Emailing contracts

[charlie]

Im trying to cut down the amount of paper i use and am thinking of now emailing all my contracts, my only concern is that they wont have a signature.

If i get the client to attach the form to an email and write in the email i agree to all terms and conditions stated in the attached contract.

Is that legally as good as a signature?

[discomobiledj]

You could integrate all on your site and get them to do a tick the box sort of thing like alot of places do these days.

[yourdj]

I have a couple on here Charie if you want to have a gander?

Im sure martin could incorporate it in to the site as it's basically a normal form with a bit of programing.

http://www.yourdj.co.uk/weddingbookingform.php

I basically get an email with all the details bullet pointed. :)

[rob1963]

I'll be following this thread with interest, as there was recently a similar thread where I questioned the legality of non-original signatures, but nobody was able to give an answer.

[Megamix]

Well i've just got a credit card without signing one piece of paper - it merely stated that I agreed I was who i said I was etc.

[CRAZY K]

Im trying to cut down the amount of paper i use and am thinking of now emailing all my contracts, my only concern is that they wont have a signature.

If i get the client to attach the form to an email and write in the email i agree to all terms and conditions stated in the attached contract.

Is that legally as good as a signature?

Whether it is or not, its also a question of how the clients respond to you for payment of the non refundable deposit/booking fee

If your fully automated (like Corabar for example) then you would offer payment by card/ Internet and a digitally signed Contract.

If your half way there like me--- I e mail Contracts over and ask them to print off sign and return by scanned email or post then pay by Internet transfer or cheque.

The point is unless a large number of your clients pay by a totally electronic automated payment system there is no point in worrying about the legality of digital signatures because they are going to have to send you a cheque /cash in the post so they might as well send a proper signed Contract as well.

Cheques are allegedly disappearing so thats another issue, we presently find surprisingly that MOST people offered payment by by BACS dont actually do it, most send a cheque still so its still ok to get them to post the Contract as well.

I do see that Card Payments are the way forward I just dont have the volume of business presently to justify it--another business case decision for you possibly.

To answer the original question--digital signatures may be ok--- my experience with my only digitally signed Contract kindly prepared by Angela at Corabar which subsequently got cancelled was---

--they didnt ask for (or get) their Non refundable booking fee back so presumably thought they had no chance of trying to challenge its legality or validity.

If it had been a full cancellation under 30 days who knows.

These were sharp professional people so I imagine if they thought they could challenge the Contract as invalid and get their NRBF back they would.

Not that sharp---they booked a Band instead of me;)

[simon1969]

Tick box is usually the one to use which says your customer is agreeing to your terms and conditions...
I'll ask my friend about legalties as he lectures internet law at Sydney university.