Terms and conditions for a classified ads website

A classified ads site introduces strangers and then steps back while they deal with each other, and both of them expect the site to resolve matters when things go wrong. The terms have to say what the site is and is not, distinguish private advertisers from businesses, run listing fees and content rules, deal with scams and prohibited items, and meet the duties that now attach to hosting what users post. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Classified advertising websites, listing sites and noticeboard platforms in England and Wales for goods, vehicles, property, jobs or services, free or with listing fees, where buyers and sellers deal with each other directly rather than through the site.

What matters in classified ads terms

The site is a venue, not a party

The terms should say that the site publishes advertisements placed by users, that any sale, hire or arrangement is between the advertiser and the respondent, that the site is not a party, does not vet advertisers or items beyond what it states, and gives no warranty about anything advertised. Where the site does more, such as verifying advertisers or holding payments, the terms should say what and on what conditions.

Private advertisers, business advertisers and the law

Consumers who buy from a business have rights they do not have against a private seller, and respondents need to know which they are dealing with. The terms should require advertisers to state whether they advertise as a business, require business advertisers to comply with consumer law including the information the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require, and allow the site to reclassify or remove listings that misstate the position; where business advertisers use the site to reach consumers, the assimilated Regulation (EU) 2019/1150 also requires the terms applied to them to be plain and intelligible with notice of changes.

Listings, fees and content

The terms should set the rules for listings (accurate descriptions, the advertiser's own photographs or ones they may use, one item per listing, no misleading pricing), the fees for listing and promotion and when they are non-refundable, and the licence the site needs to display, edit for format and promote the listing content, with the advertiser warranting the content is theirs to post under the Copyright, Designs and Patents Act 1988. Listing fees are payable in advance and are not refunded because an item did not sell.

Prohibited items, scams and reporting

The terms should list prohibited items and services (illegal goods, weapons, counterfeits, animals where restricted, and whatever the site chooses to exclude), warn users about common scams and say that the site is not responsible for losses in transactions between users, and provide a reporting tool with a commitment to review and remove. A service that hosts user content and lets users interact may have duties under the Online Safety Act 2023, and the terms should say that illegal content is removed and reported.

Accounts, data and liability

Accounts are personal, may be suspended or closed for breach, and the terms should say so. The site holds users' details and messages and is a controller of that data under the UK GDPR and the Data Protection Act 2018; advertisers who receive respondents' details are responsible for how they use them. Liability should be limited to the fees the user paid, with the site not liable for users' conduct or transactions except where it fails to act on notice, the point on which the hosting defence in regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 turns, and the limits not applied against a consumer's statutory rights under the Consumer Rights Act 2015.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

A buyer paid an advertiser who disappeared. Are we liable?

If the terms say transactions are between users, that the site is not a party and does not vet advertisers, and that users are warned about scams, no. Remove the listing, close the account, and help the buyer with what you know if the police ask.

A business is advertising as a private seller to avoid returns. What can we do?

The terms should require advertisers to state their status and allow the site to reclassify or remove listings that misstate it. Reclassify the listing and require the advertiser to comply with consumer law or leave.

Do we have to refund a listing fee when the item does not sell?

Not if the terms say listing fees buy the listing for its period and are not refunded because an item did not sell. Say it at the point of payment.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for an online marketplace connecting buyers and sellers
• Website terms of use for a business website

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.