eCommerce Agreements

Online agreements are only worth what a court will enforce, and most disputes over website terms come down to whether customers provided meaningful assent. Hank drafts and structures contracts that eCommerce businesses depend on, both customer-facing terms and back-end vendor and platform agreements, so you are protected when those terms are tested in a dispute.

How a user accepts terms of service may determine whether those terms bind. Clickwrap, where a customer checks a box or clicks a button next to a visible link, is routinely enforced because the user took an affirmative action demonstrating agreement. Browsewrap, where terms appear only in a footer link and continued site use is treated as acceptance, often fails because courts won't bind customers to terms they had no reasonable opportunity to review. Hank builds acceptance mechanisms into your checkout and sign-up flows, captures timestamped records of each user's assent, and drafts arbitration, class-waiver, and liability-limitation provisions that are enforceable only when proper consent supports them.

Behind every storefront, a second layer of agreements keeps a business running. Website and app development contracts govern who owns code and deliverables. Hosting, payment-processing, and fulfillment agreements establish how payment and goods transfer between parties. Marketplace terms from Amazon, Shopify, or an app store impose obligations a seller must accept to list products, and Hank reviews those terms so you understand what you're agreeing to. He also drafts disclosures that federal and state law now require of online sellers, including auto-renewal and subscription terms that sellers must present and obtain separate consent for before charging, return and refund policies, and privacy and data-handling provisions that apply to every transaction.

Hank has drafted eCommerce documentation for online retailers, subscription and SaaS businesses, developers and agencies, and marketers launching new sites and platforms. Every engagement works toward the same result, agreements that reflect how your business operates and that perform when a customer, a platform, or a court examines them.