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What are website terms and conditions? They are the terms of use that determine the rules under which visitors may use your site. They regulate matters such as permitted use, intellectual property, liability, external links, and the right to modify the terms. They are different from terms and conditions for the sale of products or services, and different from a privacy statement — although the three complement each other.
The short answer
- Website terms govern the use of the site, not a purchase or service.
- They protect your intellectual property (texts, images, logo, layout).
- They contain a disclaimer regarding the accuracy of information and liability.
- They manage the handling of external links and user contributions.
- They give you the right to change.
- They appear next to — and refer to — your privacy statement.
What exactly are general terms and conditions for the website?
In essence, what are website terms and conditions? They are a set of rules between you as the operator and every visitor. They are also known as terms of use or a website disclaimer. As soon as someone visits your site, a factual relationship is established, in which it is useful to clarify what is and isn't allowed — and who is responsible for what.
Important distinction: these are not the general terms and conditions you use for a sale or order. Sales terms and conditions govern delivery, payment, warranty, and termination of an agreement. Website terms and conditions govern the use of the site itself, even if someone does not make a purchase.
Usage and access
The usage section defines what a visitor is allowed to do with your site. Think of a prohibition on abuse, automated reading (scraping), disrupting operation, or posting unlawful content in comments or forms. You may also include provisions stating that you can deny access or block an account.
For a simple informational site, this can be concise. If your site has a login, forum, or upload function, a stronger terms of use are advisable, because visitors will then actively add content.
Intellectual property and disclaimer
Two key provisions stand out.
- Intellectual property. Texts, photos, videos, logos, and the design are protected by copyright and sometimes trademark law. The terms and conditions confirm that these rights belong to you (or your licensors) and that copying without permission is not allowed.
- Disclaimer and Liability. You acknowledge that you compile the information with care but do not guarantee its complete accuracy or currency, and that you limit your liability for damages resulting from the use of the site. Please note: under Dutch law, you cannot exclude liability for intent or willful recklessness, and additional limits apply to consumers.
External links and changes
If you refer to other websites, a linking disclaimer is useful: you have no influence on the content of those sites and accept no responsibility for it. Conversely, you often regulate the conditions under which others may link to you.
The amendment clause gives you the right to modify the terms and conditions — for example, in the event of new features or changes in legislation. State that the most recent version on the site applies and date the terms and conditions so that it is clear which version is in effect.
Relationship to the privacy statement
Website terms and conditions and privacy statement are two separate documents with their own purpose. The terms and conditions cover use, ownership, and liability. The privacy statement concerns personal data: what data you process, why, and what rights visitors have under the GDPR.
Do not mix them, but refer back and forth. Include a brief reference to the privacy statement in the terms and conditions for everything related to data processing. A cookie statement is a third, separate section.
Practical example: an SME webshop posted its terms of sale on the site and thought it was done. When a competitor copied product photos, a clear IP provision and a point of contact were missing from the terms of use — making taking action more difficult than necessary.
Honest recommendation
If you have a simple, informative site without login, uploads, or sales, you usually do not need a lawyer: a standard text covering usage, intellectual property, a disclaimer, links, changes, and a reference to your privacy statement is often sufficient. Do ensure, however, that the limitation of liability remains within legal limits.
It does become wise to have someone review the terms if your site contains accounts, user content, paid features, or sensitive information, or if you expect international visitors — in those cases, the terms become intertwined with sales law, consumer law, and the GDPR.
Want to know more or arrange it immediately: view general terms and conditions for the website, and read how to draft them yourself or have them drafted.
Frequently Asked Questions
It is the terms of use that determine the rules under which visitors may use your website. They govern permitted use, intellectual property, disclaimer and liability, external links and modifications, and refer to the privacy statement.
No. Sales terms and conditions govern delivery, payment, and warranty for a purchase or order. Website terms and conditions govern the use of the site itself, even if a visitor does not buy anything. Often, you need both.
The IP provision confirms that the copyright to texts, images, logos, and design rests with you and that copying without permission is prohibited. The protection itself follows from the law; the conditions make this explicit and easier to enforce.
No. Under Dutch law, you cannot exclude liability for intent or willful recklessness. Additional limits apply to consumers, as unreasonably onerous clauses can be annulled. Therefore, limit liability carefully within the statutory scope.
In principle, this does not apply to the content of external sites. A linking clause stipulates that you have no influence over that content and accept no responsibility for it. However, the situation may be different if you knowingly link to clearly unlawful content.
The website terms and conditions cover use, ownership, and liability. The privacy statement covers personal data under the GDPR: which data you process, why, and what rights visitors have. They are two separate documents that refer to each other.
Yes. An amendment clause grants you that right, for example in the event of new features or changed legislation. State that the most recent version on the site applies and date the terms and conditions so that it is clear which version is in effect.
