Standard terms and conditions (T&Cs) are a common feature of commercial contracts and for good reason. They help reduce costs, save time, and provide clarity around what’s being agreed. But while standard T&Cs can be useful, they aren’t a one-size-fits-all solution. Over-reliance on them can expose your business to unnecessary risk.
So, when are standard T&Cs appropriate — and when should you take a closer look? And how can you protect yourself?
When standard T&Cs can work
- Low-value, low-risk, and straightforward projects, where complexity is minimal and the commercial exposure is limited.
- Businesses with a focused offering, where your T&Cs have been tailored to suit the single, repeatable service or product you provide.
When to Be Wary of Standard T&Cs
- High-value, complex, or non-standard projects
- Contracts where the stakes are high — for example, if a failure could cause serious financial, operational, or reputational damage
That doesn’t mean your standard T&Cs can’t be used at all — but they need to be reviewed carefully to ensure they’re appropriate. A bespoke agreement may be needed, or your solicitor might be able to make targeted adjustments to better fit the project.
How to Use T&Cs Safely and Effectively
Even when your standard terms are broadly fit for purpose, it’s essential to use them properly. Here are some key tips:
- Assess at the start of each project whether your T&Cs are suitable for the work involved.
- Understand your own terms and don’t hesitate to ask your solicitor for clarification where needed.
- Train your team on how to use T&Cs, what they mean, and when they might need to be adapted.
- Complete all the commercial details, don’t leave blanks for fees, delivery dates, timelines, or scope. Use checklists or internal guidance to help staff get this right.
- Make changes where needed, empower your team (with support) to tailor or seek variations to fit the situation.
- Keep your T&Cs up to date, regular reviews ensure your terms reflect current law, business practices, and risk appetite.
- Avoid the “battle of the forms”, if the other party tries to impose their own T&Cs, be alert. If you don’t clearly reject and replace them, you might find theirs apply instead of yours.
Standard terms and conditions are a helpful tool, but only if they’re used properly and reviewed regularly. A little time spent upfront can prevent significant problems later.
If you’d like support reviewing or updating your standard T&Cs — or help preparing tailored contracts for specific projects — our team is here to help.
