Agreeing to TERMS via email

[K2012]

Hello, is there such a practice as agreeing to a business by email? Never heard of this before and in legal practice I am sure has no power?

 

[smo]

Why would it have no legal power??

You can form a contract verbally, or written - emails are admissable in court and have the same standing as any other contractual evidence.

 

[MartBrooks]

Hello, is there such a practice as agreeing to a business by email? Never heard of this before and in legal practice I am sure has no power?

You would be wrong. Contracts can be written or verbal. One agreed over email would be entirely valid.

 

[TheBlogshop]

Although it's good practice to get everything agreed and signed off on paper with written signatures, as far as I'm aware, an e-mail saying 'yes' holds just as much power.

I'm sure there are a few loopholes to this and if you're asking because of anything other than general curiosity, I'd strongly recommend you get in touch with a solicitor knowledgeable in business law.

 

[SarahDinnage]

Hey Kev

Hope you are well, its OK to accept a yes via email in terms of recruitment - we do (though it's better if you can get a hardcopy of course). You'd probably want to keep a copy of emails sent so you could prove that you sent the terms to them to agree to.

Having said that as far as I am aware if the client has not signed but still interviews based on someone you have introduced then a contract is still formed between you and client for recruitment services, albeit it's a bit more woolly because the terms have not been agreed on both sides.


Sarah

 

[MyAccountantOnline]

Hello, is there such a practice as agreeing to a business by email? Never heard of this before and in legal practice I am sure has no power?

Do you mean accepting some ones terms of business?

My firm uses an online signature service EchoSign - it reduces our costs and hence clients fees and saves paper and postage. The company have some guidance which may be of interest here.

 

[Tax-UK]

It has the same power as a written contract because the email will detail the terms of business and the intention to do business

 

[K2012]

Hi All,

Just to say many thanks for your help with this.

It was a general question yes as one client of mine wished to agree to my terms via email, I pasted them into the body and they replied saying "yes thats great" - so if in dispute ever there is no issue.

Hi Sarah, Yes I am great thanks.. I know also on the CV when we send it over it does state by accepting them for interview they agree.

I hope you all see my reply - thanks to you all....

Kev

 

[Somecamel]

Do you mean accepting some ones terms of business?

My firm uses an online signature service EchoSign - it reduces our costs and hence clients fees and saves paper and postage. The company have some guidance which may be of interest here.

Another vote for echosign- I use it aswell

 

[Richie N]

Kev, do you have a clause on your email footer regarding acceptance of CVs etc?
Terms can be agreed by email and acceptance of CVs if you have this clause.

Echosign - i've tried this as well, I do think it's a good site but you need to weigh up the costs against how many signed terms you get each week.

I would recommend a clause in your email (if you haven't already got this), send terms with CVs or when you first obtain the client on board. Then print off the copy and save it to your database.
If you have an agreed rate, mention this in the email as well, i.e Please find attached our terms of business with an agreed rate of 10%.

 

[K2012]

Rich,

Not ignoring you mate, been away for a few weeks I do have this clause yeah and it is also on the front of all CV's I send over so that seals it really.

Also, the client in questions has now signed my TOB and the Addendum lol

 

[BridiesTyping]

I just started using DocuSign so that clients can read, agree and sign my terms of business. It works really well and isn't very expensive.

 

[iArtist]

I have recently added a little box to my contact form that like many others says 'I have read and agree to your terms of service' and below that is link to those terms of service.

This way when the completed form comes to me it has a statement attached saying their agreement is confirmed.

This is how most companies seem to deal with this.

 

[Working First Aid]

To those that use e-signature style services - how easy do your customers seem to find the form usage?

Does it matter if they use a signature option that doesn't look like their normal signature?

I've always found email a copy of T&C's then asking for a signed copy to be faxed/mailed/scanned & emailed back seems to work well enough, but an e-sig could speed up the process considerably if it's a completley valid system.

My thanks,

Shaun

 

[Christine Hough]

Just need to make sure the email is from someone in the organisation with the authority to sign.

 

[BridiesTyping]

With Docusign they choose a signature in whichever font they prefer and it gives them a unique number - really it's the number itself which is the "signature" if you like.

 

[Working First Aid]

With Docusign they choose a signature in whichever font they prefer and it gives them a unique number - really it's the number itself which is the "signature" if you like.

Ah, I see.

The only potential trouble I could see with that is proving it was them who actually clicked "sign" then, especially if they use public access computers?

I'm sure it never is a problem, but just covering all bases before considering delving too deeply in to it.

 

[James Greg]

I believe signing up on email is no different than signing on a page written with clauses. After all we do have to check on the I agree to terms and conditions when making an internet account. That would also be considered legal if any issue is taken up in court.

 

[BridiesTyping]

Ah, I see.

The only potential trouble I could see with that is proving it was them who actually clicked "sign" then, especially if they use public access computers?

I'm sure it never is a problem, but just covering all bases before considering delving too deeply in to it.

Shouldn't be an issue as they are emailed the form, so need to access their email in order to click the link which takes them to sign.