Legal Question in Business Law in New York

Is a terms of services/user agreement necessary?

I will have a website up soon. I could generate more money for the company by selling an item I have that isn't really necessary for me to have, but I do not wish to do this.

So I want to know would I have to have terms of services up from day 1? My company will be a company that performs services mostly with 1 division having some forms of products, mostly software. Right after my 1st client I would have plenty of money to have all kinds of contracts made.

Should I not sell that item or would I need the terms of services written up from the start by a lawyer? Could I just make a simple one myself stating how it would work?

Also without selling that item I won't have enough for contracts to be drawn up for companies I plan on working with. Would a simple email from them agreeing to certain rules or splitting of profits be good enough to cover me for a month until I have real contracts drawn up?

Thank You


Asked on 12/29/04, 5:23 am

3 Answers from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Is a terms of services/user agreement necessary?

Some of my best clients came to me involved in litigation because they decided to draft their own quickie contracts without the aid of a lawyer. The amount of money they saved by not hiring a lawyer in the first place was lost many times over in legal fees involved in litigation. Now, they won't sneeze without contacting me.

My suggestion is to hire competent counsel to help you draft your terms of service & other contracts before you get up-and-running.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 12/30/04, 10:56 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Is a terms of services/user agreement necessary?

Your question is unclera if you could articulate what specifically are your concerns I would be happy to talk to you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/29/04, 9:24 am
Walter LeVine Walter D. LeVine, Esq.

Re: Is a terms of services/user agreement necessary?

I agree with Steve that your question is unclear. Your web site should have complete coverage, including any statements about what services you intend to perform and what conditions the services are subject to. If you intend to have disclaimers of liability if the services or products do not perform under all circumstances (such as if a program is incapatable with other programs, or will only work with certain programs), all of this should be spelled out as part of what you are calling your terms of service agreement. I suggest you contact an attorney who specializes in these types of documents to assist you.

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Answered on 12/29/04, 11:13 am


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