Signing a contract can be exciting. Whether you’re gaining a new client, buying property or purchasing a much-needed service, the signing is the culmination of a lot of planning and hard work. However, it could be disastrous if you fail to thoroughly review the legally binding document.
To help you with your contract due diligence, Business News Daily talked to business owners, attorneys and other experts to find out what common contract “gotchas” you should be on the lookout for. Keep an eye out for these dirty tricks.
Are terms and conditions legally binding?
Yes, the terms and conditions of a contract are legally binding, but they are not a requirement of a valid contract.
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Are terms and conditions valid if they are not signed?
According to Knaub, the answer is maybe. It depends on the context of the formation of the agreement between the parties. Contracts do not always have to be signed to be valid. A signature is not an element of the contract, but a signature is excellent evidence of the intention to enter into a contract.
What clauses should be in your terms and conditions agreements?
It varies depending on the industry, but here are some common clauses to include:
- Where disputes will be litigated (venue, jurisdiction)
- Arbitration agreement
- Identification of the parties
- Disclaimer of guarantee
- Right to edit contract if/when necessary
- Copyright/any intellectual-property specifics
- Confidentiality of information