California Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

• Category: Technology - Doing Business
• State: Multi-State
• Control #: US-DB0806BAM
• Format: Word; Rich Text

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. California Guidelines for Drafting Shrink Wrap and Click Wrap Agreements provide specific rules and recommendations for businesses and individuals who wish to create legally enforceable contracts using these types of agreements. Shrink wrap agreements are contracts where the terms are included inside the packaging of a product and become binding once the package is opened or the seal is broken. Click wrap agreements, on the other hand, are contracts typically found online where the user agrees to the terms by clicking a button or checking a box. The guidelines aim to ensure that businesses and individuals drafting these agreements in California comply with state laws and protect the rights of both parties involved. Some key aspects covered by these guidelines include: 1. Clear and conspicuous presentation: The guidelines emphasize the importance of presenting the terms and conditions in a manner that is clear, easy to understand, and stands out to the consumer. All relevant terms should be adequately disclosed, using font size, color, and positioning that are easily noticeable. 2. Unenforceable provisions: The guidelines warn against including provisions that are unconscionable, illegal, or in violation of public policy. For instance, terms that waive certain consumer rights or excessively limit liability may be deemed unenforceable. 3. Notice and acceptance: The guidelines stress the need for users to have proper notice of the terms before they are bound by the agreement. Users must have the opportunity to review the terms and provide affirmative consent explicitly to manifest their agreement. Automatic acceptance or hidden terms are generally discouraged. 4. Accessibility of terms: California guidelines emphasize the importance of making terms easily accessible to consumers. It is advised to provide a copy of the agreement or a link to the agreement in a format that enables users to save or print it for future reference. 5. Updates and modifications: The guidelines address situations where a business wishes to modify or update the agreement after the initial purchase or acceptance. Businesses should have clear procedures for notification and obtaining user consent for any changes made to the terms. It is important to note that while these guidelines provide helpful recommendations, they are not laws themselves. However, businesses and individuals are encouraged to follow these guidelines to ensure compliance with California's legal requirements and minimize potential disputes.

California Guidelines for Drafting Shrink Wrap and Click Wrap Agreements provide specific rules and recommendations for businesses and individuals who wish to create legally enforceable contracts using these types of agreements. Shrink wrap agreements are contracts where the terms are included inside the packaging of a product and become binding once the package is opened or the seal is broken. Click wrap agreements, on the other hand, are contracts typically found online where the user agrees to the terms by clicking a button or checking a box. The guidelines aim to ensure that businesses and individuals drafting these agreements in California comply with state laws and protect the rights of both parties involved. Some key aspects covered by these guidelines include: 1. Clear and conspicuous presentation: The guidelines emphasize the importance of presenting the terms and conditions in a manner that is clear, easy to understand, and stands out to the consumer. All relevant terms should be adequately disclosed, using font size, color, and positioning that are easily noticeable. 2. Unenforceable provisions: The guidelines warn against including provisions that are unconscionable, illegal, or in violation of public policy. For instance, terms that waive certain consumer rights or excessively limit liability may be deemed unenforceable. 3. Notice and acceptance: The guidelines stress the need for users to have proper notice of the terms before they are bound by the agreement. Users must have the opportunity to review the terms and provide affirmative consent explicitly to manifest their agreement. Automatic acceptance or hidden terms are generally discouraged. 4. Accessibility of terms: California guidelines emphasize the importance of making terms easily accessible to consumers. It is advised to provide a copy of the agreement or a link to the agreement in a format that enables users to save or print it for future reference. 5. Updates and modifications: The guidelines address situations where a business wishes to modify or update the agreement after the initial purchase or acceptance. Businesses should have clear procedures for notification and obtaining user consent for any changes made to the terms. It is important to note that while these guidelines provide helpful recommendations, they are not laws themselves. However, businesses and individuals are encouraged to follow these guidelines to ensure compliance with California's legal requirements and minimize potential disputes.