What is Up with Signing Contracts Online?

By Jeremy Aber, AberLawFirm

So what is up with signing contracts online? Well, what is up is that it is becoming mainstream really fast, and is a great way to speed up the process of having written contracts signed (whether a written SAAS reseller agreement or written software EULA). You can now skip the faxes going back and forth, mailing of contracts for signature in duplicate, etc.

So here are some thoughts:

1.) Give it a Try. Maybe try it first for NDAs/Confidentiality Agreements, Reseller Agreements, EULA, Employment Agreements, and other more routine contracts (probably not the right thing for your signature when you sell your company).

2.) Different from Clickwrap Agreements. These type of electronic or online signatures are fundamentally different from the online or electronic clickwrap type agreements (you know, the click to agree agreements we all agree to). These online signatures are supposed to take the place of your written signature on a written contract.

3.) All the Vendors Seem the Same. It looks like there are 3 main vendors, EchoSign, DocuSign and RightSignature. They all look the same to me, so maybe pick the one with the right: (a) workflow process, (b) price point, (c) features, and (d) easiest interface.

So give it a try, as it could help your employees become more productive while ensuring you get your contracts signed. Just a thought from a software attorney…

Disclaimer: This is provided for educational and informational purposes only, and is not legal advice. Hire an attorney for legal advice, as they should consider the pertinent facts and applicable law before providing any advice.

Jeremy Aber heads the AberLawFirm, which specializes in representing software SaaS and IT companies on contracting, copyright and privacy issues. With more than 19 years of legal experience, Aber is based in Austin, Texas, and can be reached via email at: Jeremy@aberlawfirm.com.

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