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What are the elements of a contract? In order to have a valid contract in North Carolina, there must be an offer, an acceptance, along with consideration. The parties must also have the capacity to enter into the contract.
Websites are not required to post terms and conditions and there are still some websites that do not do so. However, there are mandatory disclosures that apply to particular type of transactions, whether web-based or not.
While terms are generally not legally required (like the privacy policy), it is essential for protecting your interests as a business owner.
Terms and conditions are part of a that ensure parties understand their contractual rights and obligations. Parties draft them into a legal contract, also called a legal agreement, in accordance with local, state, and federal contract laws. They set important boundaries that all contract principals must uphold.
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Your website terms and conditions should cover:ownership and copyright of the website's content.acceptable and unacceptable use of the website and content.registration, password and security procedures.availability of the website.use of cookies.links to other websites.More items...
Terms and conditions are not required by any state or federal laws, but having them is a best business practice. Terms and conditions can help you in the event of a legal dispute or copyright claim, as they are a legally binding agreement.
By statute, North Carolina allows one party to delegate- or assign- its obligations to perform some service under a contract to another party unless the contract prohibits assignment, or unless the non-assigning party has some substantial interest in having the originally obligated party perform the work themselves.
The Three Elements of an Enforceable Business ContractThe Offer. The first element of a valid contract is an offer.The Acceptance. When an offer is made by one party, the offer must be accepted by the other party for the contract to be valid.Consideration.
Are Terms and Conditions Legally Binding If Not Signed? Terms and Conditions don't have to be "signed" in order to be legally binding. However, there has to be some evidence that the customer has accepted the Terms and Conditions.