Tips For Writing Contracts And T&cs
1. Provide an up-front summary
1. Provide an up-front summary
Most readers are not interested in a lot of the detail, and they dont want to have to trawl through lengthy terms and conditions in order to understand their key features or revisions.
Summarise what the core contract features or terms are, and list them as concisely as possible. Provide this at the beginning of your document in an Up-front summary to get the reader started. If the reader wants more background on something, you can signpost them to where each item is explained in more detail in the full-length version.
Legal contract experts often dont like this but if the summary is followed by the detail version, and if it clearly states that the summary does not constitute the contract, this should be achievable.
2. Use plain words and explain complex words or expressions
Avoid using jargon use the every day words that your readers would use. Read your contract out loud, and if any words or phrases sound pompous or use inappropriate difficult phrasing, develop a version using plainer words. For example, in conversation, you wouldnt say This contract commences youd say This contract starts, and instead of The law provides that youd say The law says.
Sometimes, however, T&Cs demand the use of words for which there might not be a plain alternative. Or legal requirements dictate that a specific word or phrase be used. Third party is difficult to avoid for example, as is annuity. In this case, provide an explanation either in the running text or in a separate glossary in a margin, or at the end of the document.
3. Write concise sentences
Use just as many words as you need and try to avoid using any more. For example, Your attention is drawn to clause 5 paragraph 2 would be better expressed as See clause 5 paragraph 2. After drafting your contract or T&Cs, do a first thorough read-through to check specifically for any redundant words.
4. Use vertical lists
Contracts and T&Cs often contain long lists of things a reader must do or not do for contracts to be valid. If expressed in long sentences, readers get lost in the complexity and commas. Vertical lists make them easier to understand.
For example: At all times we must have access to install, repair or replace your meter, read, test, or inspect the meter, cut-off or reconnect your supply. Is better presented as:
At all times we must have access to:
- install, repair or replace your meter,
- read, test, or inspect your meter,
- cut-off or reconnect your supply.
5. Use a system to reflect the contents structure and hierarchy
Consider how your text is best divided up into major parts and sections. Use large and/or bold section titles to structure the text whilst also visually signposting readers to how the content is divided. The more complex the text, the more levels of heading it will need but dont be tempted to use more than 3 or 4 heading levels. Any more and readers just lose track of where they are.
Consider using decimally numbered paragraphs and headings if you want readers to be able to refer (and cross refer) to specific content. Dont go beyond three levels: 1.5.17, for example.
Few customers will enjoy reading contract documents and terms and conditions, but you can make their life easier by using clear, approachable language throughout your documentation. Consider the points above to help improve your customer communications and encourage faster responses.
by: Andrew Boag
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