# Terms of Service. Necessary or....?



## Consuela (Dec 11, 2014)

So I'm working on my website now, while I have time because I have baby coming (very) soon and know I'll be a zombie within the next 14 days. Why not work while I have the brain cells to? Plus I'm so slow and crazy about spelling and formatting I might as well work on it now. I've got this crazy burst of "ohmygodallthethingstodorightflIppingnow"  

I'm working on a Terms of Service page but notice that other Canadian Soapmakers don't have one. Actually some US ones don't either. 

Is this because it's not necessary for a soap site, or is it because they just decided not to have one?

And are there any thoughts on this? Do you have one on your site and is it to cover your proverbial bottom/what are your reasons for having it? 

When I worked with online forums we always had one, but I'm just wondering if it's necessary for a soap website...  

Any thoughts would be absolutely appreciated.


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## The Efficacious Gentleman (Dec 11, 2014)

It depends if anything on your site needs it. If you have a shop, cookies, "contact us" or so on, then you may well need one.


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## Moody Glenn (Dec 11, 2014)

Hello Consuela! You have asked a very good question. I include one on my US website - partly based upon recommendations on what to state made by the website builder and server and even by my lawyer who made and filed my Ltd business status. 

Terms of Service is sort of a contract between you and your customers. On my website the title is "Terms of Service or 'the fine print' on how we can get along with each other." For example, you can state you have the right to change prices at any time, refuse service for unruly or obnoxious website viewers and customers, that you and your business are not responsible for improper use of the products that may lead to injury, how you handle payment, payment information, refunds and other information such as forms, blog comments, Google Analytics information, that you will use possible legal means involving copyright infringement by anyone....etc. 

In essence, it is a sort of semi-legal document so that customers do not take advantage of you and that you can't cheat the customers. One very important web page that everyone should have is the Privacy Policy which ties into the Terms of Service.

I say go ahead and take some time to make a page. I doubt that many people really read it - for my website it may scare people away - BUT it does help to legally protect your business and yourself. Make sure to do some homework on any exact requirements Canada may have for all Canadian business websites. Hope this helps you! :smile:


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## Consuela (Dec 11, 2014)

I do have a privacy policy so I felt like I was repeating myself when drafting the terms, but I was leaning towards having a Terms of Service page for the extra cushion. 

Thank you guys I'll throw it in there to have it then.


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## Lindy (Dec 13, 2014)

Consuela I'm Canadian and I do have one.  http://www.malaspinasoapfactory.ca/terms_and_conditions.html


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## Consuela (Dec 15, 2014)

Thanks Lindy, I'll give it a read through... 
Just wondering - did you use a "generator" to draft it for you, or did you reword another one - in your own words?

I'm not sure what the legalities are on that.... I always thought there was a standard form - but I've seen others with varying degrees of the same language, so I assume that in this case - using similar terms and such, is not plagiarism? And rewording is fine as long as the jist is the same...

(You will not spam our site... by browsing this website you agree to these terms and conditions.... etc)

ETA: Just looking over your website Lindy, it's lovely!


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## Lindy (Dec 15, 2014)

I got permission from a friend to use theirs as a basis for mine since she is in the UK.  Changed it to suit my needs and made it work.  You are welcome to use this as your base if you like it.


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## Consuela (Dec 15, 2014)

Thank you Lindy I appreciate it!

I have two drafts on the go.... One in legal speak, and the other in real-person speak... I'm more a fan of the black and white real-person language - which is what I'm mucking around with. Sounds more personable, and less like you're reading a legal document... but still,  being informed.


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## Lindy (Dec 15, 2014)

You're welcome.

 Where in Canada are you?  I'm on the West Coast


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## Consuela (Dec 16, 2014)

I'm in the Northern Alberta - yet I'm the only one who calls us North because there are more places much farther north than I...  

First we were in The Rockies, then we moved to The Kootenay's, and now we're in the land of the ice and snow!


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## Lindy (Dec 16, 2014)

Yeah I lived there for a while, wasn't my cup of tea.  The Kootenays are nice though, such pretty county.


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## Consuela (Dec 18, 2014)

Lindy said:


> Yeah I lived there for a while, wasn't my cup of tea.  The Kootenays are nice though, such pretty county.



Yes. Love the kootenays. Beautiful weather and the air..... Seriously it smells so different. Always noticed that as a kid too when we went to visit family. 

I'm not fond of the cold, not for too long. It's more the nasty winter driving that I despise.


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## Lindy (Dec 18, 2014)

Agreed the smell of the air in the Kootnenays is like no where else.  I left the snow behind gladly though.


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