Working remotely has its’ challenges. Negotiations conducted via Webex and emails are the new norm but be careful about what you put into writing.
We cannot ignore the importance of the wording we use when communicating via email or other e-communication channels, especially not when it may result in a binding agreement. Did you know that “simply signing your name at the end of a WhatsApp message or e-mail is enough to constitute a binding agreement”?1
If emails are often thought to be binding according to the law, it is important to specify to your staff, customers and suppliers that when you begin negotiations, a signed contract must be concluded via your chosen eContracting platform because “nobody likes to be misunderstood or have their words misconstrued”.2
The good news is that a digital signature is considered more secure and can have a greater evidential weight than traditional signatures. An eContracting platform is the digital witness to a negotiation and should be able to provide sufficient evidential weight3 by:
- authenticating the recipient and intention of both parties
- providing timestamping
- generating, storing and communicating the data message reliably
- ensuring the integrity of the message is maintained
South Africans rely heavily on mobile phones as a method of communication, so choose a flexible eContracting platform that offers various channels to send a message to a recipient.
The move towards eContracting is not as complicated as you may think. Our Click & Sign platform is versatile and user friendly so check it out in a short video here.
A couple of weeks into our lockdown and social distancing lifestyle, and we can safely say that the pace at which we have adapted has been on steroids. Now business-as-usual-post-April-2020 must continue. Solutions such as eContracting will simplify a paper process that has been outdated for longer than lockdown.