Oklahoma Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

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Multi-State
Control #:
US-DB0806BAM
Format:
Word; 
Rich Text
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Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.
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FAQ

How to create a click-thru (a.k.a click wrap) in Acrobat Opened the 2-page PDF legal agreement in Acrobat. Attached the PDF of the 20-page report as an Attachment. Added the buttons to the bottom of the 2-page confidentiality agreement using the "Rich Media => Add Button". Linked the "I accept" button to the attachment.

A common click wrap agreement example is software licensing. In this case, a user must agree to the terms and conditions before downloading software. Other examples include registering a social media account, NDA agreements, cookie policies, data processing agreements, and Statements of Work (SOWs).

A common way to upload a click wrap agreement is to include the terms and conditions in a hyperlink. The hyperlink is placed next to a statement and tickbox that says ?I have read and I accept these terms and conditions?.

Writing a clickwrap agreement is simple. You need to pay attention to two main things: The terms of your agreement, and the attainment of consent. In short, you need to write a comprehensive legal policy and you have to ensure that your client fully understands it and agrees to it.

Is a clickwrap agreement legally enforceable? Yes, clickwrap agreements are legally enforceable. Under the U.S. federal Electronic Signatures in Global and National Commerce Act (?ESIGN?), clickwrap agreements and other forms of electronic signatures hold the same status as ?wet ink? signatures.

Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.

Unlike the shrink wrap agreements where the terms of the agreement are hidden inside the box, in case of click wrap agreements, all the terms and conditions are accessible prior to acceptance, either in the same window or through a hyperlink.

A common click wrap agreement example is software licensing. In this case, a user must agree to the terms and conditions before downloading software. Other examples include registering a social media account, NDA agreements, cookie policies, data processing agreements, and Statements of Work (SOWs).

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Oklahoma Guidelines for Drafting Shrink Wrap and Click Wrap Agreements