Online contracts are legally binding if they contain the necessary elements, including an offer, valuable consideration, and mutual consent. Clickwrap agreements and user terms are also enforceable. It is important to read all terms carefully and print a copy for future reference.
As long as they contain the elements that form a legal agreement, online contracts are enforceable. A person who clicks a box to indicate acceptance of the terms is entering into a legal instrument that is just as binding as if the person had signed his or her name into it. For this reason, it is important that you read the terms and conditions carefully, including clicking on any hyperlinks contained in the online document, before deciding whether to accept it.
For online contracts to be enforceable, they must include an offer to purchase a product or service. The other person must either agree to purchase the item or hire someone to perform the service. To make the document enforceable online, there must be some valuable consideration. This is an amount of money paid by the buyer to the seller.
Another element that must be present to form a legal contract is a meeting of minds. The person buying a product or ordering a service and the individual or company offering to supply it must clearly indicate their intention to enter into a contract for that purpose. This concept can also be referred to as mutual consent, and each party to the contract must negotiate in good faith for it to be enforceable.
Since online contracts can be enforced, it is important for the Internet user to read all terms carefully. It is also advisable to print a copy of the agreement for future reference. All elements of the online contract are important, including any hyperlinks contained in the online document.
Some software companies may choose to use a clickwrap agreement for their online contracts. This is the electronic form of what is known as a shrink contract used by computer software companies. The idea behind this form of legal agreement is that once a customer breaks the seal on the shrink wrap on a product, the customer is deemed to have agreed to the terms.
A computer user might not think that user terms that appear when a hyperlink is clicked count as online contracts. These terms, in fact, are considered part of a contract and the Internet user has the option of accepting them by clicking on a box or typing the word “Yes” where indicated. If the individual does not do this, he cannot purchase the offered software.
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