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Terms of Service

Everything you need to know about getting a Terms of Service on Goodlawyer: pricing, scope of work, benefits, and frequently asked questions.

  1. What are Terms of Service?
  2. Pricing and Scope
  3. What is the Process?
  4. Why does my business need Terms of Service?
  5. What risks will this protect my business from?
  6. Frequently Asked Questions
  7. Book your Terms of Service

 


What are Terms of Service?

If you have a website or an app, you need to clearly establish the legal relationship between your business and the people who use your website or app. Enter Terms of Service (sometimes referred to as “Terms of Use” or “Terms and Conditions”). These visitors don’t have to be customers. It is anyone that comes to your website or downloads your app, for any reason whatsoever.

Your Terms of Service are a non-negotiable contract between your business and people using your website or app. They are used to minimize potential liability from site users, protect your website content from copycats, and set the rules that users of your website or app must follow.

This service is for business owners, organizations, or individuals that have a website or mobile app.

Pricing and Scope

Terms of Service can vary drastically, which means the complexity of the Terms of Service and therefore the price varies as well. At Goodlawyer, part of our mission is to always provide upfront fixed prices for legal services, so we've created basic and complex Terms of Service to give business owners more choice and more control.

 

Basic ($780 + Tax)

$ 650 legal fee + $130 service fee

Suitable for:

  • Businesses or individuals with simple websites or apps that do not involve e-commerce or user-generated content.

Includes:

  1. Client intake meeting 
  2. Audit of current business and website practices
  3. A review of your privacy policy, if applicable, to ensure the new terms of service comply.
  4. Websites or apps that allow for basic interactive and user-generated content, such as:
    1. Use of usernames or passwords; and
    2. Use of account profiles.
  5. Websites or apps posing a low risk of liability, such that browsewrap or clickwrap is sufficient.
  6. Websites or apps intended for and primarily used by Canadian users.
  7. One round of minor revisions. 

Where customization efforts exceed the "basic" threshold, the Terms of Service moves to the Complex tier outlined below.

Complex ($1,200 + Tax)

$1,000 legal fee + $200 service fee

Suitable for:

  • Businesses or individuals with interactive websites that use e-commerce features or user-generated content.

Includes all service elements from the Basic tier. The inclusion of any of the below criteria will make a matter “complex”:

  1. Websites or apps that are intended for sales or e-commerce.
  2. Websites or apps that require payment or a subscription for use.
  3. Websites or apps that are subject to specific regulatory requirements (e.g. Industry-specific or professional services, etc.).
  4. Websites or apps that allow for complex user-generated content, such as:
    1. Social media features; or
    2. Uploading, posting, or transmitting user-generated content.
  5. Websites or apps that allow for complex interactive features, such as:
    1. Applications;
    2. Chatrooms/email;
    3. Message boards;
    4. Personal or interest group web pages;
    5. Forums;
    6. Bulletin boards; or
    7. Contests.
  6. Websites or apps that impose age restrictions or other user eligibility requirements.

Where customization efforts exceed the “complex” threshold, a custom price quotation is suitable. Your lawyer will always seek your approval on custom quotes before proceeding — no surprises.

Custom

Includes all service elements from the Basic & Complex tiers. The inclusion of any of the below criteria will make the matter subject to a custom quote:

  1. Website or app is intended for and is primarily used by international users.
  2. Website or app is intended to be used by minors (including advertising to minors).

Other Considerations

  • If you are just starting to develop your website, consider our Website Bundle and save up to $600.
  • Already using Terms of Service but want to ensure they are meeting your business’s needs? Book a contract review with a Goodlawyer at $25 per page to have your Terms of Service assessed. 
 

What is the process?

  1. Book a call: Pick a time to discuss your Terms of Service with a Good Lawyer. They'll help you determine if you need a Basic or Complex agreement.
  2. Design your Agreement: You’ll have a call with your Good Lawyer to help them understand your business so they can draft Terms of Service that accurately reflect your business practices and meets your needs.
  3. Receive your Agreement: You will receive a copy of the Terms of Service, ready for use, ready for use.


Why does my business need Terms of Service?

Establish rules and rights.

Terms of Service are used to state your rules for using the website or app and any rules that you can take against users who break those rules. For example, your Terms of Service may set out that you can remove a user who posts defamatory comments. 

Stop copycats.

Terms of Service often are used to clearly establish that the website or app owner owns all of the content and the design of the website or app (e.g. logos, images, written copy, videos, etc.). 

Limit your liability.

Because Terms of Service establish the legal relationship between parties, they can be used to limit your liability if a user attempts to sue you for any damages resulting from the use of your website or app.

 


What risks will this protect my business from?

Avoid lengthy and costly disputes.

Terms of Service will provide guidance to the website or app user and the owner if a dispute arises. For example, the Terms of Service might clarify what actions the site owner is allowed to take if rules specified in the Terms of Service were breached by the user. They might limit the amount of damages that are payable in case one party sues. Or, Terms of Service could specify the dispute procedure to be followed and the law that will govern the dispute. Terms of Service can help reduce both the time and money required to resolve a dispute if it arises.

 


Frequently Asked Questions

Are Terms of Service required by law?

No, but that doesn’t mean you don’t need them. If you are ever sued by a user of your site or app, you would point to your Terms to protect yourself. Without proper Terms of Service, there is no way to prove any agreement between users and your business. It’s your word against theirs.

Can I just use Terms of Service I find online?

Each website or app has its own complexities and nuances, and this needs to be reflected in the Terms of Service for the Terms to be enforceable. Templates found online won’t capture the complexities of your website or app and risk being unenforceable or unusable if you are sued. Terms of Service that are custom-tailored to your website, app, and business practices by an experienced lawyer will provide you with the best possible protection.

Are Terms of Service legally binding?

Yes, Terms of Service that are custom-tailored to a website or app and are displayed in a manner that provides the user with notice are legally binding. However, Terms of Service may be void if the user is not made aware of the Terms or if the Terms themselves are unclear or otherwise unenforceable. Professionally drafted Terms of Service will help you ensure that they are legally binding, and your Good Lawyer will provide you with guidance on how to display your Terms of Service on your website or app to increase the likelihood that a court will enforce them.

Are Terms of Service the same thing as a Privacy Policy?

No, but Terms of Service and Privacy Policies are closely related as they both govern the relationship between your business’s online presence and your customers’ online visits. Terms of Service are used to set out the legal relationship between the website or app user and the owner, whereas Privacy Policies are required by law and set out how users’ personal data is collected and used. Learn more about getting a Privacy Policy through Goodlawyer here.

It is extremely common to get both documents drafted at the same time and by the same lawyer to increase efficiency and minimize costs. You can book both these services and save with Goodlawyer’s Website Bundle.


Do I need a lawyer in my province for Terms of Service?

Generally, no. Terms of Service should be applicable across Canada. However, if you book an out-of-province lawyer that determines you need someone with local expertise, Goodlawyer can set you up with a local lawyer ready to help.

 


"Great experience and super efficient to use. Communication and affordability are outstanding,  wouldn't hesitate to use for any future legal service needs!"

Andrew, August 2020 — 5-Star Google Review


 

Are you ready to start protecting your website or app?

Book a Terms of Service

 

Your lawyer will assess your situation and make recommendations on which complexity tier you should consider accordingly.

Still have some questions?

Book a free Legal Concierge™ service