E - Contracts : what to do & how to do it ?
3 years ago
Some of my clients are not educated, that's why, they don't have email id. Can i make an app for my employee to fill the E-Contarct & take the digital signature & video of client speaking that he agree to the E- contract made of this date which have this unique contract id ,..etc.. So that without the need of mail id we can do this. We will whatsapp two copies of E-contract as PDF format to our client . But we will not keep record of it sent by whatsapp because we will send it to client only for their satisfaction. Can i do this in case of sale of goods ? Plus Give tips.
Kaveriamma Monnappa
Responded 3 years ago
A.Yes you can develop an app and obtain their digital signature which will be considered a valid and enforceable document and considered an electronic document under the IT Act, 2000. However, the digital signature will need to have reliable technology which has an asymmetric crypto system and hash function for authentication , that is, it should be able to identify the person it belongs to and will be able to identify any alteration in the signature during transmission or otherwise . It is recommended to purchase digital signature with PKI technology. However considering that your employees may not be aware of such technology, an electronic signature in an image format (handwritten signature, thumbprint) will be legally valid however, the authentication of such a document may pose problems in the future as it can be easily altered and tampered with. The video will be considered as a valid consent of the electronic document. It is advisable to keep a record of the .pdf document and the whats app message if possible in case any legal issues arise in the future. Contracts formed for the sale of goods can also be executed through an electronic record in the same manner as mentioned above subject to any specific rules made by the government for sale of goods online.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
This is very standard practice is adopting by almost all the companies to onboard the vendor or gig worker.
We need to understand the nature of the work, area of the dispute to assist you with the appropriate suggestions.
This is very standard practice is adopting by almost all the companies to onboard the vendor or gig worker.
We need to understand the nature of the work, area of the dispute to assist you with the appropriate suggestions.
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A.Hi
It is in your interest that your uneducated client downloads the app in his mobile and then affixes his consent and forwards the consent to you by way of whatsapp or email.
In addition to above, recording of video of client can also be admissible as proof in court of law.
Hope this information is useful.
It is in your interest that your uneducated client downloads the app in his mobile and then affixes his consent and forwards the consent to you by way of whatsapp or email.
In addition to above, recording of video of client can also be admissible as proof in court of law.
Hope this information is useful.
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Naveen Sharma
Responded 3 years ago
A.Contracts executed digitally online by affixing e-sign or digital sign are valid enforceable contracts as per the Information Technology Act, 2000. But the issue is whether all your employees have a digital signature issued by a competent authority ? E-sign is an alternative option but for that you will have to take the services of e-agreement/contract portal/organisation offering services in the market to acquire e-sign compliant interface online for executing such e-contracts. Recording videos only will not always be conclusive and difficult to prove in courts of law. However, once executed by affixing of e-sign or digital signature as the case maybe, you may send PDF files by what's up as conclusive proof of delivery of copy. Nevertheless, once when they execute the e-contract digitally online, the option for downloading the same may also be made available with a program function to record downloading after execution. Having said that, I do not think this will work in case of class IV employees whose level of digital/electronic awareness would not be upto the mark.
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A.Dear Sir,
Your concept seems to be innovative and sustainable but if the clients turn back and hostile then you have cannot do anything. Your issue needs to be discussed. Please give me Rank 5 if you feel my answer helped
Your concept seems to be innovative and sustainable but if the clients turn back and hostile then you have cannot do anything. Your issue needs to be discussed. Please give me Rank 5 if you feel my answer helped
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