Hillsborough Florida Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

• Category: Technology - Doing Business
• State: Multi-State
• County: Hillsborough
• 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. Hillsborough County, Florida is located in the western part of the state and encompasses the city of Tampa. Over the years, the county has developed specific guidelines for drafting shrink wrap and click wrap agreements in order to protect both businesses and consumers in online transactions. Shrink wrap agreements, also known as shrink wrap licenses, are agreements in which the terms and conditions are provided inside the packaging of a product and become binding upon the consumer's opening of the package. On the other hand, click wrap agreements are contracts formed online, where users must click on a button or check a box to indicate their acceptance of the terms and conditions before accessing a website or downloading software. In Hillsborough County, several guidelines have been established to ensure that shrink wrap and click wrap agreements are fair, enforceable, and protect the interests of all parties involved. These guidelines include: 1. Clear and conspicuous presentation: Both shrink wrap and click wrap agreements should be presented in a clear and readable manner. The terms and conditions should be easily accessible and noticeable, using legible fonts, clear language, and prominent placement. 2. Unambiguous terms: The terms and conditions of the agreements should be formulated in an unambiguous manner, using plain language that is easily understandable to the average consumer. Legal jargon should be avoided or explained clearly. 3. Inclusion of essential terms: Shrink wrap and click wrap agreements should include essential terms that define the rights and obligations of both the consumer and the business. Key provisions, such as limitations of liability, dispute resolution procedures, and intellectual property rights, should be clearly stated. 4. Notice of changes: If the business intends to modify the terms of the agreement, users should be adequately informed of the changes. Notice should be given in a conspicuous manner, and users should be required to expressly accept the new terms before they can continue using the product or service. 5. Ability to review before acceptance: Users should be given a reasonable opportunity to review the terms and conditions before accepting them. This may include scrolling through the agreement, providing an option to print or save a copy, or allowing users to request a physical copy of the agreement. Hillsborough County recognizes the importance of these guidelines to ensure the fair treatment of consumers in online transactions. By adhering to these guidelines, businesses can establish legally binding and enforceable shrink wrap and click wrap agreements that protect both their interests and those of their customers. It is important to note that while these guidelines are specifically relevant to Hillsborough County, similar principles and best practices are followed in many other jurisdictions to safeguard consumer rights and maintain a fair and transparent online marketplace.

Hillsborough County, Florida is located in the western part of the state and encompasses the city of Tampa. Over the years, the county has developed specific guidelines for drafting shrink wrap and click wrap agreements in order to protect both businesses and consumers in online transactions. Shrink wrap agreements, also known as shrink wrap licenses, are agreements in which the terms and conditions are provided inside the packaging of a product and become binding upon the consumer's opening of the package. On the other hand, click wrap agreements are contracts formed online, where users must click on a button or check a box to indicate their acceptance of the terms and conditions before accessing a website or downloading software. In Hillsborough County, several guidelines have been established to ensure that shrink wrap and click wrap agreements are fair, enforceable, and protect the interests of all parties involved. These guidelines include: 1. Clear and conspicuous presentation: Both shrink wrap and click wrap agreements should be presented in a clear and readable manner. The terms and conditions should be easily accessible and noticeable, using legible fonts, clear language, and prominent placement. 2. Unambiguous terms: The terms and conditions of the agreements should be formulated in an unambiguous manner, using plain language that is easily understandable to the average consumer. Legal jargon should be avoided or explained clearly. 3. Inclusion of essential terms: Shrink wrap and click wrap agreements should include essential terms that define the rights and obligations of both the consumer and the business. Key provisions, such as limitations of liability, dispute resolution procedures, and intellectual property rights, should be clearly stated. 4. Notice of changes: If the business intends to modify the terms of the agreement, users should be adequately informed of the changes. Notice should be given in a conspicuous manner, and users should be required to expressly accept the new terms before they can continue using the product or service. 5. Ability to review before acceptance: Users should be given a reasonable opportunity to review the terms and conditions before accepting them. This may include scrolling through the agreement, providing an option to print or save a copy, or allowing users to request a physical copy of the agreement. Hillsborough County recognizes the importance of these guidelines to ensure the fair treatment of consumers in online transactions. By adhering to these guidelines, businesses can establish legally binding and enforceable shrink wrap and click wrap agreements that protect both their interests and those of their customers. It is important to note that while these guidelines are specifically relevant to Hillsborough County, similar principles and best practices are followed in many other jurisdictions to safeguard consumer rights and maintain a fair and transparent online marketplace.