General Terms and Conditions (GTC) are far more than just a compulsory program. They are a real opportunity to create clarity and trust – for all parties involved. Done correctly, they can simplify processes, reduce risks and strengthen collaboration in the long term. The best thing about them? They can be designed to suit your own business model.
1. Individual GTC instead of copy-paste – focus on your business model
Online templates are easy to find – and often a good starting point. But as useful as they may be as inspiration, they are no substitute for examining your own business model. This is precisely the basis for effective and comprehensible general terms and conditions.
How does your business actually work? Who are your customers, how are contracts with your clients concluded, what services do you offer? These questions are the key to effective, understandable and practical GTCs. After all, every business model is unique - and that is exactly what the GTCs should reflect.
Our experience shows: The better the GTCs match reality, the clearer the communication – and the greater the legal certainty.
2. Structure creates overview and trust
GTCs can and should be understandable, clear and user-friendly. It makes sense to structure the GTCs in such a way that your customers can find their way around quickly – and you can keep the overview.
A proven model:
- General part – which applies to all services regardless of the service (e.g. taxes, payment methods, etc.)
- Service-specific sections – e.g. software development, training, sale of physical products, each with its own provisions
- Final provisions – e.g. clause on how the GTC can be amended, clause on the place of jurisdiction and applicable law, etc.
Such a structure helps enormously, especially for companies with several types of services or product lines. Not only does it show professionalism, but it also helps your customers to quickly grasp the essentials.
3. These points should always be considered
Some clauses should not be missing in any GTC:
- Formal requirements: Not only for amendments, but also for the conclusion of the contract itself. When is a contract deemed to have been concluded? What does written form mean? Regarding this topic we also recommend our blog post Signing contracts (digitally) correctly.
- Applicable law and place of jurisdiction: Provides security in the event of a dispute.
- Provision of the service by third parties (subcontracting): Permissible? If so, under what conditions?
- Transfer of rights and obligations: May rights and obligations be transferred to other parties?
- Changes to the GTC: How are they communicated? Is a special right of termination granted?
These elements ensure reliability – and prevent discussions afterwards.
4. GTC control: Clarity protects against surprises
In Switzerland, GTCs are subject to judicial review in the event of a dispute, especially if they are used towards consumers. Two central principles apply:
- Unusuality rule: Clauses that customers should not reasonably expect are not binding if they have not been specifically emphasized.
- Rule of ambiguity: Unclear formulations are interpreted to the detriment of the author.
This means that anyone who overloads their GTCs, inflates them legally or builds in creative gray areas risks the opposite of security in the end.
The solution? Phrase clearly, transparently and comprehensibly. And in the case of unusual provisions, work with a clear reference in the contract conclusion process (e.g. "Please note in particular...").
5. Timing
Timing is everything. GTCs are only effective if they are included at the right time – i.e. during onboarding, when placing an order, in the offer or during registration. It is important that your customers have the opportunity to deal with them or view them before they conclude any agreement.
6. Language: phrase comprehensibly
You can also recognize good GTCs by the fact that you understand them – without a degree in law. The more comprehensibly the GTCs are phrased, the more likely they are to be accepted – and that’s a win-win situation for everyone involved.
Specifically, this means:
- Short sentences instead of convoluted paragraphs
- Clear terms instead of legal jargon
- Define terms whenever necessary (e.g. "hereinafter referred to as "xy")
- A consistent, friendly, professional tone
7. GTCs as a dynamic part of your business
GTCs are not a document that is written once and remains fixed for all time. On the contrary: they should evolve with your company. New services, new target groups, new legal framework conditions – all of this can and should be reflected in your GTCs.
A regular review is particularly worthwhile in dynamic business models: Do these terms still fit in with our process? Have we developed new tools, new countries, new markets since the last update? Is there any feedback from customers that indicates difficulties in understanding?
Internal changes can also make it necessary to update the terms and conditions – for example, new departments, changes to onboarding, support or billing processes. Or simply the realization that an earlier clause has proven to be impractical in practice.
Our recommendation: Don't see your GTCs as a rigid construct, but as part of your entrepreneurial foundation that grows with you and needs to be maintained. Regularly reviewing your GTCs and adapting them as necessary ensures continuity, clarity and security – not only legally, but also operationally.
Conclusion: GTC are a business tool
GTCs are often underestimated all-rounders: they bring structure to your services, create fairness, prevent disputes – and show your customers that you take your business seriously.
With well thought-out GTCs, you don't just have another legal document – you have a strong foundation for a trusting customer relationship.
