Writing contracts and agreements for electronic business in Pakistan such as E-commerce, FinTech or SaaS Services is a legal requirement for business activities. An e-contract has to be in the form of electronic data.
An electronic agreement is a contract that is created using an electronic means which is transmitted to the other party electronically, and contains or controls the rights and obligations of the parties, and that is electronically signed by the parties in compliance with the requirements for electronic contracts. The more you know about your online rights and who you are interacting with online, the better off you’ll be. Our Law Firm will help you to negotiate the best terms in your contract.
With the emergence of industrialization, westernization and development, the technological advances around the whole world have led to the drastic changes in the commerce and trade. Today, business and trade are not bound to any certain territorial boundaries and the need of physical presence at the place of contract.
Your website agreements are the contract between you and users, visitors, registered users, eCommerce customers, and anyone else who interacts with your business website.
We can help customize your website agreements to protect your company in compliance with the data protection and other applicable laws of Pakistan.
We are experienced in drafting following business contracts and electronic agreements for the clients.
E-Contracts are a complex subject in the Internet age. More and more companies, from startups to Fortune 100 companies, are creating new types of transactions with their customers that fit into this category. This not only includes information technology contracts, but also vendor contracts, personal loan contracts, e-commerce, consumers and even coffee shop contracts.
E-Contracts are an important part of any online business. When you buy products or services from an online store or vendor, you are usually required to sign an electronic contract. When you buy something from another person, you are also required to sign a contract. Most people are familiar with an agreement that comes on the internet. These agreements, called “terms & conditions”, “end user licenses” or “end user agreements,” cover the use of the services.
For example, when you’re trying to decide whether to buy an online service from a SaaS provider, there are a few factors that you should consider in your e-contract. Your SaaS provider should offer you a quality of service, but you should also ask about the service’s reliability. Do you have to pay a monthly fee? Are there any additional charges that don’t appear in the price section? What kind of support is available if you run into trouble with the services?
They usually have terms of service that limit what you can do with the service or product, or how you can use it. The problem is, many people have no awareness about the legality or enforceability of these agreements in Pakistan.
Browse-Wrap is a passive way of getting agreement to your term. In the Browse-Wrap method you provide a link of the Terms or Agreement in the footer of a website in the menu of Application. The context of the Browse-Wrap agreement is that by using the website/app you accept and agree to be bound by the terms of the contract.
In this method your user is considered to be accepting your terms simply by browsing your website or an app. But this passive approach may lead to the bulk of legal issues which may harm the business because of lack of user’s information and his explicit consent.
In other words, he was simply browsing your website and had not given a proper consent that would make him party to an agreement. As in Pakistan, the privacy law keeps evolving to offer better protection to the users therefore Browse Wrap will be phased out and deemed not according to the legal standards.
Click-Wrap is a preferred method for an online business for getting users to agree to its terms and conditions. In the Click-Wrap method you also provide a link of the agreement in the footer. However, the way you get users to agree is very different and legitimate.
In the Click-Wrap method the system shows the agreement to a user at the time when a user wants to subscribe the services or purchase a product. For example, as part of the Sign up or registration form process, a user must actively digitally sign by way of “Click” on the checkbox next to “I Agree” Button. This would ensure that users have read the terms and given his explicit consent and got engaged into the agreement.
Another example, if a website is using a cookie method to collect the data of the users, a pop-up message would show on the screen and users have two choices such as “Allow/Accept” or “Decline/Manage Cookie”. Clickwrap is a recommended way that will secure your interest from the user’s legal action against you.
An electronic agreement is a legal document on the internet that is used to establish the terms of a business relationship between two or more parties. An agreement can have different types of clauses, such as an agreement between a legal entity and a natural person (in a contract), or an agreement between two natural persons in a contract.
There are different types of electronic agreements that vary on the deal between the service provider and the consumer. An internet agreement is signed through the digital signatures. For example if you are signing up for the services of a SaaS provider and after filing the form you have to click the checkbox of the “Terms of Use”. The moment you click on the checkbox and sign up for the services, you have signed the agreement.
If we talk about the codified law then there is no act passed by the Parliament in order to ensure the enforceability but if we talk about its legality then the e-contracts are legal and enforceable.
We have derived this principle from the general and international practices that when a buyer enters into an agreement with the service provider on the internet after fulfilling the essentials of the contract i.e. offer, acceptance, consideration and time, then the agreement is enforceable.
Before drafting and publishing any electronic contract or agreement you should focus on the basic essentials of the contract which are as follows:
As the world of technology continues to grow, so do the number of electronic contracts used in today’s society. These contracts are not only used for products but they are also applied for the sale of services. Commonly, we rely on electronic contracts for making online transactions. From buying a laptop to buying a flat screen TV, to booking a flight, to setting up a bank account, or even buying a car, you’ve probably signed an electronic contract at least once.
But how do those electronic contracts stack up against traditional written contracts? Are they still enforceable? Are they effective? Electronic contracts are more common now than ever, but how do you know if the terms you’re agreeing to are fair? Most people have little knowledge about electronic contracts and how they work, which makes it difficult to discuss certain terms and conditions. What do you do when the other party doesn’t agree with the terms you’ve negotiated? What if your Internet service provider (ISP) changes your contract terms without telling you? Is there a way to challenge the terms in the contract?
Originally, an electronic contract is an electronic document. However, it turned into a complex issue when many online businesses demanded an electronic signature from the other party. This was because electronic transactions can be legally binding in a court of law without a physical contract. Such contracts are known to be both efficient and effective, but are usually just one-sided. That is to say, the parties that drafted the contract usually include the terms they want to agree upon, while the other side has to agree to the terms either without knowing anything about them, or after having an opportunity to disagree.
In Case A, the offeree may not know how much he’ll have to pay until receiving the digital offer.
In Case B, the offeree would have to wait to receive the electronic contract.
The Case Lawyer is a full-service law firm that is being driven by the expert lawyers of multiple domains such as Family & Personal Laws, Property & Revenue Laws, Financial Law, Corporate and Tax Laws, Information Technology Laws, International Laws, Offshore Business Laws, and obviously Immigration Laws of different countries.
The Case Lawyer is popular among the overseas community due to its transparent mechanism as well as cost-efficiency. Firm’s majority clients are non-resident Pakistanis which are satisfy with the legal services provided by the firm and definitely dispute resolution for overseas Pakistanis.
We have customized legal and litigation support for overseas Pakistanis as no other law firm in Pakistan is able to offer customized legal support. We have break down the entire process as follows;
We are virtually available 24/7 for your live legal support where you can discuss your concerns with our expert lawyers of multiple domains. You need to call on our business number and confirm appointment which is free of cost for initial consultation for 15 minutes but due to shortage of time and number of queries you need to pay 5000/- for subsequent consultation for next 30 minutes discussion with our lawyer.
We are serving our expatriates Pakistanis who are residing everywhere in the world from Australia, New Zealand, United Kingdom, Europe, United States, Canada, KSA, UAE, Qatar, Turkey, and other countries. We have redressed the grievance of hundreds of overseas clients who are satisfied with our extra-ordinary services and prompt responses.
Transparency in legal services for overseas Pakistanis is core concern which also is our main consideration. As most of the overseas Pakistani while residing abroad do not know what proceedings are being conducted in the court by their lawyers in Pakistan and this causes lack of trust and mis-information. We keep our overseas clients up to date regarding their case and clients are being informed through electronic mail and WhatsApp. We also share with them court orders which able them to understand what proceedings are being conducted by our lawyers.
We prefer reputation over money and this aspect makes us well reputed organization. Our communication with the clients is privileged in accordance with the legal ethics so we you must believe that we provide you an honest solution and our conversation with you is protected.
We prepare invoice after case analysis which clearly reflects documentation & filing expenses including court fee, lawyer’s professional fee, clerical expenses and other miscellaneous expenses which may incur time to time. This mechanism eliminates hidden cost which protects our client’s monetary concerns.
Furthermore, for convenience of Pakistani Expats we also have an option of installment plans but this varies upon case to case.