Where to put Website Terms for your Business

by Legal Goodness June 19, 2024

As a business owner, it's pretty likely that you have a website. And that website should have website terms. But where is the best place to put these terms? Is it just the footer or should we also place these terms elsewhere?

These terms, which typically include a Terms of Use, Privacy Policy and possibly a Disclaimer, are essential for setting expectations, protecting your business, and complying with legal requirements.

So let's explore some best practices for positioning these policies:

Website Footer

Let's start with the obvious. You should place your website terms in the footer of your business website. Your visitors expect to find the terms here, making it the go-to location.

Placing website terms in the footer also make them accessible from any page on your site. This is the classic location and where most of us look to when searching for a company's legal policies.

Creating an Account or Checking Out

Does your website allow users to log in?

If so, on sign up you can include a checkbox that require users to agree to your website terms before they can create an account.

Same with the checkout process.

Display your terms, particularly refund and return policies, during checkout. Place a checkbox next to your policies that users must check before completing a purchase.

This way, not only are users aware of your terms but it also helps enforce these terms if ever challenged.

Selling Licenses

Do you sell digital products?

If you offer something intangible for sale, such as access to software, images or templates, for example, then placement of your license terms is crucial.

License terms do not transfer ownership upon sale.

Instead, they license the ability for your customers to use your intellectual property. This needs to be made clear to your customers so placement is crucial.

Link these terms on product pages so they cannot be missed.

And require that customers agree to your license terms before they can purchase.

Invoices and Proposals

If part of onboarding your client involves sending them an invoice or proposal, that's a great place to link your business website terms.

When providing 1:1 client services, of course you should have a contract, but you can also make the relationship subject to the terms of your website policies.

Why not get the extra legal protection?

Big companies do this all the time.

This also comes in handy to a software business or SaaS, because order forms often contain the number of licenses the customer is purchasing to access the software. You can embed a link in the form and state that all licenses are subject to your license terms.

Mobile Apps

If your business operates through a mobile app, ensure that your terms are easily accessible within the app.

This can be done through a dedicated section in the app menu, often labeled “Legal” or “About,” where users can find your policies.

There's also usually a space dedicated to your terms on your download page since it is typically a requirement of app stores.

Sales Pages / FAQs

Another great spot to place website terms is on your sales pages. This is particularly helpful when you have a frequently asked questions section.

If you offer access to a digital course, for example, one of the questions may be "how long do I have access to the course?" and while the quick answer may be brief, i.e. 1 year, you may have far more info about access in your website terms.

You can put something to the effect of..."to learn more, please read our terms located here" and link those terms.