¶¶Òõ¶ÌÊÓƵ

The Click Wrap Agreement serves as a crucial legal instrument for businesses operating digital platforms or providing online services in South Africa. This document type is specifically designed to comply with South African legislation, including ECTA, CPA, and POPIA, while facilitating efficient online contract formation. It is particularly relevant for companies offering digital services, software, or online platforms where traditional signed agreements are impractical. The Click Wrap Agreement typically includes terms of service, user obligations, data protection provisions, and compliance requirements, presented in a format where users must actively indicate acceptance through a digital action. This format has gained significant legal recognition in South Africa, particularly following the enactment of ECTA, which specifically addresses electronic transactions and agreements.

1. Parties: Identification of the service provider/company and definition of the user/customer

2. Background: Context of the agreement and purpose of the online service or product

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including technical terms specific to online services

4. Agreement Formation: How the agreement is formed through the click-wrap process and when it becomes binding

5. Service/Product Description: Detailed description of the services or products being offered

6. User Obligations and Conduct: User responsibilities, acceptable use policies, and compliance requirements

7. Company Obligations: Company's commitments, service levels, and responsibilities

8. Privacy and Data Protection: POPIA compliance, data collection, processing, and protection measures

9. Electronic Communications: Consent to electronic communications and ECTA compliance provisions

10. Intellectual Property: IP rights, licensing terms, and restrictions on use

11. Payment Terms: Pricing, payment methods, and billing procedures

12. Term and Termination: Duration, renewal, and termination provisions

13. Limitation of Liability: Liability limitations and disclaimers compliant with CPA

14. Dispute Resolution: Process for handling disputes and jurisdiction

15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and governing law