Walden,
That makes a lot of sense. The customers are repeat, and do sign a contract
to get signed up. Unfortunately, for very old customers, they can't find the
contracts..
I will pass all this on.
Jim
----- Original Message -----
From: "Walden H. Leverich" <waldenl@xxxxxxxxxxxxxxx>
To: "Web Enabling the AS400 / iSeries" <web400@xxxxxxxxxxxx>
Sent: Saturday, July 04, 2009 4:32 PM
Subject: Re: [WEB400] Proof of accepting web orders from customers
Jim,
First, tell the company lawyer to get additional counsel from someone
versed in the legalities of this. If you're looking for real protection
then you want a "signature" not a checkbox. That does not mean you need a
pen-and-paper signature, but they (the user) needs to do something to
"sign" the agreement. Clinton signed a law that states that a signature
cannot be challenged solely on the fact that it's electronic (Electronic
Signatures in Commerce Act, IIRC).
I would certainly capture the remote IP address, and it can't hurt to
capture the exact text they're agreeing to. Text changes over time, this
way you can say "This was exactly what you read" after all disk is cheap.
Also, if customers sign in to the system, are there many repeat customers?
Would it be possible/advisable to get an initial _paper_ signature from
the customer stating that they agree to use electronic signatures for all
transactions moving forward. I know, for example, that if you wish to
submit e-signatures to the FDA you must first have sent them a paper
document stating that you plan to do this. If you're dealing with lots of
one-off customers that's not very feasible, but if you're dealing with
many repeats it is.
Finally, if the company lawyer is asking for "better proof" ask HIM/HER to
define that proof. You don't want to be the one blamed at a later point
when the proof you recorded isn't sufficient.
-Walden
--
Walden H Leverich III
Tech Software
(516) 627-3800 x3051
waldenl@xxxxxxxxxxxxxxx <mailto:waldenl@xxxxxxxxxxxxxxx>
http://www.TechSoftInc.com <http://www.techsoftinc.com/>
Quiquid latine dictum sit altum viditur. (Whatever is said in Latin seems
profound.)
________________________________
From: web400-bounces@xxxxxxxxxxxx on behalf of Jim Franz
Sent: Fri 03-Jul-09 3:29 PM
To: web400@xxxxxxxxxxxx
Subject: [WEB400] Proof of accepting web orders from customers
Co lawyer has asked for some sort of "proof" the customer clicked on the
"I Accept" button on the web screen to place an order.
That screen has 8 lines of legal text, so when they click to place order
they are accepting the conditions of the text.
What do people normally keep to later prove the customer did place the
order with that text?
I already capture things like date, time, user id (not a public
site-customer's log in), but do I need a picture of the screen as it
appeared?
Do I need ip address that I see on some web receipts?
Approx 2500 orders a month and they do already keep a one page order
report with details of the order, but it is just text.
This is not selling a product, but selling a service (construction liens
and notice to owner), and there can be big lawsuits if the service is
faulty, the legal text caps the liability.
Jim Franz
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