Service agreement signing

[vxd]

Hi All!

Is it ok for the client to sign the service agreement and then email it back to me or would I need the original copy with the client's signature?

I just really want to know if it's still legally binding.

Thanks
vxd

[frenzy3]

Org copy scaned images are just copies you need to keep org

[tuna]

Org copy scaned images are just copies you need to keep org

Is that a legal opinion or just your own.

As that would mean exchanging contracts where you both sign and have original copies

[vxd]

So I should be fine with just the scanned version of the client's Signature?

[tuna]

So I should be fine with just the scanned version of the client's Signature?

This all depends... Can't give you any advice on this one.

[heist]

I can't advise you legally, but I can tell you that we generally accept scanned/faxed copies of client signatures as binding.

[vxd]

Great Thanks,

I don't think I'll run into any problems it's just I've never dealt with a client that I haven't met face to face with.

[frenzy3]

my solicitor always say's to have the original .. scanned and faxed are not acceptable .. i say get legal advice

[vxd]

I've decided to mail the SA out

[benmay]

Even then, where do you stop?

Has it been witnessed by a JP or Solicitor or someone? If not then it's not worth the paper it's written on is most cases? And even then, there is probably 100 loop holes if it was serious :)

We still do it as a general rule, but if it all turned sour, as in really sour, then it probably would mean very little in court if your clients were legally savvy

[Vee]

then it probably would mean very little in court if your clients were legally savvy

Get legally savvy yourself? Go get yourself some solid advice from a good legal-eagle perhaps.

[benmay]

I have :) and that was my tale..

Not that I can give legal advise either </waiver>

[FionaFell]

I'd advise you to speak with a lawyer, and get advise specific to your business, the project $ value and the level of risk you are willing and able to take.

Make sure that you communicate with the client that the contract protects their interests as well as yours. Keep the conversation headed in the 'everyone wins' direction and most will not have trouble signing and returning a paper copy of their contract.

[harmonysteel]

I've been researching this issue myself and have just written away for some legal advice so I'll let you know how that goes.

These links may also help:

How should a company sign an agreement?
http://sblegal.innovation.gov.au/Lists/New%20Relevant%20Legal%20Issues/DispForm.aspx?ID=731&RootFolder=*

How should an individual sign an agreement?
http://sblegal.innovation.gov.au/Lists/New%20Relevant%20Legal%20Issues/DispForm.aspx?ID=732&RootFolder=*

[harmonysteel]

I've heard back on that issue from a Solicitor if it helps:

A signature on a contract is evidence that the party has agreed to the terms.

Courts accept the "best evidence" available when a dispute arises - the weight given to evidence varies according to how direct it is.

As a result of the quality of fax images the production to a court of such evidence is usually considered strong evidence .

As a result holding a fax of a signed contract will usually be sufficient.

There are some areas of law where, as a result of legislation, holding of a faxed contract signature will not be sufficient to form a binding contract. For example in Queensland the Propery Agent and Motor Dealer's Act places complicated proceedures on formation of contracts by exchange of faxes - so much so that most lawyers will recommend against attempting to create a legally binding contract for the sale of residential property by exchange of faxes.

There may be similar issues in other states and relating to different types of transactions.

Yoy should satisfy your self that the type of contract that you are dealing with does not have any similar issues.

[tuna]

Harmonysteel thanks for this, lol , another reason to have a damn fax line.... :(

[kay]

Harmonysteel thanks for this, lol , another reason to have a damn fax line.... :(

utbox.net

only problem is, credit expires and we NEVER use it all up!

[madpilot]

Yeah, same with me, although I had to send a fax yesterday! First time in past 12 months I reckon.