As MSPs strive to streamline their sales and contracting processes, many are turning to online contract management solutions that allow them to quickly and efficiently generate contracts, obtain electronic signatures, and manage the entire contract lifecycle.
One key feature of these solutions is the ability to incorporate terms and conditions by reference. This means that the online terms and conditions are not physically included in the main contract document but are instead referred to and incorporated by reference. This allows MSPs to present the full terms and conditions concisely while still maintaining a streamlined contracting process.
However, the enforceability of online terms and conditions that are incorporated by reference into a document that is signed electronically or accepted online can be a concern. To address this concern, MSPs should ensure that they follow best practices for incorporating terms and conditions by reference.
Our Contracts-as-a-Service solution provides MSPs with clear and concise language that says the customer has read and understands the terms and conditions located on Exhibit A which contains the online terms and conditions, and that the client expressly agrees that the terms and conditions are incorporated by reference after acknowledging they have read and understand them. The links to the online terms and conditions are prominent and non-gated in any way, and the customer is given ample opportunity to review and ask questions about the terms and conditions before agreeing to them.
Ensuring MSPs comply with Legal requirements
In addition, MSPs should ensure that they comply with applicable legal requirements for notice and consent. For example, in the United States, the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) provide guidance on the enforceability of electronically signed contracts and the requirements for obtaining electronic consent.
Our Contracts-as-a-Service solution meets these enforceability requirements by providing clear and concise language in the MSP quote template that incorporates terms and conditions by reference, and by making the online terms and conditions easily accessible and understandable. Our solution is designed to streamline the contracting process for MSPs and provide them with the legal protections they need to operate their business with confidence.
If you’re interested in learning more about our Contracts-as-a-Service solution and how it can help your MSP streamline its sales and contracting processes, please contact us.