Getting AI-drafted terms and conditions checked

Terms and conditions produced with an AI drafting tool read fluently and cover the usual headings: orders, payment, delivery, cancellation, liability, complaints. Whether they are enforceable in England and Wales depends on whether they respect the statutory rights of consumers, which cannot be excluded, cite legislation that is still in force, and deal with the obligations particular to the business's trade. I review the terms against English law and the way the business sells, and return them marked up with tracked changes, a clean copy and a written explanation of the changes, for a fixed fee of £495 in three working days.

Who this is for

Businesses in England and Wales that have drafted customer-facing or supplier-facing terms and conditions using an AI tool, for goods, services or digital content sold to consumers, to businesses or to both, and want them checked and corrected before they are published or sent. The review is of the client's own document.

What the review checks in AI-drafted terms and conditions

The consumer rights the terms cannot exclude

Where the customers are consumers, the terms cannot exclude the rights in the Consumer Rights Act 2015: goods of satisfactory quality, fit for purpose and as described, the short-term right to reject under section 22, services performed with reasonable care and skill under section 49, digital content of satisfactory quality under section 34, and the exclusion of liability for a service being limited to no less than the price under section 57. An AI draft may limit warranties, exclude refunds or impose restocking charges that cut across those rights, and terms that do so are unenforceable and can be treated as unfair under section 62. The review brings the terms within the Act.

Cancellation, information and the pre-contract duties

For contracts made online, by phone or away from the business's premises, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give the consumer a 14-day right to cancel under regulation 29, subject to the exclusions in regulation 28, with a refund within 14 days under regulation 34 and specific rules for services started in the period under regulation 36. An AI draft may cite a fixed 'cooling-off' period without the express request and acknowledgement mechanics, omit the model cancellation form, or apply the right to sales the Regulations exclude. The review adds the information the Regulations require and the procedure that makes it work.

Repealed, foreign and invented legislation

An AI draft may refer to legislation that has been repealed or does not apply: the Consumer Protection (Distance Selling) Regulations 2000, the Unfair Terms in Consumer Contracts Regulations 1999, the Data Protection Act 1998, the revoked 2015 consumer dispute resolution regulations in place of section 308 of the Digital Markets, Competition and Consumers Act 2024, US consumer statutes, or 'GDPR' without the UK GDPR and the Data Protection Act 2018. The review corrects every citation to the provision in force, since a term that refers customers to a repealed instrument misstates their rights and undermines the terms' credibility.

Liability, exclusions and the business customer

For business customers, exclusions of liability in the business's standard terms are subject to the reasonableness test in section 3 of the Unfair Contract Terms Act 1977, and no term can exclude liability for death or personal injury caused by negligence under section 2. An AI draft may exclude all liability, exclude consequential loss in words that do not exclude the losses intended, or cap liability at a figure unrelated to the contract. The review drafts a cap and exclusions that are likely to survive the test, with the mandatory carve-outs, and a separate consumer version where the business sells to both.

Payment, interest, cancellation charges and deposits

Payment terms in an AI draft may set interest at rates and charge administration fees that are penalties, and cancellation charges that do not meet the rule in Cavendish Square Holding BV v Makdessi [2015] UKSC 67. Between businesses the Late Payment of Commercial Debts (Interest) Act 1998 sets statutory interest and fixed compensation, and a contractual interest term displaces it only if it is a substantial remedy; for consumers, a term keeping the whole prepayment on cancellation is on the grey list in Schedule 2 to the Consumer Rights Act 2015. The review drafts payment, deposit and cancellation terms that hold.

The obligations the business's own trade adds

Generic terms can omit what the trade requires: the information a service provider must make available under regulation 8 of the Provision of Services Regulations 2009, the company details required by section 82 of the Companies Act 2006, the ordering steps and acknowledgement required by regulation 9 of the Electronic Commerce (EC Directive) Regulations 2002, and the licensing, safety, deposit or cancellation rules of the business's own sector. The review adds the terms the trade needs and removes the ones written for a business the client is not.

What it costs

Review of an AI-drafted contract, £495. One contract, returned as a marked-up Word document with my amendments as tracked changes, a clean version with the changes accepted, and a written explanation of the changes. Three working days from payment.

Buying online forms the engagement on payment. The scope is what the review of an ai-drafted contract 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

• Your own Word document returned with every amendment I consider necessary shown as a tracked change, so you can see exactly what I changed and accept or reject each one
• A clean version with every change accepted, ready to send
• Corrections to anything that is wrong as a matter of English law, unenforceable as drafted, or internally inconsistent
• Missing provisions added where the document has left a gap that matters: usually liability, termination, payment, intellectual property or data
• Comments in the margin where a clause is a commercial choice rather than a legal one, so the decision stays yours
• A written explanation of what I have changed and why, by email or as an attachment if it is lengthy, with anything you should think about before sending it out
• Follow-up questions on the mark-up answered by email, included

What is not included

• A full rewrite. This is a review and amendment of your document, not a replacement for it. If the draft is structurally unsuitable for the deal, I will say so and quote separately for drafting it properly
• A second round of amendments after you have changed the document again, which I can quote for
• Negotiating with the other side
• Advice on the law of any jurisdiction other than England and Wales
• Tax, accounting or regulatory advice
• Reviewing a document the other side drafted, which is the contract review service, at the same price

Questions I am often asked

Our AI-drafted terms say all sales are final. Is that enforceable against consumers?

Not for goods that are faulty, not as described or unfit for purpose, where the Consumer Rights Act 2015 gives a right to reject, and not for distance sales within the 14-day cancellation period unless an exclusion applies. The review replaces the term with one that states the position the law allows.

The draft cites the Distance Selling Regulations. Does that matter?

Those Regulations were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so the term misstates the customer's rights. The review corrects every citation to the provision in force and adds the cancellation information the current Regulations require.

We sell to businesses and consumers. Can one set of AI-drafted terms cover both?

One document can, with a consumer section and a business section, because the rules differ: consumer rights cannot be excluded, while business terms can limit liability within the Unfair Contract Terms Act 1977. The review restructures the draft that way.

Related guidance and services

• Review of an AI-drafted contract, £495, the service this page describes
• Terms and conditions drafting, £995
• Getting AI-drafted website terms checked
• Getting an AI-drafted privacy policy checked

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.