Key Takeaways

  • The cost of hiring a terms and conditions lawyer depends on the complexity of your needs, ranging from $135 to several thousand dollars.
  • Simple template-based reviews are cheaper, while custom-drafted terms tailored to your business or industry are more expensive.
  • Engaging a lawyer ensures compliance with applicable laws, clarity in user obligations, and better risk mitigation.
  • Common clauses include Intellectual Property, Limitation of Liability, Governing Law, Dispute Resolution, and Termination clauses.
  • Working with a qualified attorney helps protect your business from legal disputes, especially if your services involve user-generated content, e-commerce, or data collection.
  • UpCounsel offers access to experienced attorneys who can help draft or review your terms and conditions effectively.

If you're wondering, "how much do terms and conditions cost," it depends on how thoroughly you want an attorney to review the contract containing them. Reviews can be basic, more than basic, and complex with prices ranging from less than $200 to several thousands of dollars.

Basic Level Review

The estimated cost of a basic or easy review ranges from $135 to $350. With this type of review, the scope can be limited to focus on only specific areas of concern. While you may be in agreement with the contract overall, you may have questions about some of the terms.

You can specify which terms you would like the attorney to address and explain. By limiting what the attorney reviews to only certain aspects of the contract, there will be fewer attorney fees. The downside is that the attorney will not be looking at the contract in its entirety. They are, therefore, not to blame if some other portion of the contract does not go well.

Medium Level Review

The estimated cost for this level of review runs between $450 and $3,000. The increase in cost is due to your need for an opinion on a particular issue. This would be something along the lines of needing to know if the contract is in compliance with state or federal law or if there is something that needs changing to prevent being sued.

An attorney may also need to know more about your business dealings as well as your preferences. This could require research and could lead to revisions of the contract.

Complex Level Review

A complex review can cost several thousand dollars. While it may be beneficial to have a complex review of a contract that will be used repeatedly, such as a service contract, a basic or medium review may be all that is needed.

The important thing to ask yourself is why you need the contract reviewed. Then, choose a level that will satisfy your needs.

Importance of Terms and Conditions

Terms and conditions are also known as terms of use or terms of service agreement. It is an agreement that is recommended to have on your website but is not required by law. Privacy policies are required by law if personal data is collected from people providing personal information to your website.

A terms of service agreement is the rules and regulations users must agree to follow to use a website or software.

Prevent Abuses

Terms and conditions serve as a legally binding contract between the website owner and its users. The terms outline the guidelines for using the website or software and what the consequences are for abusing either. One option is temporarily banning an abusive user(s).

Examples of abusive users include things such as spamming other users, posting defamatory content, using harmful language, and other negative actions.

Own Your Content

As the owner of the website, you own the design, logo, and content you create. User-generated content is usually owned by the users.

The terms and conditions can carry a clause informing users that, as the owner of the content, it is protected by international copyright laws. This is usually referred to as the Intellectual Property clause included in the Terms and Conditions.

The terms can also explain that writers are welcome to use the website and share their work and ideas, but clearly explain copyright laws as it pertains to ownership by the website.

Termination Clause

Since the terms and conditions already list the potential for temporarily banning abusive users, you can follow-up with a termination clause. The clause informs users that their abusive behavior will result in terminating the account and banning the abuser from the service.

Termination clauses are used for websites that have a registration section. The user must register before being able to use the website or access information.

Limited Liability

A limited liability clause informs users that the owner is not held responsible for errors found in published content. Nor is the owner responsible for information being:

  • Accurate
  • Complete
  • Suitable

The Governing Law

This clause refers to the jurisdiction that applies to the terms of the agreement. For example, with a website operated by a registered New York business, New York would be the governing jurisdiction for the terms and conditions posted on your website.

What Does a Terms and Conditions Lawyer Do?

A terms and conditions lawyer provides critical support in drafting, reviewing, and updating the legal agreements that govern the relationship between your business and its users or customers. Their role often includes:

  • Ensuring your terms comply with local, state, federal, and international laws (such as consumer protection regulations, data privacy laws like GDPR or CCPA, and e-commerce rules).
  • Customizing terms and conditions to fit your business model, whether you run a SaaS platform, an e-commerce store, a mobile app, or a service-based company.
  • Defining the rights and obligations of both the business and users to prevent misunderstandings or legal disputes.
  • Advising on enforceability issues, including mandatory arbitration clauses, choice of law provisions, and limitations on liability.
  • Updating existing terms to reflect regulatory changes, business expansion, or new service offerings.

Hiring a qualified terms and conditions lawyer helps ensure your agreements are legally sound, enforceable, and aligned with your business goals.

Factors That Affect the Cost of a Terms and Conditions Lawyer

The cost of hiring a terms and conditions lawyer can vary widely depending on several important factors:

  • Scope of Work: Simple template reviews are less expensive than drafting custom agreements from scratch.
  • Business Complexity: Businesses handling sensitive data, user-generated content, or international customers may require more comprehensive terms.
  • Number of Revisions: More rounds of review and revision will increase the cost.
  • Industry Type: Highly regulated industries like healthcare, finance, or online marketplaces often require specialized legal language, which can impact fees.
  • Jurisdiction: Lawyers in certain regions, such as major metropolitan areas, may charge higher rates due to market demand.
  • Experience Level of the Attorney: More experienced lawyers or firms may charge premium rates but typically provide greater expertise.

How to Choose the Right Terms and Conditions Lawyer

Selecting the right lawyer for your terms and conditions involves considering more than just price. Here are key criteria to help guide your choice:

  • Experience in Your Industry: Look for attorneys who have worked with businesses similar to yours.
  • Knowledge of Relevant Laws: Ensure the lawyer is familiar with the specific regulations that apply to your business type and location.
  • Transparent Pricing: Ask about flat fees versus hourly rates and whether revisions are included in the quote.
  • Reviews and References: Check testimonials or request client references to gauge the attorney's reputation.
  • Availability for Ongoing Support: Consider whether the lawyer offers ongoing advice and updates as laws change.

If you're unsure where to begin, you can find qualified attorneys on UpCounsel's marketplace, where only the top 5 percent of lawyers are accepted.

Frequently Asked Questions

  1. Do I really need a lawyer for terms and conditions?
    Yes, if your business collects user data, operates online, or provides services, a lawyer can help ensure your terms comply with applicable laws and reduce legal risks.
  2. Can I use a free online template for my terms and conditions?
    While free templates may work for very simple businesses, they often lack the customization needed to address specific risks, legal requirements, or industry standards.
  3. How much does it cost to have a lawyer draft terms and conditions?
    The cost typically ranges from $135 for a basic review to several thousand dollars for complex, customized agreements, depending on your business needs and the lawyer's experience.
  4. What clauses should be included in terms and conditions?
    Common clauses include Intellectual Property, Limitation of Liability, Governing Law, Dispute Resolution, Termination, and User Conduct guidelines.
  5. How often should I update my terms and conditions?
    It's a good idea to review your terms annually or whenever there is a significant change in your business operations, services, or applicable laws.

If you need help with terms and conditions lawyer, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.