Terms and conditions for an online community or forum

An online community publishes what its members write, and the law now regulates that. The terms have to set conduct rules and give the moderators authority, take a licence over user content so it can be displayed, deal with illegal content and the duties that now attach to hosting it, set age limits, and provide a complaints route and a way to suspend and remove members. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Online communities, forums, discussion boards and member platforms in England and Wales run as businesses or by businesses around a product, a profession or an interest, free or with membership fees, hosting posts, messages and files from users.

What matters in community terms

Conduct rules and moderation

The terms should set the rules of the community (respect, no harassment, no unlawful or infringing content, no spam or unauthorised promotion, no sharing of others' private information), say that moderators may remove content and restrict members at their discretion, that decisions are the community's, and that members may not use the platform to breach the law. Rules that are in the terms are enforceable; rules that are in a pinned post are advice.

User content and the licence you need

Members own what they write, and the platform needs a licence to display it, and the terms should grant the platform a non-exclusive licence to host, display, reproduce and adapt user content for the purposes of the service, say that members warrant their content is theirs to post and does not infringe others' rights under the Copyright, Designs and Patents Act 1988, and what happens to content when a member leaves (it remains, or is anonymised, as the terms say).

Illegal content and online safety duties

A service that hosts user content and allows users to interact may have duties under the Online Safety Act 2023 to assess risks, to act against illegal content and to provide reporting and complaints tools, depending on its size and nature. The terms should say that illegal content is removed and reported, that members can report content, and how complaints about moderation are handled, and the platform should check which duties apply to it.

Age limits, safety and data

The terms should state the minimum age for membership, that the platform is not designed for children unless it is, and where children may use it, that the age-appropriate design code under section 123 of the Data Protection Act 2018 and the UK GDPR require particular care reflected in the privacy notice. Members' profiles, posts and messages are personal data, and the terms should say what is public, what is private and how members can delete their accounts. Direct messages between members are the members' responsibility within the rules.

Suspension, fees and liability

The terms should give the platform the right to suspend or remove members for breach, immediately for serious breach, and to close the community with notice. Where membership fees are charged, the subscription must be clear at joining with a cancellation route, and no refund follows removal for breach. Liability should be limited to the fees paid, with the platform not liable for members' content except where it fails to act on notice, which is where the hosting defence in regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 and the website operator's defence in section 5 of the Defamation Act 2013 both depend on prompt action, 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 member posted something defamatory about a company. What should we do?

Act on the complaint: assess it, remove the post if the terms and the rules require, and keep a record. The terms should let moderators remove content at their discretion and say that members are responsible for what they post.

Do the online safety rules apply to a small forum?

Some duties apply to services that host user content and allow interaction, scaled to size and risk, and the platform should check which apply to it. The terms should at least provide reporting and complaints routes and say that illegal content is removed.

Can we keep a member's posts after they leave?

If the terms say content remains available after a member leaves, or is anonymised, yes, under the licence the member granted. Say which it is, and honour deletion requests for personal data as the privacy notice provides.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a membership site
• Terms and conditions for an online marketplace connecting buyers and sellers

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.