Most small business websites need two legal documents: website terms and conditions, which set the rules for using your site and limit your liability for its content, and a privacy policy, which explains how you handle personal information. If you sell through your website, you'll also need click-wrap terms of purchase/terms of sale (these are not the same as your business terms and conditions, which form the contract with your clients).
Your website is often the first thing a potential client sees. It's where you share your services, your blogs, your podcast and your free downloads. It's also where many businesses overlook their legal foundations.
Website documents aren't just nice to have. They protect you, they build trust and credibility with the people who visit your site, and, despite what you might think, they do get read.
What legal documents does my business website need?
Website terms and conditions. The rules for using your website: what visitors can and can't do, intellectual property protections for the content you share on your website, and the limits of your liability for what's on the site.
A privacy policy. What personal information you collect through your website, such as names and email addresses from a contact form or newsletter sign-up, and what you do with it. Read more in does my small business need a privacy policy?
Terms of purchase/sale, if you sell products or services online. These set out pricing, payment, delivery, refunds and cancellations for purchases made through your site.
If you provide services, your business terms and conditions (also called your client service agreement) are the contract between you and each client. More on how they differ below.
Are website terms and conditions a legal requirement?
No single law says every website must have terms and conditions. But there are good reasons to have them, and some legal rules you need to meet if you sell online.
In practice, if your website shares details of your services or products, blogs or articles, podcast episodes, free or paid downloads, online courses, memberships, a portfolio of your work, or links to other websites, you need website terms.
Without website terms:
you may be exposed if someone relies on your content. If a reader treats your blog as advice and things go wrong, a clear disclaimer that your content is general information only is part of your protection.
it's harder to protect your content. Your terms can make clear that you retain your intellectual property, that you own your words, images and resources, and how others can and can't use them.
you have no rules for your site, for example for comments, user accounts, or links to other sites.
If you sell online, the Australian Consumer Law applies to how you describe your products and services, your prices, and your refund and returns policies. Your terms of purchase/sale can't mislead customers about their rights, including the consumer guarantees, which you can't contract out of.
A privacy policy is a legal requirement if your business is covered by the Privacy Act, and most platforms, from Google Analytics to Meta's advertising tools, require one regardless.
And from a reputation point of view, having your legal ducks in a row shows clients that you operate professionally.
What should website terms and conditions include?
Your website terms should be specific to your business, typically covering:
who you are, and how the terms apply to people using your site
what visitors can and can't do on your site
that your content is general information only, not advice
who owns the content on your site, and how it can be used
limits on your liability for the site and its content
links to third-party sites
any user-generated content, comments or accounts
which state's law applies.
What's the difference between business terms and website terms?
Business terms and conditions set out the terms you trade on with your clients. They cover each party's obligations (managing expectations is key), your fees, how and when you'll be paid, delivery dates, copyright and intellectual property, cancellations, and what happens if something goes wrong. They form a contract between you and your client, so if anything goes wrong, you can rely on them to protect your business, and hopefully avoid a long, expensive dispute.
Website terms and conditions set the rules for using your website. They don't form your contract with your clients for the services you provide.
If you're a service provider, give your business terms to your clients upfront, with time for them to read and accept them before work starts. A good way is to send them as a PDF with your proposal or quote.
Can I put my business terms in my website terms?
You can, particularly if you sell online. But if you want to rely on terms on your website as your contract, your customers need reasonable notice of them, so they know they exist and agree to them. There are two common ways to do that:
Clickwrap: the customer ticks a box or clicks "I agree" before they buy. This is best practice, because there's clear evidence they agreed.
Browsewrap: the terms are simply available through a link on your site. Courts are less likely to treat these as binding, because there's no clear evidence the customer saw them.
Use clickwrap if you can. If you can't, make your terms prominent, link to them clearly at the point of purchase, and explain that by proceeding, the customer agrees to them.
Can I copy another business's website terms?
Please don't. Your terms need to be specific to you and your business. There's no one-size-fits-all, and copying another business' terms can land you in trouble. (Think of the time you borrowed your sister's licence at 17 and the bouncer cut it up. You may look alike, but you're still different people.)
Copied terms describe someone else's business, not yours. They may infringe the other business' copyright, they may not reflect Australian law, and they may include terms that are unfair under the Australian Consumer Law. Read more in are template documents adequate for my business?
My core legal package for service-based businesses covers your client service agreement, website terms and conditions and a privacy policy, from $3,650 + GST. Book an introduction call and let's get this done.
This article provides general information only and does not constitute legal advice. Your obligations depend on your specific circumstances.
Frequently asked questions
What legal documents does my small business website need?
Most small business websites need website terms and conditions and a privacy policy. If you sell online, you'll also need terms of sale. If you provide services, your business terms and conditions form the separate contract with your clients.
Are website terms and conditions a legal requirement in Australia?
No single law requires every website to have terms and conditions, but they limit your liability for your content, protect your intellectual property and set the rules for your site. If you sell online, the Australian Consumer Law applies to how you present your prices, refunds and terms.
What's the difference between business terms and conditions and website terms and conditions?
Business terms and conditions are the contract between you and your clients, covering fees, payment, delivery, intellectual property and cancellations. Website terms and conditions set the rules for using your website and limit your liability for its content.
Is a clickwrap or browsewrap agreement better?
Clickwrap is better. Because the customer clicks "I agree" or ticks a box, there's clear evidence they accepted the terms. Browsewrap terms, which are simply linked on your site, are less likely to be treated as binding.
Can I copy another business's website terms?
It's not a good idea. Copied terms describe another business, may infringe its copyright, may not reflect Australian law, and may contain terms that are unfair under the Australian Consumer Law.
