Initiate Online Contracts and Sales Agreements

E-signatures can be used for most types of sales agreements, but their applicability depends on local laws, the nature of the agreement, and specific industry regulations. Common scenarios for the use of e-signatures in sales agreements include:

• Simple Sales Agreements: Contracts for goods, services, or property sales are commonly signed electronically.
• High-Value Transactions: E-signatures are valid for high-value sales, provided the process complies with legal and security requirements.
• Recurring Sales: Agreements like subscriptions or ongoing services often use e-signatures for convenience.

Key Considerations:

• Ensure both parties agree to use e-signatures.
• Verify compliance with applicable laws (e.g., ESIGN Act in the US, eIDAS in the EU).
• Use a secure and trusted e-signature platform to validate and track the signing process.

Yes, e-signatures can hold up in court for contract disputes if they meet certain legal requirements. Courts generally accept e-signatures as valid evidence, provided certain conditions are met, including authentication, consent, legality, integrity, audit trails, and admissibility.

To send a contract for electronic signature through E-Sign, follow these steps:

1. Log in/Create Your Account:
   • Log in or create an account with E-Sign to send your contract.
2. Upload the Contract:
   • Upload your contract in a supported format (e.g., PDF, Word).
3. Add Signers:
   • Enter the email addresses of the individuals who need to sign the document.
4. Set Signing Fields:
   • Drag and drop signature, date, or text fields to the appropriate places on the document.
5. Send for Signature:
   • Click “Send” to deliver the document to the recipients for signing.

Yes, e-signatures are valid for high-value or complex sales agreements, provided proper security measures, legal compliance, and authentication are followed to ensure the contract’s integrity and enforceability.

If one party insists on a handwritten signature, you can either negotiate to use e-signatures, accommodate the request by signing by hand, or use a hybrid approach (one e-signature, one handwritten). Some contracts may legally require handwritten signatures, so it’s important to confirm the legal requirements. Be aware that insisting on handwritten signatures may delay the process as it requires physical printing, signing, and possibly mailing or scanning the document.

The legal requirements for using e-signatures in contracts vary by jurisdiction but generally include the following key elements:

• Consent:
  • Both parties must agree to use electronic signatures for the contract. This is often achieved through a consent clause or agreement.
• Intent to Sign:
  • The signer must demonstrate a clear intent to sign the document, such as clicking a “Sign” button or drawing their signature.
• Authentication:
  • The identity of the signer must be verifiable, typically through email, phone verification, or multi-factor authentication.
• Record Integrity:
  • The signed document must be tamper-proof, with measures in place to detect unauthorised changes (e.g., encryption or digital certificates).
• Compliance with Laws:
  • E-signatures must comply with laws like the ESIGN Act (US), UETA (US), or eIDAS (EU), depending on the region.
• Audit Trail:
  • A record of the signing process (time, date, IP address, etc.) must be maintained for legal and evidentiary purposes.
• Exclusions:
  • Some contracts, like wills or real estate deeds, may require handwritten signatures depending on jurisdiction.

If someone denies signing an electronic contract, an audit trail, identity verification, and tamper-proof measures from e-signature platforms can provide strong evidence of authenticity. These tools include details like signing time, IP address, and device information. Denial can be challenged in court, where the burden of proof often falls on the denying party.

E-signatures provided through E-Sign are tracked using an audit trail, which provides detailed information about the signing process to ensure security and compliance. The audit trail includes key data such as:

• Date and time stamps for when the document was sent, viewed, and signed.
• IP addresses and device information of the signers.
• Actions taken, like viewing, signing, or declining the document.

To ensure both parties agree to use e-signatures in the contract process, follow these steps:

1. Explicit Consent Clause:
   • Include a clause in the contract or pre-signing agreement that confirms both parties agree to sign electronically. This clause should outline that both sides understand the legal validity and accept the use of e-signatures.
2. Communication:
   • Communicate with the other party to explain the benefits of using e-signatures (e.g., speed, convenience, security) and ensure they are comfortable with the process.
3. Agreement During Initial Negotiations:
   • During the negotiation phase, make it clear that e-signatures will be used to finalise the contract, and ask for the other party’s consent in advance.
4. Platform Notification:
   • Many e-signature platforms send a notification requesting consent before any signature is applied. Ensure the platform you’re using includes this step.
5. Formal Acknowledgment:
   • Before sending the document, ask the other party to confirm their consent to sign electronically, either verbally or in writing.

You can verify the authenticity of an e-signature using the following methods:

1. Audit Trail:
   • E-Sign provides an audit trail that logs details like the date and time of signing, IP addresses, and device information. This helps confirm the authenticity of the signer and the signing process.
2. Identity Verification:
   • Verify the signer’s identity through multi-factor authentication, email or SMS verification, or digital certificates, which ensure that the person who signed is who they claim to be.
3. Digital Certificates:
   • For high-security transactions, digital certificates or public-key infrastructure (PKI) can be used. These certificates confirm the identity of the signer and provide encryption to protect the document’s integrity. E-Sign uses digital certificates for its electronic signatures.
4. Tamper-Proofing:
   • E-signed documents are typically encrypted, and any changes to the document after signing will be detectable. E-Sign offers tamper-evident seals or digital signatures that make unauthorised modifications visible.