First, it is common for standard agreements found on the Internet to contain boilerplate language that provide inadequate protection for the provider of the goods or services. For example, a sample contract found online may include a poorly written limitation of liability clause (LOL) that does not reasonably cap the business’ liability or comply with local laws, thus rendering them unenforceable. Furthermore, the online agreement may not include an exclusion of implied and express warranties clause even though your State may consider the inclusion of such a clause enforceable. The online agreement also may not include an adequate mechanism to suspend services for non-payment or an indemnification clause that protects your company in the event your customer causes loss. Forgoing the insertion of these clauses into your customer agreement may weaken the protection a service or goods provider receives and ultimately lead to losses, non-payment, customer confusion or worse.
To avoid these potential downfalls, it is advised that businesses seek the counsel of an experienced attorney who can draft an enforceable, well-tailored customer agreement that meets the specific needs of your company. These agreements aren’t as expensive as many small business owners think, and may be used again and again for all of your customers. And, they may ultimately result in higher revenue, less conflict and better results. Contact us today to have one of our experienced business attorneys review your current business agreements to make sure your company is receiving the maximum protection possible.