Contracts

[snfalcao]

Hey.

We're setting up some braches for the site in other cities. Our partner in "São Paulo" is putting our agreement in the paper.

But how can I make it so a contract via internet is legally valid, to prevent people from "cheating"? We can't sign anything, since the guy is a few thousand miles away...

[kevin]

One suggestion:

Put a form on a webpage that can be printed, the party signs the form and sends it to you in the mail.

[kevin]

you also just make it clear what your terms are, like when people sign up for free websites, they electronically agree to the terms and conditions, even though there is no signature it should still be a legal contract as far as I know.

[ishnid]

By far the best way of doing a contract like this would be if you email him the contract in a .pdf file. He should print 2 copies, sign both and send them to you by snail-mail. You should then sign them and return one to him. That way, both of you have a copy of the agreement.

(BTW I'm far from being an expert in Brazilian law but that's the way it's generally done internationally)

Signing up for free services won't create a legal contract. It's just getting you to accept the terms on which they offer their service and they're not bound to keep providing it at all. So, for example, when you sign up for 'free email for life' at yahoo.com, there's nothing you can do if they start charging for it, because there's no contract.

[kevin]

Originally posted by ishnid
By far the best way of doing a contract like this would be if you email him the contract in a .pdf file. He should print 2 copies, sign both and send them to you by snail-mail. You should then sign them and return one to him. That way, both of you have a copy of the agreement.

(BTW I'm far from being an expert in Brazilian law but that's the way it's generally done internationally)

Signing up for free services won't create a legal contract. It's just getting you to accept the terms on which they offer their service and they're not bound to keep providing it at all. So, for example, when you sign up for 'free email for life' at yahoo.com, there's nothing you can do if they start charging for it, because there's no contract.

A question:

Why is it "by far the best way" ?


Agreeing to terms of service is a legal contract, but like any contract, the terms can be changed by the contractor, within the limits of the law. If yahoo offers a free email then later changes it to a fee email, it is still a contract. Any contract can be changed or altered. Some require notice, some require both parties agree, some require neither.

[Dr. Web]

and think about the agreements on microsoft web site/ software. They are all 'click if you accept' and so on, and some of those things say that you are the only registered & paid user for the software ad-naseum.

You can't install windows without accepting the aggreement, but the agreement binds you to the terms and conditions that microsoft sets forth when providing the software. If you agree to the terms, but later break them (or break the binding agreement.... otherwise known as a contract) microsoft can litigate against you.

We do in house 'electronic signatures' on my company intranet. We take a already logged in user, and have them agree by checking "yes, I will give Kevin my life savings", and sign it with their username and password. For us, this is as legally binding as we need.

There are some forms that need to hold a ink signature though, in the USA. Tax forms come to mind. Change of residence comes to mind.

[ishnid]

Agreeing to terms of service does not create a contract if you're not paying for it. If Yahoo change to a fee-paying service then you have a contract if you sign up for it. Yahoo will then be obliged to provide you with an email service, according to the terms of the contract. At is stands with the free service, if they stop providing it, there's nothing you can do about it because no legal contract actually exists.

There's no doubt that legally-binding contracts can be entered into via the web, but for a situation like this (where it's one agreement with one partner), it's a waste of effort to set up an online system which will do that, so the paper-based approach is just easier.

[Paul]

Putting a cimple click here if you agree won't do well in court. A good way is one the 21st century now uses, it's called a fax :). If you or he doesn't have one you can sign up for a free one at:
http://www.efax.com
Also if you can get the signature notorized, this will be the best way to protect your self. Most bank centers do notirization.
Good luck,
Paul

[torrent]

Clicking a button which says "You agree to be bound by these terms and conditions" does not stand up in court in the UK, and I think in Europe in general. I read something about this some time ago in which unequivocal proof is required in British courts to show that you accepted being bound to the terms of a contract. The argument was that software registering a user clicking a submit button was not unequivocal proof. For example, how does it know WHO clicked the button and accepted the terms?

The article was quite lengthy and I can't recall all aspects of it. Digital personal signatures (supplied by companies like Verisign) are now starting to be accepted in some countries in Europe (such as Italy).