TOS and similar agreements are
U0B5, meaning on the user-business ranking they seldom serve the user, but are very important for the business (more).
Allow me to tell you a real story related to my previous flat.
- We have signed a tenancy agreement and the agency had a signed copy of it. But we were never given a copy.
- One day an estate agent came to announce that the landlord is putting the flat on the market, and we can leave whenever we want so long we give a month notice.
- A few months later, we found a new place and signed with the new landlord so we move in a month.
- The same day we served the agency with a notice.
- The agency replied saying that per our contract we need to give 2 months notice (thus will have to pay an extra month of overlapping rent, which in London could buy you 2 ford fiestas).
- We claimed that the agent told us 1 month (a binding verbal agreement) and since we had no copy of the agreement, we had no way of knowing about the 2 months clause.
- We won.
The broadband provider
- After being told the flat is on the market, we have changed our broadband provider.
- Before signing, I explicitly mentioned that we are likely to move house soon, and asked whether any fees will be involved. The answer that was given to me over the phone was 'no'.
- The T&C were never sent to us - they were always available on the provider website, but websites change.
- When we called the provider to say we're moving home, they've asked for £100 moving fee.
- The problem was that it was down to my recollection of the call, but equally, the T&C were never sent to us. So neither sides had a hard proof.
- After a long dispute, we have left the provider with no extra charge.
Businesses have to ensure users have a copy of the TOS/T&C/EULA so disputes as the ones described above can be solve with a clear-cut "You had the agreement, you've signed/confirmed it, feel free to take us to court, but we will win".