[thelist] Electronic contracts

Phil info at webdisplays.com
Fri Aug 17 07:54:38 CDT 2001


At 09:16 AM 8/15/2001 -0500, Elly (http://www.echozone.com/) wrote:
>I've read that electronic contracts are legally binding.
>I'd like to hear what methods people use for remote web design 
>contract signing.

The only 'bulletproof' way I know of is to supply the document (contract)
and then get the client to sign and return it by fax. It may also be
possible, assuming the client has a scanner, for them to produce a gif or
jpg of the signed document, to accept it back by direct website file upload
(using a form/cgi ), or email attachment...

Most clients don't know ftp:// from Moses. Then, there is good old snail mail.

>For instance,
>Is responding to an email, agreeing with the contract if so stated?
>As in "by replying to this email you are agreeing with ..."

I seriously doubt this would stand up to much scrutiny, unless accompanied
by some sort of document, eg: a 'deposit' cheque pursuant to the agreement :-)

>
>Do people use a web interface with forms? If so, I'd appreciate some detail.

If you can accept web payment (for the deposit or entire fixed price) you
have your contract upon processing! Any sort of 'contract' obligates BOTH
parties...

It's always preferable to be in personal contact. For small sites, produce
a 'free sample', then send the client the url, our rates, and a
'Confidential Disclosure Agreement' signed by us. The client is then
liberated to tell us their deepest secrets and desires (by phone or email),
so that we can tune the sample (hosted on our site) into a document set
that he/she likes in privacy.

 From the outset, the client knows the work belongs solely to them. We
simply invoice for time over and above the sample thus, no icky "contract"
needs to be involved...

Phil Stark
http://www.webdisplays.com








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