4 Simple Words to Make Your Contract More Customer-Friendly
🔥 Yes But No Unless 🔥
When you write a clause, you have a choice:
You can use Yes + But.
Or you can use No + Unless.
Your choice can help you create a more customer-friendly contract.
Here's how it works:
👉 If a clause gives the Customer the right to do something, use Yes + But.
👉 If a clause gives the Vendor the right to do something, use No + Unless.
Here are some examples:
Can the Customer dispute invoices?
✔ [YES] Customer may dispute an invoice BUT must notify Vendor within 30 days.
❌ [NO] Customer may not dispute an invoice UNLESS Customer notifies the Vendor within 30 days.
Of course, you don't need to actually include the words "yes" or "no." But thinking in terms of Yes or No sets you up to write a customer-friendly clause.
Here is another example:
Can the Customer terminate for convenience?
✔ [YES] Customer may terminate for convenience BUT must pay all amounts due.
❌ [NO] Customer may not terminate for convenience UNLESS Customer has paid all amounts due.
The Yes+But structure is more customer-friendly because it grants a right to the Customer and then qualifies it.
On the other hand, the No+Unless structure is less customer-friendly because it denies the Customer the right unless certain conditions are met.
But wait...there's more!
You should do the opposite for clauses dealing with the Vendor's rights. For the Vendor, use No+Unless.
Here's an example:
Can the Vendor subcontract the services?
✔[NO] Vendor may not subcontract the services UNLESS Customer gives prior written approval.
❌ [YES] Vendor may subcontract the services, BUT Customer must give prior written approval.
Rather than granting the Vendor a right and then qualifying it, it is more customer-friendly to deny the Vendor the right unless certain conditions are met.
Here's another example:
Can the Vendor increase fees on autorenewal?
✔ [NO] Vendor may not increase fees UNLESS Vendor gives Customer 30 days' prior written notice.
❌ [YES] Vendor may increase fees BUT Vendor must give Customer 30 days' prior written notice.
So now we know how Yes But No Unless can help us make our contracts more customer-friendly.
Do you use any similar techniques?