Guidelines for Drafting Shrink Wrap and Click Wrap Agreements
About this form
The Guidelines for Drafting Shrink Wrap and Click Wrap Agreements is a detailed contract template tailored for businesses and individual contractors engaging in software or computer services. This form helps outline the terms under which software or services can be used, ensuring both parties understand their rights and obligations. Unlike other contracts, this template focuses specifically on electronic agreements that often exist without a physical signature.
Main sections of this form
- Clear notice to users at the time of purchase indicating the agreement's applicability.
- Visibility of the agreement terms displayed prominently during the transaction process.
- Detailed disclosure of license terms before or shortly after usage begins.
- Refund policy details for users who choose to reject the agreement's terms.
- Defined method for users to accept the agreement, such as clicking a box.
- Highlighting unusual or surprising terms to users before transaction completion.
Situations where this form applies
This form is essential when a business or individual contractor needs to create a legal framework for software licensing, particularly in scenarios involving online purchases or digital services. Use this form when you want to ensure that your agreements adhere to best practices and legal standards, especially in environments where electronic agreements are prevalent.
Who this form is for
- Software developers or companies that offer software products.
- Freelance contractors providing digital services.
- Businesses selling software or online services to consumers.
- Organizations looking to formalize digital transactions legally.
Instructions for completing this form
- Identify the parties involved in the agreement.
- Clearly outline the terms of the software license, including usage rights and restrictions.
- Specify the refund and return process for users wishing to reject the agreement.
- Ensure that a method for acceptance is defined, such as a checkbox that users must click.
- Highlight any unusual or surprising terms that may affect the user's decision.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to clearly display the agreement terms before purchase.
- Not providing a straightforward cancellation or refund process.
- Using legal jargon that is difficult for the average user to understand.
- Neglecting to highlight unusual terms that could surprise the user.
Why use this form online
- Convenient access to a professionally drafted agreement anytime, anywhere.
- Editability allows customization to fit specific business needs.
- Reliability from licensed attorneys ensuring legal compliance and clarity.
Legal use & context
- Shrink wrap and click wrap agreements are generally enforceable if certain conditions are met.
- Ensure users are adequately informed, as ambiguity can lead to unenforceability.
- Be cautious about unique terms that could surprised users, as these may not hold up in court.
Summary of main points
- Clearly communicate the terms of shrink wrap and click wrap agreements to users.
- Provide transparent refund and acceptance processes to enhance enforceability.
- Regularly review and amend your agreements to comply with evolving legal standards.
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FAQ
Get it in writing. Keep it simple. Deal with the right person. Identify each party correctly. Spell out all of the details. Specify payment obligations. Agree on circumstances that terminate the contract. Agree on a way to resolve disputes.
In contract law unequal bargaining power (contracts of adhesion) is frowned upon. However, even with the lack of bargaining power eCommerce TOS are typically enforceable if they clearly list the requirements for use of the site, and avoid demanding the user to give up too much in order to use the site.
In the defining statement of the opinion, the court held that, "shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." The court concluded that no contract was formed by the parties until the buyer "accepted" the seller's terms by electing to keep the
A form of agreement used for software licensing, websites, and other electronic media.It requires the user to agree to terms and conditions before using a website or completing an installation or online purchase process.
Be conspicuous. Present agreements in simple, easy-to-understand language. Provide ample opportunity to read the agreements. Make it clear that acceptance is mandatory. Do not use pre-tick checkboxes.
A Shrink Wrap agreement can be defined as a legal agreement that is packaged within a product. In this type of agreement, products are sealed or enclosed in shrink wrap (plastic wrap) implying that the goods (and thus the legal document) can only be viewed by the customer who purchases it.
To summarize, the main difference to be aware of between browsewrap and clickwrap is that browsewrap doesn't require a user to do anything but visit the website for the site to assume consent to terms, whereas clickwrap requires the user to do something to show consent.
