Basic Forms of Online Agreements
Best Practices for Preparing Enforceable Online Agreements
- Choose clickwrap over other forms of online agreement. When the user is required to click a button or check a box for the sole purpose of agreeing to website terms and conditions, the likelihood of enforceability greatly increases.
- Provide conspicuous notice of contract terms through the use of easily-identified links, distinguishable fonts/colors and other presentation-friendly features so that users are encouraged to review the terms.
- Use clear, easy to understand language in online agreements and avoid technical terms when possible, especially with respect to important provisions like cancellation and payment.
- Obtain user consent again in the event the terms of the online agreement are modified. Unilateral changes with no notice are generally not enforceable against users.
- Develop and maintain a system for tracking user acceptance, which can be produced as evidence of user consent in the event of litigation.
Deborah Stehr is a member of our New York-area team and brings over 25 years of transactional and technology experience with a particular focus on the consumer goods industry. Deborah has considerable experience in structuring both domestic and international arrangements for the manufacture, supply, distribution and sale of goods, as well as in protecting and monetizing brands and intellectual property throughout the product life cycle.
 The term ‘single-purpose’ is derived from the fact that the user is agreeing to a single specific thing – the terms of the on-line agreement - when clicking the box.