- Overview
Day by day, technology is taking over our lives, and businesses are more and more converting from the typical local business to online businesses.
E-commerce today, and more than ever, is increasing like crazy, and every business owner is thinking about how to digitize his business. The ones who are starting are counting on online business.
- Explanation
With this being said, and since everything is conducted online, a general question arises:
Are our online contracts enforceable?
First, it is essential to clarify what is an online contract.
Simply, it is a contract that is not available on a paper copy but rather a contract entered into the internet. The Uniform Electronic Transactions Act and the Federal E-sign act prove that online contracts are enforceable.
It is crucial to mention that a person can give his consent by providing his e-signature and clicking on the accept box.
- Example of when it is needed
Since businesses are no longer restricted to a particular market, many businesses enter into agreements with people or companies hundreds of miles away. It would be hard for them to meet and sign agreements in such cases, and it would be a waste of time. Instead, with online contracts, they could sign and agree without having any problem.
Another example is online shopping. We all know that every website has its terms and conditions and that every customer should agree to its terms. Such consent is taken by accepting the box.
- Typical clause
Online contracts do not differ from regular contracts. There is no typical clause in its regard.
However, few requirements should be fulfilled, such as the consent of the person should be taken before any transaction, the person signing or agreeing to the terms of the contract should have access to a copy of the signed contract.
- Why is it important?
Since the use of online contracts is common, ensuring their legality is crucial since how would people bound themselves to agreements that are not practically legal?
In this case, people will have to enter into the typical agreements, leading to a lot of complications and time waste.
- How can a Lawyer help?
A lawyer’s job in this area is essential because although online contracts are legal, there are many exceptions to this concept.
For example, family law, adoption, and divorce contracts, court documents, termination or cancellation of utility services. In these cases, online contracts are invalid and unenforceable.
Like any other contract, the lawyer’s assistance is always required to make sure that the parties’ will are well expressed.
