Every week, PactSafe will discuss and post about specific standardized agreements and how they can be turned into one-click contracts. Last week, we featured the COVID-19 Return to Work Daily Certification Form. This week, we're focusing on Terms of Service: what it is, why its typically signing method isn't ideal, and how it can be turned into one click contracts on the PactSafe platform.
What is a 1-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.
Who signs it?
Terms of Service is typically agreed to by a customer, site user, app user, etc.
How is it typically signed?
They are typically not signed, but instead displayed with a browse-wrap agreement.
Why is this signing method not ideal?
Browsewraps are bad. They aren’t generally enforceable, as the user isn’t required to take any sort of action to agree to the terms.
In fact, most browsewrap hyperlinks are located at the bottom of the screen with nothing calling attention to them, so users aren’t even aware they exist. You can’t bind someone to an agreement they don’t have sufficient notice of.
How to turn Terms of Service (ToS) into a 1-click contract
How do ToS work as a 1-click contract?
Terms of Service are usually standardized, so they are perfect candidate for 1 click acceptance. There is no need to click or fill anything else out.
Why do ToS work better as a 1-click contract?
By adding a click you greatly increase the chance of enforcement.
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.