As an MSP, you may be familiar with the challenges of getting clients to sign contracts and other legal agreements. One of the key strategies for streamlining customer contracting is the use of browser wrap agreements. Once your client signs the initial agreement, it agrees to future updates to the terms and conditions without the need for an additional signature. The browser wrap works in conjunction with our contracts-as-a-service solution that features frequent updates to ensure that your contracts stay up-to-date.
What is a Browser Wrap Agreement?
A browser wrap agreement is a type of online agreement that is presented to a user upon visiting a website or using an online service, where the user is deemed to have accepted the terms of the agreement simply by continuing to use the website or service. In this blog post, we will explore how MSPs can benefit from using browser wrap agreements.
How we use Browser Wrap Agreements for MSPs
We use browser wrap agreements as part of our contracts-as-a-service solution for MSPs. This allows us to present your clients with updated terms and conditions as needed without the need for additional signatures. Instead, the client is deemed to have accepted the updated terms simply by continuing to use your services after notice of the updated terms has been provided. This simplifies the contract process and helps us to ensure that our clients are always up-to-date with the latest terms and conditions.
The Enforceability of Browser Wrap Agreements
Browser wrap agreements have been the subject of several court cases, and the enforceability of these agreements has been questioned. However, courts have generally upheld the enforceability of browser wrap agreements as long as certain conditions are met. For example, courts have held that the agreement must be conspicuous, the user must have an opportunity to read and understand the agreement, and the user must have manifested their agreement to the terms.
MSP Relevant Cases
Nguyen v. Barnes & Noble, Inc. (2014)
In this case, the court held that the defendant’s browser wrap agreement was enforceable because it was reasonably conspicuous and the plaintiff had an opportunity to review and accept the terms.
Specht v. Netscape Commc’ns Corp. (2002)
In this case, the court held that the defendant’s browser wrap agreement was enforceable because the plaintiff had constructive notice of the agreement and manifested their agreement to the terms.
Meyer v. Kalanick (2017)
In this case, the court held that the defendant’s browser wrap agreement was enforceable because the user had an opportunity to read the agreement, and the agreement was reasonably conspicuous.
Another benefit of browser wrap agreements is that they can be updated easily and efficiently. As mentioned earlier, with a browser wrap agreement, an MSP can update the terms and conditions without the need for additional signatures. This can save time and money, as well as help ensure that all clients are on the same contract form with the latest terms and conditions.
In conclusion, browser wrap agreements can be a valuable tool for MSPs looking to simplify the contract process and keep their clients up-to-date with the latest terms and conditions. By using a browser wrap agreement, an MSP can present updated terms and conditions to clients without the need for additional signatures and ensure that those terms are enforceable in court. If you are interested in learning more about how browser wrap agreements can benefit your MSP, please contact us for a free consultation.