Q. What happens if I do not have a signed contract with my customers, which includes terms and conditions, and we have a dispute?
A: The most important thing is to at least have terms and conditions (T&C). The lack of a signed contract is not the end of the world. If you have T&C and these have been communicated to and accepted by the customer, they should be enforceable.
The ‘click and accept’ format is commonly used – for example, by the airlines when making an online ticket reservation. So is an adequately worded reference to your T&C at the bottom of your e-mails and quotes.
DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.
Have a legal question? Ask Louis-the-Lawyer!
Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.
