Hi,
Even if you can "skip" the check of the "terms & condition" using the checkout bar ; you can skip it for the order validation.
In the last step, for the order confirmation, the checkout system call every controller of your checkout workflow.
So the "check terms" will be called and if the user did not accept it ; he will be redirected to the step which include the controller.
Regards,
Jerome - Obsidev.com
HikaMarket & HikaSerial developer / HikaShop core dev team.
Also helping the HikaShop support team when having some time or couldn't sleep.
By the way, do not send me private message, use the "contact us" form instead.