We constantly sing clickwrap agreements praises for their ease of use and enforceability, but not all clickwrap agreements are created equal. There are some best practices you need to use to create truly enforceable clickwrap agreements—here they are boiled down to five key considerations.
The click-through agreement—there is little denying that it has become ubiquitous with our daily lives and a fundamental part of doing business. And for good reason—people expect transactions to happen fast, sometimes instantly, especially in the eCommerce, SaaS and mobile app worlds. Slowing things down for contracts isn't an option, so businesses use click-throughs to inject contracts seamlessly into their checkout flows, registration forms, and other moments of electronic engagement.
SaaS companies rely on contracts for recurring revenue. They’re one of the first and most important interactions you’ll have with a customer. They're also a great opportunity to show what they can expect from you in the future. Make it count.
How many times have you clicked, “I’ve read and agree to the terms and conditions,” without actually reading them? If you’re like most people it’s probably easier to ask if you’ve ever read them. Free wi-fi at the airport? Sure, “I agree.” Now let me check Snapchat without using my precious data.
Risk versus efficiency.
It's the tension mounted between the legal team and the rest of the organization since the beginning of time -- and it'll exist long into the future. Or perhaps, it won't.
Basically every commercial website you stumble upon these days will present you with some form of click-through agreement upon registration. Whether this be creating a new social media account or signing up for a daily newsletter from your favorite website, chances are you will probably have to click some sort of “I Accept” button before continuing on. Clicking that button is just as legally enforceable as putting pen to paper, but it’s a LOT more efficient. Here’s how:
No matter how awesome your product or service is, you’re going to run into trouble if you aren’t checking your online legal terms. Luckily, this isn’t as difficult as it sounds. You’re probably familiar with those clickable terms of service boxes you are presented with when you first become a user. These clickwrap agreements use a button labeled “I agree” instead of a traditional ink and paper signature, but they are still just as legally enforceable.
Gone are the days of mailing and remailing contracts, and we could not be more thrilled. Written contracts can often be time-consuming and complex, and honestly just a big pain. Luckily, eSignatures have come to save the day! Contracts don’t necessarily need the typical ink-to-paper form of signing anymore, yet some companies have not taken advantage of all that eSignatures and clickwraps have to offer. In this blog we will outline some contract-signing practices that have yet to completely fall to the wayside (but hopefully will soon).
Getting customers to sign your contracts can be as easy as sending an email when tracking acceptance through submitting a mobile-friendly click through agreement.
Similar to using a clickwrap for signing contracts, clicking or tapping through an agreement in order to sign can also be used in the same way to gain customers acceptance to your website.