens if users disagree with changes.
The complexity of your website, app, or platform determines the depth of the legal framework required. A small e-commerce site will face very different risks to a scaling SaaS provider or international marketplace. To reflect this, we offer two structured engagement levels. Each is fixed-fee, transparently scoped, and delivered with the assurance of a regulated UK solicitor. The fees are the same whether we are reviewing or preparing the terms, but you may wish to use the contract review service for contract review.
Safeguard your platform or app with contracts and policies drafted by a UK solicitor. Each engagement is scoped individually to reflect your business model, risk profile, and regulatory environment. Fixed-fee proposals provided following consultation.
For startups and SMEs requiring a robust foundation for online trading and compliance.
For scale-ups, SaaS providers and international platforms requiring multi-jurisdictional compliance.
Client: Trade Radiators Ltd — UK retailer founded in 2003.
Challenge: Urgent need to update T&Cs, Privacy & Returns policies to meet e-commerce regulations.
Solution: PAIL drafted and launched updated Terms & Conditions, Data Processor Policy, Cookies List, Privacy Policy, Returns Policy, and Model Cancellation Form, supported by a website communication strategy.
Outcome: Stronger compliance, improved customer trust, and smoother operations.
“Peter was prompt, well versed and delivered in a timely manner. We were happy with the service he provided.”
★★★★★ Nic Auckland, MD Trade Radiators Ltd
Verified on Google Business Profile
Alternatively you can proceed by downloading and completing the questionnaire below:
This questionnaire is for terms and conditions for site/application and any other online platforms and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Applications”) (Platform) available (collectively, the “Site”).
Download HereEnforceable contract terms should be at the forefront of any website terms and conditions lawyer’s mind when writing website terms and conditions. Enforcing website terms are very important since the first matter for any court to deal with in a contract case is to decide whether the contract as a whole is effective, and then to determine whether the individual clauses within that contract are enforceable.
Some SME owners/managers have expressed the opinion that nobody ever reads the terms and conditions of a website. To these business owners having website terms and conditions is a box-ticking exercise to make customers and partners feel comfortable. This view, in my opinion, is the type of business owner that will have issues with enforceable website terms.
Other SMEs do not consider enforceable website terms as a box-ticking exercise but are focused on outcomes. Their question to us is “what is the outcome for their business, partners, and customers of having enforceable website terms?” To my mind, if a business is to be successful it would be wise to focus on the outcome of its terms and conditions of business rather than ticking a box.
This advice applies both while the going is good and in the bad times. While the going is good website terms have the following benefits:
(i) ensure clarity of expectation as to what exactly is being provided;
(ii) are a reference document in case of confusion or misunderstanding; and
(iii) they add a level of professionalism to the business.
In bad times the website contracts protect the business. The benefit of protection is the most important of all the benefits of having website contracts.
When things cannot be resolved amicably then the details in your contracts suddenly become of vital importance because it’s those details that will protect your business when the need arises.
Drafting appropriate clauses to protect a business is not just a cut-and-paste exercise. Clauses that attempt to protect a business are difficult to draft as they may be inter alia ineffective or unenforceable for being unfair, a restraint of trade, a breach of competition law, a breach of regulation maintained by an authority, and a breach of fundamental human rights.
Examples of clauses that are notorious for being unenforceable include:
(i) Non-compete provision to cover customers (See Jones v. IOS (UK) Limited and another [2012] EWHC 348 (CH), 2 March 2012).
(ii) Clauses giving rights to third parties under the Contracts Rights of Third Parties Act 1999 may be unenforceable internationally.
(iii) Arbitration clauses may be unenforceable against third parties.
(iv) Non-Solicitation and confidentiality clauses may be insufficient to cover business interests ( See Thomas v Farr plc and Hanover Park Commercial Limited [2007] EWCA Civ 118).
(v) Clauses may be unenforceable under the Consumer Credit Act 1974.
(vi) Exclusion and limitation of liability clause.
(vii) Force Majeure and liquidated damages clause (See Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm)).
(viii) Jurisdiction clauses are not always effective (See Deutsche Bank A.G. & Ors -v- Asia Pacific Broadband Wireless Communications Inc & Anr [2008] EWCA Civ 1091).
It is unwise to view website contracts as a box-ticking exercise, it would be wiser to see them as an outcomes-focused exercise.
There is always a risk of ineffective website contracts. There is an even greater risk if there is no careful consideration of the clauses.
If no thought is given to the website contracts then you are at much greater risk of little protection if the need should ever arise.
Our website business terms practice is for businesses and individuals and applies to all digital content media. Websites and mobile applications use similar terms for the same business. In other words, we provide terms for any media through which a business conducts its affairs online - including its websites, applications for mobile, tablet and other smart devices and application program interfaces.
Other important challenges in website projects are protecting confidential information; correctly written software licenses and other end-user licenses. Web design and development agreements are vital, for instance, change requests and intellectual property transfers.
Delivery
Your terms and conditions will be sent back to you by email within seven days if it is a standard B2C; four weeks if it is business basic level; and enterprise level delivery times are to be agreed, (unless you have indicated that you want a faster turnaround). Delivery timescales are typically: seven business days; two weeks; one month; and two months. Fast turnaround times are: *24 hours; *48 hours;
No further fees will be charged unless agreed in advance. All payments are made in advance and prices are quoted net of VAT which will be added.
Alternatively, you may contact us by email or telephone:
Alternatively, you may contact us by email or telephone or complete the contact form below:
Useful Links
Contract Review Service; Website Terms and Conditions Dos and Dont’s; Privacy Policy Drafting; Website Copyright Infringement; Mobile App Terms and Conditions; Data Protection Lawyers UK
Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston
Contact us today to learn how we can help safeguard your success.
*Fixed Fee Consultation £375.00 excluding VAT
We’ll reply within 24 hours. No obligation.
Or call us directly on 0207 305 7491