PHP developers

1 in 4 websites break the law.

16th Sept 2013

The BBC website reported that Trading Standards in Scotland (SCOTSS) states that one in four websites are not offering consumers the correct options when trading online, ultimately breaching their consumer rights.  Amongst these infringements include 43% of websites fail to inform consumers of their right to cancel and more than 50% of sites, fail to provide a full refund when required.

SCOTSS chairman Colin Baxter said: “We are concerned about the high levels of non-compliance. It’s a legal requirement to protect online buyers, to ensure fairness and a level playing field for reputable retailers, and to ensure the smooth working of the internet marketplace. “However, with the continuing expansion of e-commerce in the UK, new entrants are joining the market every day, many of them small micro-businesses with little experience of consumer law.”

So, businesses that enter the online marketplace with no knowledge of consumer rights, will only attract unwanted attention from institutions like the standards agency.  This could result in a fine for the online business and bad press for online retailing which is a key part of our economic recovery.

With the public more savvy about their rights as a consumer, it’s up to the online business to ensure their website and online offering is reputable.  This includes being aware of the responsibilities as an online trader and ensuring the correct procedures are in place before trading online.

David Reilly from Create Ts and Cs, director who draft and provide bespoke terms and conditions to online businesses commented “it’s a good idea to keep trading standards off your back; such organisations have the power to fine and tarnish the reputation of the business, leading to a loss of online sales.  It’s a risk for a business not to follow the law and not to communicate the correct legal rights to their online customers.   So why take that chance? A company that is serious about customer service and building a sustainable online business will take the right steps to ensure their customers are protected”.

Online inspection of Websites

SCOTSS will in the future conduct random online inspections of websites, this will include SCOTSS officers carrying out “test purchases” to check how a consumer would be treated when they purchase from the site.  This test will also include cancelling the service within the statutory seven-day period to test whether the website operators are following through on distancing trading obligations, as per the law.

There is a trust that exists between the general public and the online trading community, when an online purchase is made, online transactions lack the traditional personable retail face to face contact that can reassure a potential customer and establish the credibility of the company.  In the virtual world, all that’s visible is the website, social media communications and the correct terms and conditions outlining the customer’s rights meaning this formal communication is not only a legal requirement but demonstrates the correct customer service approach to protecting your potential customers.

Self-drafted and ‘off the shelf’ contracts versus bespoke contracts – what’s the difference?

 

Self-drafted or general off the shelf contracts are not adequate for those businesses who want to manage their liability, a case from www.lexology.com (legal website that explores business issues and law) shows how self-drafted or off the shelf contracts just don’t manage the risk within a business and can lead to businesses issuing contracts that are simply unenforceable.

The High court found that an exclusion clause contained within the standard terms and conditions of an IT supplier was unenforceable leading to an award of damages of £110k in favour of the Client. The case (Kingsway hall hotel limited V red sky IT limit [2010] EWHC 965 (TCC). Legal firm RPC (www.rpc.co.uk) commented on this case saying, “from this case it was clear that there existed a clear disconnect between red sky’s standard terms and conditions and the manner in which red sky sought to sell their software.  Suppliers should ensure that their standard terms accurately reflect the sales and contract process. Any gap between the process envisaged in the standard terms and the actual process may result in clauses being unenforceable.  Standard terms and contract processes should be reviewed regularly with legal advisers to ensure enforceability and maximise their benefit”.

Click here to view or Bespoke contract versus self-drafted or off the shelf contract chart outlining the pro’s and cons.

 

What our software developer clients are saying

We recently drafted a bespoke set of terms and conditions for PHP Developers, Malt Blue Ltd and they’ve been kind enough to blog about the difference and added value bespoke Ts & Cs have made to their business.

Now maybe it’s just a matter of perception in my own mind here; maybe it is. But ever since going through this process, the tone and quality of the interactions with clients has definitely gone up a number of notches. I see myself taken more seriously and remunerated as such.

But maybe it’s something else. Maybe, it was just coincidental timing – I don’t believe that. Irrespective of what it is, I know two things:

  1. I’ve had a good solid look and think about my intent in running a freelance business
  2. I’m more focused and professional in my conduct

This isn’t to say or infer that I wasn’t before. But going through this process changed me, because of all the topics that I started considering in such depth; which in turn, led me to consider other aspects of how the world sees my freelance business. Topics such as letterhead, email signatures, they way that I write and communicate with clients and so on.

Read the full post.

It’s always great when we receive such positive feedback from our clients.  How can we make a difference with how you perceive your business?  Contact us today.

 

Create Ts and Cs provide a bespoke set of Terms and Conditions for your business at a fixed price, this unique approach to individualising commercial Terms and Conditions allow Start up and SME sized businesses the opportunity to protect themselves, manage risk and guard against future unnecessary disputes at an affordable price. Download: terms & conditions | privacy policy