General terms and conditions 

...And always ask yourself whether you actually want to agree on what it says,.... 

Terms and Conditions: a topic no one wants to deal with, but everyone has to. They’re often seen as boring, complicated, and something to put off until later. All three assumptions are wrong! Here are five points to prove it. 

Terms and conditions are simply a contract

Not true. They seem very similar, but there’s a subtle difference. A contract—or another specific agreement—outlines the specific terms for each assignment: what you’ll do, for how much, and by when. General terms and conditions are included. It’s a reusable set of terms that you want to include in every assignment and don’t want to negotiate each time—think of payment terms and liability. You use them to supplement, for example, a contract. 

General terms and conditions are not mandatory

True. You are not required to have general terms and conditions, but they can make things a lot easier for you. The idea is that they cover everything you always want to have covered. You can lay down the agreements you want to make in your favor and thus limit your risks. You can also clarify matters that might otherwise lead to discussion. Are you working with others for a project, such as a printer, a technician or a designer? Then general terms and conditions come in handy towards them as well. 

If your terms and conditions are on your website, you're done

Not true. Terms and conditions are only valid if you refer to them and share them before the agreement is concluded—that is, with your quote or, at the latest, with the contract. A reference alone is not enough. You must also actually include the terms and conditions, either as an attachment or as a link to a version that the other party can save. A PDF works just fine.

Therefore, always put a sentence like this in your quotation or contract: “This offer/contract is subject to my terms and conditions as attached” and send them right along. 

If you send your terms and conditions too late, such as with your invoice, they don't apply. The same goes for a single reference in your e-mail signature.

Nobody reads terms and conditions so neither do I

Don't. General terms and conditions of your client are written for his benefit, not yours. Moreover, they are often written for something very different from art. A municipality sometimes uses the same terms and conditions for your installation as for an order of stationery. 

So read it. And always ask yourself if you actually want to agree to what it says, because if you sign, you are bound by it. In doubt? Have them checked. Not everything can be included in general terms and conditions and, as mentioned, general terms and conditions are not just valid. A second pair of eyes can sometimes see what you are missing.

Your client's terms and conditions: take it or leave it

Not true. Negotiation is always allowed, including general terms and conditions and even if they don't look like it. Standard contracts and terms and conditions do not exist. In the contract, or in a separate agreement, you can easily specify which parts of the terms and conditions do not apply or which agreement takes their place. So just ask.

All the propositions right? Great! If you don't have general terms and conditions yet, the Arts Association has a set ready for you. Know where to find me if you're having trouble or want to have your terms and conditions checked. Because boring or not, sometimes you have to do something with them.