What’s the difference between website terms and client service terms?

What's the difference? Is there any? Can't we all just get long?

Yes we can! Website Terms and Client Service terms can be very different in some circumstances... and sometimes might be combined (like 2-in1 shampoo and conditioner!)

So let's break it down...

🌐📄 Website Terms

Site terms usually...

  1. apply to everyone that visits your website

  2. more general, high level

  3. often don't cover things in great detail

👩🏼‍🦱 📄 Client Terms

Client terms usually...

  1. apply to people who buy products or services from you

  2. something your clients actively agree to (either by signing or clicking to agree)

  3. more specific to the products and services you are offering, and your processes for delivering and getting paid.

For example, website terms might cover that your site is not for competitors, visitors are not permitted to copy or resell the content, and disclaimers around using the information on the site is at the visitors' own risks.

On the other hand, your client service terms might cover these issues too but will include additional details around payment terms, how intellectual property is managed, who is responsible for what, and specific inclusions for a product or service.

Do you have to put your client terms online?

Not necessarily... If you send your client terms to your clients via an electronic signature platform and don't want your client terms to be public, then it is okay to keep them off your website.

BUT if you want clients to sign up online, then you will need your client terms to be online.

Can you keep client terms and website terms separate?

Yes, you can. You can have Website Terms and Client Terms as separate documents... with your client terms online or offline in a separate document.

Can you combine Website Terms and Client Service Terms online?

Heck yes, you can. We call these 'Site and Service Terms' The benefit of this means you can have an online sign up process. You refer to your Site and Service Terms during the checkout process, and carefully word and link your terms so that your Site and Service Terms are incorporated by reference and you have a valid agreement.

Why wouldn't you put your client terms online or combine them?

Reasons to keep your client terms offline include..

  1. Keep them more confidential

  2. If your online services are different to your client / bespoke services, it might make sense to keep them separate.

  3. Keep them out of the hands of your competitors

  4. Keep the Site Terms short and to the point

Whether you go for a combined Site and Service Terms or if you decide to keep them separated... the important thing is to be comfortable and happy with your contracts! These are the terms that your clients see and that help you bring in revenue... so we think you deserve to feel completely confident and proud of your client service terms!

If you want to chat about your client service terms, reach out for a free no obligation chat with a friendly Checklist Legal lawyer today.


Verity White

Verity White is an Accredited Specialist in Commercial Law and the Legal Director at Checklist Legal, a B Corp certified law firm, that specialises in human-centred contract operations.

Verity is the author of Create Contracts Clients Love and an Honorary Senior Fellow at the University of Melbourne where she taught Contract Design for Automation .

Connect with Verity on LinkedIn and Instagram for more details on her current projects.

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