Your online business may face disputes and damages if it is not able to prove its fundamental legal relationship with the users. Large corporations including Blockbuster Inc, Talk America, Inc., and Safeway Inc have already faced legal cases that have confirmed that unilateral provisions of terms and conditions might not be enforceable.
Website terms and conditions may be binding, if they meet the basic criteria that create a legally binding contract. When the user agrees to the “Terms of Service” or similar document, a contract is created between the user and company. For the contract to be legally binding, the presentation and acceptance must meet approved standards.
But it is not enough for the contract to be binding, it is also fundamental to be able to prove its exact content anytime later.
A clickwrap agreement is a general way by which website and software users enter into contracts online. The clickwrap agreement presents the terms and conditions, users have to accept in order to install software or subscribe and use a cloud service. By clicking the ‘I agree’ button or selecting the checkbox users accept the terms and conditions and enter a legally binding contract.
Web businesses protect their products or services through disclaiming implied warranties, remedies and liabilities; specify fees and penalties; protect non-copyrighted material; and impose other limitations.
The general terms and conditions regulate the fundamental business and legal relationship between the website and its users.
If a user wants to penetrate a disclaimer set forth in the terms and conditions, and enforce a damage claim, it is the responsibility of the website to prove at court, that the specific disclaimer was included in the individual contract the user accepted back upon registration.
It is not enough to just publish the standard terms and conditions on your website, because a plaintiff could claim anytime that the currently available version does not correlate with the text he or she accepted.
If the Terms of Service agreement includes a unilateral provision which states the company can change the agreement without notifying the customers, the agreement is entirely unenforceable. Any changes to the terms must be relayed to the customer to be legal.
TERMZ (c) by Everprove provides the perfect solution for websites to properly certify the clickwrap terms and conditions contracts, and enable web businesses to properly prove the exact content of their legal relation with their users.
Our automated background process turns your general clickwrap contracts into individual contracts, signed electronically and archived on the Everprove Ledger database. We execute your standard terms into binding agreements with a certified content. And we do that for a fraction of a dollar per contract. Definitely worth it right?