Making the legalese on a website more than just a necessary pain.
It is surprising how website owners will spend fortunes on graphic designers, copywriters, artists and so forth to get the exact balance for their website, but when it comes to the legal terms and conditions, these are handed over to attorneys who draft reams of legalese that are then put into small print and hidden in the bottom of the site - or, even worse, someone copies realms of legalese from another web site and pastes them into the same corner, in the hope that they cover the site. But this does not necessarily have to be the case, and perhaps by taking a fresh look at the role of legal terms and conditions on websites (and more broadly speaking as a mechanism for business), these can be used to complement and enhance the website, and act as a vital tool in encouraging customers to trust and therefore transact with the site.
However, to take this fresh look we need to challenge some of the common assumptions made by people in the industry. A brief look at some of the terms and conditions on websites reveals that many people believe that one set of legal terms will fit all websites, no matter what; obviously this is incorrect. Every website is different, just like every business, and each therefore incurs different risks and needs different terms and conditions to protect itself. Secondly, there is the assumption that because it is related to the law, it must be written in verbose legal language, interspersed with strange Latin words. In fact, this assumption is often taken one step further, that is, the more Latin it contains, the more verbose it all sounds, the more it must be good legal stuff! The third assumption is that all legal practitioners will have an automatic understanding of the risks and challenges posed by the new Internet world, and therefore it is not necessary to get a specialist.
Different websites face different risks, and the consumer’s perception of the need for protection differs as well. A website selling bridal-wear, does not need volumes of legalese, and should the young starry-eyed couple actually bump into reams of small print legal stuff on the web site, it would probably scare them off. On the other hand, a visit to an online stockbroker that does not find a page or two of legal terms and conditions will more than likely scare off potential investors! Where legal terms and conditions are drafted to fit to the type of site, and where a similar tone and language to the rest of the site is adopted, site visitors are more than likely to be reassured, and can use these terms to gain clarity as to the type of online transaction occurring, rather than becoming lost an obscure legal fog. Expressed in concise language, fitting to the tone of the website, and addressing issues relevant to their industry, legal terms and conditions can become part of the rest of the website's marketing strategy. This must be seen as especially relevant on any sort of transaction or e-commerce website.
Points to consider when changing the use of a website terms and conditions from being a necessary evil into being an active marketing tool for the site:
16 May 2007
This article is intended to provide general guidance and does not constitute professional advice relating to specific instances. Should you wish to place any reliance on the information presented in this article we strongly advise that you consult your legal advisor or the Electronic Law Consultancy - info@e-lawconsultancy.co.za
However, to take this fresh look we need to challenge some of the common assumptions made by people in the industry. A brief look at some of the terms and conditions on websites reveals that many people believe that one set of legal terms will fit all websites, no matter what; obviously this is incorrect. Every website is different, just like every business, and each therefore incurs different risks and needs different terms and conditions to protect itself. Secondly, there is the assumption that because it is related to the law, it must be written in verbose legal language, interspersed with strange Latin words. In fact, this assumption is often taken one step further, that is, the more Latin it contains, the more verbose it all sounds, the more it must be good legal stuff! The third assumption is that all legal practitioners will have an automatic understanding of the risks and challenges posed by the new Internet world, and therefore it is not necessary to get a specialist.
Different websites face different risks, and the consumer’s perception of the need for protection differs as well. A website selling bridal-wear, does not need volumes of legalese, and should the young starry-eyed couple actually bump into reams of small print legal stuff on the web site, it would probably scare them off. On the other hand, a visit to an online stockbroker that does not find a page or two of legal terms and conditions will more than likely scare off potential investors! Where legal terms and conditions are drafted to fit to the type of site, and where a similar tone and language to the rest of the site is adopted, site visitors are more than likely to be reassured, and can use these terms to gain clarity as to the type of online transaction occurring, rather than becoming lost an obscure legal fog. Expressed in concise language, fitting to the tone of the website, and addressing issues relevant to their industry, legal terms and conditions can become part of the rest of the website's marketing strategy. This must be seen as especially relevant on any sort of transaction or e-commerce website.
Points to consider when changing the use of a website terms and conditions from being a necessary evil into being an active marketing tool for the site:
- How can they be used to inspire customer confidence in the website?
- Do they clarify all the transactions occurring on the
website? - Do they ensure that areas of potential dispute between the site and its visitors / customers are removed by clarifying them beforehand, for example a returns policy?
- By complying with Chapter 7 of the ECT Act, supplying company information and so forth, customers are more likely to relate the website to the real world business behind it and so to trust the website and therefore transact with it.
- By adopting the tone and style of the rest of the website, potential customers are more likely to access the legal terms and conditions and use them, further promoting confidence and trust in the site.
- By having a clearly accessible privacy policy, potential customers are far more likely to give details such as their e-mail address to the site, and then enter into any transactions with the website.
- By keeping the length of the terms and conditions compatible with the type of website, its business and potential customers, and by only adopting such terms and conditions as are relevant, the terms and conditions are made more accessible and are therefore more likely to inspire customer confidence.
16 May 2007
This article is intended to provide general guidance and does not constitute professional advice relating to specific instances. Should you wish to place any reliance on the information presented in this article we strongly advise that you consult your legal advisor or the Electronic Law Consultancy - info@e-lawconsultancy.co.za
