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Paralegals spend a lot of time drafting legal documents. And while this is only a small part of your job, it’s a task that takes up most of your time. But using clickwrap agreements to manage this specific aspect of your job can free up time to spend on your many other tasks.
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Using clickwrap agreements, paralegals can take advantage of the one-click nature of contracts. Rather than constantly redrafting common terms that your legal team sends out regularly, you can adapt the acceptance mindset and clickwrap contracts to more efficiently create, execute, store, and enforce all your agreements. After all, your organization’s work is only as good as its terms.
So, how does clickwrap help paralegals like you do all these things with your contracts?
As a legal professional, you know evidence is a big deal. And when it comes to digital terms, back-end records of acceptance are a must-have for ensuring your contracts stay legally enforceable. Clickwrap agreements help you establish one-click acceptance methods that can be tracked at a granular level of detail – giving you specific back-end records should someone take your company to court.
For most organizations, this is a tremendous contract automation competitive advantage because it gives them data they’ve never been able to track. Over the past year, only 24% of businesses have been able to provide back-end acceptance records that sufficiently prove users agreed to their terms. And, in 65% of these courtroom battles, the capability to track individual acceptance records helped them successfully enforce their online terms.
But, these records needed to showcase specificity and a high level of detail to be successful. Clickwrap delivers this ability by tracking the identity of a user, when they agreed to your terms, which version of the agreement they signed, and more.
In Tanis v. Southwest, back-end records proved user acceptance to the court – allowing Southwest to successfully enforce its terms. Through clickwrap, the organization was able to show that employees accepted its agreement by checking a box that affirmed their acceptance and created an electronic record that included the user’s name, employee ID number, and the date and time at which the agreement was executed.
Similarly, Holley v. Bitesquad.com was by back-end records that proved the plaintiff affirmatively accepted the company’s terms. Its clickwrap solution created acceptance records and an audit trail that included the specific email address its employment packet was sent to, the time at which it was sent, when it was viewed, and when it was signed by the user.
Maintaining accurate and detailed acceptance records is the most effective way to ensure your online agreements are legally enforceable. Clickwrap helps you create a seamless acceptance experience to prove who agrees to your terms, when they agree to your terms, and which version of terms they agree to in court. This is a significantly more efficient process than having to dig through filing cabinets and CLM systems to locate individual records of acceptance.
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You can’t enforce a contract that your customers and clients can’t find (and therefore can't accept). Now more than ever, an online agreement must be centrally located and accessible to users – and clickwrap contract automation for legal makes it possible to present an agreement and acceptance method on the same screen.
If your agreement is hard to find, it’s probably even harder to use. But that also means a court likely won’t consider your users to have been put on notice. And any company or law firm trying to use shady methods or hard-to-find terms will have a tough time trying to make their case in court.
Clickwrap presents your agreements to the viewer clearly, plainly, and comprehensively. Using a legal Content Management System (CMS) in tandem with clickwrap is an excellent way to ensure that your terms are in one central location that is easy for customers and clients to navigate to. It provides convenient, centralized access to your library of legal agreements to help you determine which terms apply to specific users – making it easier to put users on notice and legally enforce your terms.
As your terms and agreements change, updates are an inevitable reality. So, do you have the ability to manage these changes independently and push updates to your users? Because clickwrap gives contract automation for legal this competitive advantage.
You also need to be able to collect acceptance of every user that agrees to updated terms and contract versions. Using a standard CMS makes it nearly impossible to track and keep up with these changes in real-time.
For online marketplaces operating without clickwrap agreements, the massive volume of digital transactions can create trouble when it comes time to defend their terms in the courtroom. Clickwrap, on the other hand, helps you easily track individualized records of acceptance – the key to legal enforceability of your contracts.
Contract automation for legal needs clickwrap to create competitive advantages. Equipped with a one-click contract solution, your shoppers experience the quick, convenient transactions they’ve come to expect – and your team is given the most legally enforceable digital agreement option possible.
For more ways paralegals can benefit fro clickwrap agreements, check out our eBook, 101 Ways to Use Clickwrap.