Dated: 5 May 2022
Disclaimer: This policy is not intended to be used as legal advice and should not be relied upon as such. Business users should seek independent legal advice when contracting with consumers.
This Fair Contracting Policy for Business Users applies to UK/EU and Australia / New Zealand business users and outlines our policy regarding your contracts with your customers.
Written contract
You should have a written contract in place with your customers, outlining all the commercial terms of your arrangement (e.g., on payment, timing, refunds etc.). The contract needs to comply with all laws that apply to it, including consumer law and data protection law. You should give the consumer a durable copy of the contract as soon as its signed.
Pre-contractual information requirements
You are obliged under law to provide consumers with certain information before entering into the contract. This includes, but isn’t limited to, your identity, contact details, a description of the goods/services and costs.
Transparent and fair terms
Terms in consumer contracts must be transparent, fair and prominent. As a general rule, a term will be unfair if it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer. A term will be transparent if it is expressed in plain and intelligible language and is legible to the consumer. Unfair terms are not enforceable against consumers.
Standard of goods and services
Goods and service must meet certain standards under law. Goods must be of satisfactory quality, fit for purpose and as described. Services must be performed with reasonable care and skill.
Cancellation rights
Consumers have certain rights under law to cancel contracts. Make sure you understand these and inform consumers of their cancellation rights (as required under law).
Unfair commercial practices
You are not permitted under law to engage in unfair commercial practices. In particular, you cannot mislead consumers or provide false information regarding your goods or services.
Data protection
You will need to ensure that you comply with all applicable data protection and privacy laws, including the lawful processing any personal data and related requirements.
Written contract
You should have a written contract in place with your customers, outlining all the commercial terms of your arrangement (e.g., on payment, timing, refunds etc.). The contract needs to comply with all laws that apply to it, including consumer law and data protection law. You should give the consumer a durable copy of the contract as soon as its signed.
Pre-contractual information
You should provide consumers with information before entering into the contract. This includes your identity, contact details, a description of the goods/services and costs.
Transparent and fair terms
The terms in your contracts with consumers should be transparent, fair and prominent. A term will be transparent if it is expressed in plain and intelligible language and is legible to the consumer.
Standard of goods and services
Goods and service must meet certain standards, and you should ensure you meet these standards.
Cancellation rights
Consumers have certain rights under law to cancel contracts. Make sure you understand these and inform consumers of their cancellation rights.
Unfair commercial practices
You should not engage in unfair commercial practices. In particular, you should not mislead consumers or provide false information regarding your goods or services.
Data protection
You will need to ensure that you comply with all applicable data protection and privacy laws, including in relation to processing personal data and other requirements.