Other applicable terms and conditions: Overview, definition, and example
What are other applicable terms and conditions?
Other applicable terms and conditions refer to additional rules, obligations, or policies that apply to an agreement, even if they’re not spelled out in full within the main contract. These terms are often referenced by link, attachment, or incorporation and may include items like privacy policies, service-level agreements (SLAs), or general terms posted on a website.
Why are other applicable terms and conditions important?
They allow businesses to manage contracts more efficiently by centralizing commonly used terms across multiple agreements. However, they also create a risk: if the referenced terms aren’t clear, accessible, or properly incorporated, they may not be enforceable. For counterparties, these terms can contain important details—like limitations of liability or dispute resolution clauses—that significantly affect their rights.
Understanding other applicable terms and conditions through an example
A SaaS provider signs a short-form subscription agreement with a customer that says the use of the platform is also subject to its “Terms of Service available at [URL].” Those online terms may contain critical provisions about uptime, refund policies, and legal jurisdiction. If the customer doesn’t read them—or if they change without notice—it could lead to confusion or disputes.
Example of an other applicable terms and conditions clause
Here’s how an other applicable terms and conditions clause may appear in a contract:
"This Agreement incorporates by reference the Company’s Terms of Service and Privacy Policy, as updated from time to time and available at [insert URL]. By executing this Agreement, the Customer agrees to be bound by such terms as if fully set forth herein."
Conclusion
Other applicable terms and conditions let businesses streamline agreements, but they must be used carefully. All referenced documents should be clearly identified, easily accessible, and reviewed by both parties. When drafting or signing contracts, businesses should check what outside terms are being incorporated—and how they might affect the deal.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.