David Fiske Affiliate marketing & web development musings from Fiske Towers

In the age that we live in, legal action has become more prevalent.

So it is only right that you stay one step ahead of any lawsuits by complying with the law.

There are three types of document you will need to make a website sound:
 

• Website terms and conditions
• Website disclaimer
• Website privacy policy

The terms and conditions inform visitors what they can and cannot do. It also explains what you offer on the site.

A disclaimer is exactly what it says - it is designed to cover you in the event that a visitor suffers loss as an indirect result of using your site. For example, if they catch a virus, your disclaimer should have explained that your try to ensure there are no viruses on your site but you cannot guarantee it and hence they use the site at their own risk.

A better example is with price comparison sites. Because I am updating Compare Sat Nav weekly, the prices may be a few pounds out here and there. In the last week, I only had to change 2 out of 200 prices. My disclaimer therefore needs to explain that the prices are correct at the time of publication but can be incorrect.

A privacy policy explains to the visitor what personally identifiable data you collect and what you do with it.

If you are in the UK and are serious about creating an Internet revenue stream, register yourself with the Information Commissioner under the Data Protection Act 1998. If you collect data without this, you could end up in hot water. According to the Information Commissioner, if you hold personally identifiable data other than for personal use (e.g. address book), you are liable to be registered under the Data Protection Act 1998. This means that if you run an e-mail newsletter, you should be registered.

It costs £35 per annum to register. Well worth it if it means you stay on the right side of the law.

You don't have to write a set of terms and conditions, a privacy policy and a disclaimer yourself. Business Link have provided a set of templates to download and customise.

One word of advice. I am not a lawyer, though I did study a bit of business law at Huddersfield University as part of my degree (it primarily covered contract formation and termination). I will use the Business Link templates until the site has enough traffic to warrant a professionally written set of terms and conditions, disclaimer and privacy policy. The cost of this could exceed £450 + VAT as quoted by Sprecher Grier Halberstam LLP.