One Click

One Click Contracts: Terms and Conditions

1 Click - Terms and Conditions-16

Each week, PactSafe will discuss and post about specific standardized agreements and how they can be turned into one-click contracts. Last time, we covered Work for Hire and Intellectual Property Assignment. This week, we're focusing on Terms and Conditions: what it is, why its typical signing method isn't ideal, and how it can be turned into a one click contract on the PactSafe platform.

Related: One Click Contract: COVID-19 Return to Work Certification

What Is a One Click Contract?

A one click contract is like any other contract, but it’s presented in a way that allows the person signing it to do so by simply clicking on it. With very few exceptions, any contract can be signed with a single click on a website, from a phone, in an email — anywhere you meet your customers digitally, you can deliver a 1-click contract.

What are Terms and Conditions?

A Terms and Conditions agreement is the agreement that includes the terms, the rules and the guidelines of acceptable behavior and other useful sections to which users must agree in order to use or access your website and mobile app.

Who signs it?

Anyone who is going to be using your mobile app, website, software, or services.

How is it typically signed?

Depending on what the customer will be utilizing, it is sometimes included with the order form, presented via browsewrap (“By using our website you agree to our terms”), sign-in-wrap (“By creating an account/signing up, you agree to our terms”), or clickwrap (Checkbox stating “I agree to the terms and conditions”).

Why is this signing method not ideal?

If the company isn’t either requiring active acceptance (single-purpose button) or collecting back-end records to prove that a given user accepted a given version at a point in time, then they’re leaving themselves open to litigation.

Related: Clickwrap Litigation Trends: 2020 Report

How to turn Terms and Conditions into a 1-click Contract

How do Terms and Conditions work as a 1-click contract?

By transitioning terms and conditions to a one-click clickwrap within a workflow, you can guarantee legal acceptance of your terms and successfully prove that your users are actually agreeing to be held to those terms. This method simply requires checking a box for the user, which records a back-end record of acceptance in a third-party system.

Why do terms and conditions work better as a 1-click contract?

By turning terms and conditions into a one-click contract, you are 1) ensuring that you can hold your users accountable to those terms and 2) embedding those terms into a workflow where they will understand that they are being held to those terms (as opposed to a browsewrap, which may not give informed consent).

Is a 1-click contract legally binding?

1-click contracts are absolutely binding. Also known as “clickwraps,” courts have enforced millions of contracts accepted by a single click. PactSafe’s platform was built to help ensure 1-click contracts are created in compliance with all the best practices established in 1000’s of court cases over the past 20+ years.

Learn more about how PactSafe's platform enables one click contracts. Check out our Contactless Contract and Policy Kit

Contactless Contract and Policy Kit

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