Terms Of Service vs Terms And Conditions Explained!

Many website creators these days are legally required to include Terms of Service and Terms and Conditions. These digital documentations formalize and give an insight as to what a user might expect when visiting a particular web page or their subscription with a product.

An Overview of Terms of Service and Terms & Conditions

Whenever a person engages in a website or purchase an online software or product, legal documents included within the negotiation are Terms of Service and Terms and Conditions.

A customer is subject to agree or disagree with either of both to be able complete a transaction. Primarily, there is not much difference between the two, but they are an important set of rules that an individual should abide, follow, and agree with to be able to use a certain service.

Both documents are legalities required by international law with the creation of most websites. This is why digital entrepreneurs utilize generators capable of producing these forms to be applied with their landing pages. If you are looking for references, you can find some here, for these types of software are programmed to assist you in developing both lists of terms suitable to your webpage.

In a manner, it’s what a company uses in order to protect itself from liability. The nuances may differ slightly based on the type of business that the contract is being written for, but other than that—there’s really no difference.

A Brief Comparison: Terms Of Service vs Terms and Conditions

Terms of Service Explained

Terms of Service is a legal document that is applied mostly to websites. It is like a contractual document between a service and a potential customer that a person should abide and follow.

Terms of Service are included when a client purchases online software platforms or products for their use.

Terms of Conditions Explained

Terms and conditions agreement is a page included with a website. It sets out the rights and responsibilities of anyone using the site. It effectively solidifies a contract between a website and the user.

Terms and conditions often include an explanation or definition of key terms. It outlines the legal limitations of responsibility of the website owner for any damages or harm incurred by the site’s users or visitors.

Implementation of Terms of Service and Terms and Conditions

In regards to most websites, Terms of Service and Terms of Conditions are basically the same. They all serve as a legal agreement between the business owner and user that outlines the rules regarding user behavior whether it be for a blog, mobile application and e-Commerce site.  Both electronic documents provide information on how a business operates.

Contract Law

Terms of Service and Terms and Conditions are naturally a form of contract. But both differentiate themselves from other official contracts since they prompt a user to be informed with the laws that a specific service offers. A client should be able to read them fully and understand with the complete comprehension of both documents before given access to a particular service offer.

Compatibility with Business Type

Terms Of Service and Terms of Conditions universally apply to any entity seeking these kinds of measures for protection. They often act as a disclaimer document while giving full detail with the laws that a customer should abide in accordance to the law. These legal documents are made depending on their suitability with the business an owner is marketing.

  • Terms of Service are commonly utilized by software specializing in linking different businesses.
  • Terms of Service are mostly applied with consumer software products offered mostly by online sources.
  • Terms and Conditions are legal documents where no software or applications are included but are necessary for negotiation to proceed.
  • Terms of Service and Terms and Conditions sometimes overlap for Terms Of Service can include a list of Terms and Conditions.

Elements to Include upon Creation

The creation of Terms of Service and Terms and Services are crucial to be able to launch an online marketing platform. They serve as contracts and disclaimer documents that provide the laws a customer should agree with. Digital marketers looking to make their own should include:

  • Accountability
    • Online actions
    • Behaviour
    • Conduct
  • Proper Use of Services
  • Expected Code of Conduct with Product use
  • Definition of Misuse
  • Privacy policy
    • Use of personal data
  • Payment details
    • Membership
    • Subscription
  • Opt-out policy
    •  Describe the procedure for account termination
  • Arbitration
    • Details of dispute resolution
    • Limited List of rights to take a case to court
  • Disclaimer of Limitation of Liability
    • Clarifying the site’s legal liability for damages incurred by users
  • User notification upon modification of terms if and when adjusted


There is not much distinction between the Terms of Service and Terms of Conditions. They are both legalities required by international law to be included upon the creation of a website. The two lists of terms are used by entities to safeguard their sites and form an effective contract that details the laws an online prospect should follow.