Having terms of use for internet services drafted: costs and process

Having terms of use for internet services drafted by a lawyer typically costs several hundred to well over a thousand euros, depending on the complexity of your service, and is not necessary in every situation: for a simple, free tool without paid subscriptions, you can often suffice with a text drafted yourself based on a clear checklist. However, as soon as you offer a paid subscription, process personal data of your users' customers, or commit to an SLA, legal involvement becomes valuable. Below, you can read when you can do it yourself, what it costs to have it drafted, and how the process works with a lawyer.

The short answer

• Not always necessary: ​​with a simple, free service without paid subscriptions, you can often get started yourself.
• Required: for a paid subscription, processing of customer personal data, or a committed SLA.
• Costs: typically a few hundred to well over a thousand euros, depending on complexity and customization.
• Process: intake regarding your service, a draft, a review round, and a final version.
• Lead time: usually a few days to two weeks, depending on the response speed.

Having terms of use for internet services drawn up: when necessary, when not

With a free or very simple online service without paid subscriptions, without processing of third-party personal data, and with limited interests in a dispute, you can often draft a text yourself based on a good checklist. The risks are then manageable, and the costs of legal assistance do not always outweigh the importance of the document.

As soon as your service offers a paid subscription, processes data from your users' customers, commits to a concrete SLA, or targets a larger number of users, the picture changes. In that case, the precise wording of availability, liability, price changes, and data policy determines the level of your risk in the event of a dispute, and having it drafted or reviewed by a lawyer is worth considering.

How much does it cost to have terms of use for internet services drafted?

The costs depend on a number of factors:

• Complexity of the service: a simple platform with a single subscription type costs less than a service with multiple packages and integrations.
• Processing of personal data: if you also require a data processing agreement pursuant to Article 28 of the GDPR, a separate item will be added.
• Degree of customization: a text fully tailored to your service costs more than adapting an existing template.
• Room for negotiation: if large corporate clients set their own requirements regarding the terms, this requires additional coordination.

When requesting a quote, always ask for a fixed price for the drafting, so that you are not surprised by hours mounting during the coordination.

How does the process with a lawyer work?

A typical process consists of the following steps:

1. Intake: you discuss your service, the subscription types, the target uptime, and how you handle data.
2. Draft: the legal expert prepares a first draft covering core topics such as availability, accounts, fair use, term, and termination.
3. Review round: you provide feedback and the text is tailored to your practice, for example to the actual cancellation procedure on your platform.
4. Alignment with GDPR documents: where necessary, the text is aligned with a separate data processing agreement pursuant to Article 28 of the GDPR.
5. Delivery: you receive the final text, ready to present upon registration with verifiable approval.

Ensure that you publish the terms and conditions in such a way that the requirements for provision are met. Article 6:234 of the Dutch Civil Code requires a reasonable opportunity to take notice before the user agrees, and Article 6:233 of the Dutch Civil Code renders an unreasonably onerous clause voidable, even if the user has formally accepted it.

A practical example

A practical example. An entrepreneur with an online booking platform for small service providers had adopted the terms of use from a similar foreign service provider. When a business client had a dispute regarding the notice period, it turned out that the text was based on American law and lacked a provision on data portability that aligned with the Dutch situation. After having a custom text drafted containing a concrete notice period, a Dutch limitation of liability, and a clear data export period, the next cancellation was handled within a day without dispute.

Honest recommendation

If you have a small, free service without paid subscriptions and without processing third-party data, you do not necessarily need to have it drafted. A self-written text based on a good checklist of core topics is often sufficient, as long as you present that text to the user in a timely and verifiable manner.

If you offer a paid subscription, process personal data of your users' customers, or commit to an SLA, having it drafted or reviewed by a lawyer is worthwhile. The costs are generally limited in proportion to the risk of an unclear price change clause, a missing data arrangement, or a limitation of liability that does not hold up in a dispute.

Want to know more or need help? Check out our page on terms of use for internet services, first read what terms of use for internet services are and see which clauses belong in them when drafting terms of use for internet services.

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