IT Contracts Lawyers
IT Contracts in India
Find IT Contracts expert lawyer in India.
What is IT Contracts or E-Contracts?
What is the need for IT Contracts?
Examples of IT Contracts?
What is Electronic Commerce or E-Commerce?
Hoe are IT contracts regularized?
How is IT Contracts legally recognized in India?
Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your IT Contracts related queries and also guide you on how to resolve this matter with ease.
About the IT Contracts
Electronic commerce has advanced and numerous issues are evacuated using web-based business which stream as a conventional data. Electronic commerce is a method for the transaction of business electronically and is related with the purchasing and offering of data, items and administrations over mechanized correspondence systems. However, it is a substantially more extensive term incorporating Electronic Data Interchange as well as different types of correspondences, for example, Electronic Mail and Electronic Bulletin Board.
With the development and relentless development of e– commerce, there is a brisk height in the utilization of e-contracts. Yet, the idea of e-contract is as yet not unclouded, it faces parcel of difficulties. The law of contract in India gives a statutory acknowledgment to the basic contractual run the show. The Indian Contract Act, 1872 does not set out the rights and obligations which the law will authorize yet it manages the restricting standards, subject to which gatherings may make right and obligations for themselves.
Some of the most commonly recognised e-contracts are-
Shrink-wrap agreements – mostly observed in instances of software products buying. In such agreements, the opening of the software automatically enforces the terms & conditions on the software. These are accepted at the time of the installation.
Click-wrap agreements – these agreements refer to the web based agreements in which the consent is given by way of choosing ‘I Agree’ or ‘Ok’ and so on.
Browse-wrap agreements – refers to an agreement made with the intent of binding multiple parties, usually by way of acceptance for certain policies in cases of continuous use.
Regularizing and Legal Recognition of IT Contracts
In India, all the contracts are governed as per the Indian Contract Act 1872, as per which any contract in contravention to the principles mentioned in the Act are incorrect contracts. Section 4 of The Information Technology Act 2000, provided for legal recognition to electronic contracts and records formed thereby.
Electronic contracts are essentially contracts that are regulated by both the Information Technology Act 2000, and the Indian Contract Act 1872. As per the case of ‘Lalman Shukla v. Gauri Datt’, the terms of service, etc. must always be made visible and reasonably communicated to the user, therefore, a mere link to the concerned terms would not be sufficient.
Section 85A of the Indian Evidence Act provides for the validity of electronic contracts. Section 10(A) of the Information Technology Act 2008 also provides for the validity of e-contracts, it states the following-
“Where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic record, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose.”