Click Wrap Agreement
A Click Wrap Agreement is a software licence between your business and its customers.
4.4 (5 reviews)
Last updated December 19, 2024
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
A Click Wrap Agreement is a general software licence for sales of downloadable software from your website to a consumer. This licence sets out the terms and conditions for your software and can be used on your website for all customers that wish to purchase software from the website.
What’s the difference between a Click Wrap Agreement and browse wrap agreement?
Unlike a Click Wrap Agreement, a Browse Wrap Agreement does not require the user to review the terms and conditions before accepting the contract, making the Browse Wrap Agreement harder to enforce.
How legally enforceable is a Click Wrap Agreement?
Once the user has scrolled through the terms and conditions and clicked the relevant box/ button, this means the user has taken positive steps to accept the agreement, making it an enforceable agreement governed by the relevant contract laws.
What buttons can be used to signify click wrap?
Website owners would often use a button labelled “I Agree” or “I accept” to signify a Click Wrap Agreement.
What’s the difference between a Click Wrap Agreement and browse wrap agreement?
Unlike a Click Wrap Agreement, a Browse Wrap Agreement does not require the user to review the terms and conditions before accepting the contract, making the Browse Wrap Agreement harder to enforce.
How legally enforceable is a Click Wrap Agreement?
Once the user has scrolled through the terms and conditions and clicked the relevant box/ button, this means the user has taken positive steps to accept the agreement, making it an enforceable agreement governed by the relevant contract laws.
What buttons can be used to signify click wrap?
Website owners would often use a button labelled “I Agree” or “I accept” to signify a Click Wrap Agreement.
Other documents you may need:
- Software License Agreement (Licensee)
- Software License Agreement (Licensor)
- End User License Agreement
The Legal Risk Score of a Click Wrap Agreement Template
Our legal team have marked this document as low risk considering:
- The software cannot be guaranteed to be error-free, and the presence of errors does not constitute a breach of the license agreement, potentially leaving users without recourse for software issues that may arise.
- The limitation of liability clauses significantly reduce the legal remedies available to the user for any indirect or consequential damages resulting from the use of the software.
- The exclusion of the United Nations Convention on Contracts for the International Sale of Goods indicates that certain international legal protections typically available may not apply, which could affect users engaged in international operations.
Click Wrap Agreement Checklist
Complete your free Click Wrap Agreement with our checklist
Ensure Proper Use of Software
Ensure that all employees, subcontractors, and agents who have authorized access are fully aware of the terms of the license and use the software accordingly.
Backup and Security Measures
Create a backup copy of the software for security purposes, as stipulated in the license agreement.
Monitor Compliance
Regularly review and monitor the usage of the software to ensure it complies with the licensing terms, especially regarding copying, modifying, or distributing the software.
Prepare for Subscription Continuation
If planning to continue using the software post-trial, ensure timely payment of the monthly subscription fee as required to avoid any interruptions or breaches of the license terms.
It's never been so easy
Sign-up to a free Lawpath account
Get started and we’ll take care of you. It’s that easy.
Collaborate with e-Sign and Sharing
Having access to your legal documents has never been easier. You can request e-signature, share the document and download for an efficient collaboration.
Create unlimited legal documents and eSignatures for only $39/month.
Upgrade to a Lawpath legal plan to boost your new business.
Here's what people say about Lawpath’s Click Wrap Agreement
Reviews are managed by BazaarVoice and comply with the BazaarVoice Authenticity Policy. Reviews are independently verified by BazaarVoice and detail our customers' real experiences.