Digital Signatures on Contracts

[jasonhuang]

I'm wondering if anyone out there (don barnes, coby: looking your way) knows Texas' policy/law/stance on accepting digital signatures on contracts.

For example, if I wanted to implement a paperless business and go with digital contracts and online payments, what do I need to do (if anything) to ensure a digital signature (more or likely a person's initials or typed in name) would be upheld by the contract..?

[pbyd]

Jason,
I just did a google, check this link out.

http://articles.directorym.net/Elect...281-Texas.html

Wayne

[andyz]

In order to implement the Electronic Signatures in Global and National Commerce Act (E-Sign) in a commercial environment, you simply agree with the other party that you will execute your contract that way. For consumers, there are steps you must follow. In particular you need demonstrable consent. IT is like a handshake where the consumer not only says they want to do this, but demonstrate that they can.

You can find more here. http://www.ftc.gov/os/2001/06/esign7.htm

The trick is not just using E-Sign, but ensuring you have met the requirements so that you could enforce your contract in court, if needed. SO don't just "do" E-Sign, but do it right.

[David Whatley]

Go to www.echosign.com
We use them here at work, and plan to integrate their API with our Real estate contracts

[jasonhuang]

Thanks for the quick responses guys! Seems like the law is in place to accept digital signatures. But, as Andy mentioned, I have to present it correctly. I guess that's my next question! :-)

[bondarnes]

A wedding is such a personal experience, why would you want such an impersonal approach to booking? As for me, if they cannot meet with me in person at least once , then I don't want their business.

[Cajungaltx]

Originally Posted by bondarnes

A wedding is such a personal experience, why would you want such an impersonal approach to booking? As for me, if they cannot meet with me in person at least once , then I don't want their business.

I agree with Don.... I think that personal touch is a huge part of growing your business.

[CaptainTom]

My most recent wedding was signed electronically and I never met the bride and groom until the wedding......

The bride and groom flew in from Japan two days before the ceremony, and I made all arrangements through the mom. It worked out fine. Not my usual procedure, but I want to go on record that it CAN work.

[jasonhuang]

Yea, I agree too. I try to meet every couple I can because, you're right, it's just as important to me as it (should be) to them that we get along and can work well together. It's not a way for me to alienate my business from them. I think my personal touch comes through in our correspondence and our website as well, especially for those couples I can't meet beforehand for one reason or another.

The point of going digital and getting a digital signature is to help save time when they do decide to book (if not on the spot). Also, with brides/couples who are from out of town, having a digital contract as well as an easy way to book their date (by paying online), makes it that much easier for them (and me) to book me.

Also, I can tout that I'm now a green company by saving paper! ;-)

But, I definitely appreciate the concern and thank you for pointing that out, Don and Donna!

[andyz]

E-Sign can still be used when you meet in person. It saves paper, automatically archives your contract and just like you find photos on keywords, retrieval of the contract just became easier.

But just like all things digital, that doesn't mean there are no headaches. Getting it done, backed up, etc. just means new processes. One of the hardest things is knowing who you are doing business with, if you don't meet them.