What should be in website footers? Terms, policies, disclaimers, rules or notices that appear on websites are essentially agreements between the organisation that owns the website and each user of the website (or customer). They will be binding if the organisation has done what is reasonably sufficient in order to bring the existence of each one to the attention of the visitor (or customer). There is a lot of case law on this issue. Please contact us for more information.
Wording for a website footer
We suggest that the following should be placed at the website footer of each page and should preferably be visible without having to scroll down:
[Delete those that are not relevant or amend as necessary]
Obviously the hyperlinks would take the visitor to the relevant terms or policy.
Linking to a copyright notice
Sometimes organisations like to have a link to the Copyright Notice in the footer. In our view, this does not really make sense as there is very little to say other than “© 2001-2014 [Amend years as necessary] [Insert Full Name of Organisation].” The rest is in the general terms. A visitor to the website should also be able to see the copyright notice without having to click on a link.
Acceptance of the legal notices
Included in every online order (or when a user registers on the site) should be a link to the Customer Relationship Terms with a mechanism for the customer to accept (actual acceptance is preferred) the Customer Relationship Terms. For example:
By ticking the tick box I agree to the Terms of Service
You can also add the following to your footer if you wish. It can be useful for some websites.
Last modified [insert date].