If you’re surfing the internet often, you’ve likely come across clickwrap agreements without realizing they’re called as such. Clickwrap agreements appear when you’re electronically accepting forms, downloading an app to your phone, setting up an online account, etc.
They are mostly used in e-commerce, social media, software, healthcare, sales, education, and more. But what exactly are clickwrap agreements? This article will guide you on how they work, their benefits, and best practices to ensure legal validity.
What Are Clickwrap Agreements?
Clickwrap agreements are a form of electronic signature that a user can click on to express agreement. This is the quickest way to agree to company terms and conditions without being asked to input an actual eSignature.
After reading the terms of service, a user can simply click on a button that says, “I agree.” With it, the user will be granted access to whatever domain they signed up for. Clickwraps are also called click-accept, click-to-sign, and clickthrough agreements.
Others may mistake clickwraps for browsewrap agreements, which are neither the same nor interchangeable. The latter simply places the company terms and conditions at the bottom of a page.
Browse wraps are more difficult to enforce because they do not require users to click on anything to indicate agreement. In essence, clickwrap agreements are better for their legal validity.
How Does Clickwrap Agreement Work?
Clickwrap agreements make for a convenient method of gaining user consent in a matter of seconds. With just the click of a button, a company becomes authorized to enforce what is outlined in its terms and conditions.
Be that as it may, this does not automatically make clickwraps legally valid in all bounds. Improper implementation can lead to costly legal disputes. Hence, it is important that clickwrap agreements be managed and implemented by a team of experts.
Advantages of Using Clickwrap Agreements
Even without comparing it to browsewrap agreements, clickwrap contracts have legitimate advantages that make them appealing to businesses. Clickwraps greatly help companies and customers with the following key benefits:
Ease of use
One of the main advantages of using clickwrap agreements is ease of use. With this electronic signature type, you make it effortless for your customers to convey their agreement to the terms of service. Users can enjoy a product or service in an online account or app with just a click or two.
Convenience
Some company websites require users to enter alphanumeric characters to confirm they’re not robots. This is in addition to clicking a button before gaining authorized access to a product or service. With clickwrap agreements, it simply encourages the user to read the terms. After that, it would be even simpler: click the button where it says so.
Legal validity
Unlike browsewraps, clickwrap agreements can hold up more in court. The former does not require any interaction from the user. It just hopes that the user would come across the terms and policies and silently agree to them. With clickwrap agreements, simply clicking a button indicating a user’s consent is powerful enough to be legally enforceable.
Examples of Clickwrap Agreement Uses
Clickwrap agreements are the enforceable counterparts of the passive method that is browsewrap agreements. As such, clickwraps are typically used for the following:
- Downloading or installing a software
- Social media account registration
- The mere use of a website
- Disclosures and disclaimers
- A product’s free trial
Clickwrap agreements are especially and effectively used in mobile applications, software licenses, and social media networking sites. Clickwraps are also useful in the e-commerce, banking, technology, and telecommunications industries.
Having said this, clickwraps are best for high-volume contracts that require minimum user effort to agree to terms and conditions.
Best Practices for Creating Clickwrap Agreements
Clickwrap contracts and agreements only work when they are properly implemented. Below are just a few helpful practices to make clickwraps really click to your clients.
Make them simple and mobile-friendly
Readability is an important factor in web layouts. It should be simple in such a way that will make it easy for users to find the clickwrap agreement. Even the font style used should be readable and straightforward. Also, make the entire section mobile-friendly by ensuring it looks organized with no visual clutter.
Notify users when updating your clickwrap agreements
When changes are made to your agreement, it is important that users who already signed up are given proper heads-up. This will help ensure that your clients are informed of any changes and be asked again for their legal consent. This will prevent any future dispute that may arise from a failure to inform customers about any contract changes made.
Use a reliable software solution
Having something to click on to indicate consent does not automatically make a clickthrough agreement court-admissible. There must be a reliable software solution that shall make it possible for clickwraps to bear legal weight. To ensure the enforceability of your clickwrap contracts, proper implementation through an integrated software is a must.
Fill, an eSignature solution used by various industries can help streamline your contract management processes. With extremely vital features such as an audit trail, you help ensure that your contracts are protected and monitored accordingly. You can also take advantage of instant alerts to receive real-time updates on your contracts.
How You Can Use Fill for Your Clickwrap Agreement Needs
Fill is a trusted paperless tool for electronic signature use. Clickwrap agreements make for an excellent alternative to an actual eSignature that users can upload to agree to company policies. With Fill, you can make your clickwraps legally binding, 100 percent safe and secure, and compliant with international industry standards.
To guarantee the legal validity of your contracts, take advantage of Fill’s key features besides its binding electronic signature use. This includes top-of-the-line security to maintain data integrity and protect confidential client information. You can also make use of free, customizable templates and electronic forms for your business deals.
Make Your High-Level Contracts Legally Valid with Fill
Enforceability is indispensable when using clickwrap agreements for your business. With your high-level contracts, Fill is the best software solution to guarantee their utmost safety and legal validity.
Fill is equipped with military-grade data encryption, compliant with federal and international eSignature laws, and armed with unlimited cloud-based storage.
As your business needs increase, investing in a digital software solution is the cost-effective way to grow your company. You can use Fill for all your dealings and expect a return on investment with its tremendously helpful case uses.
Win more clients and contracts while streamlining your business processes to increase workforce productivity. Use Fill today and request a demo for free.
