Something that I've been wondering for a while now... On any of my projects, I like to reach an agreement with the client beforehand about exactly what needs done, price, timescale etc. then draw all that up in a contract document and email it to them (more often than not, they're on the other side of the world, so getting a real-life signature isn't viable - although it would be possible via fax, I suppose) They then email back stating their acceptance. If this conversation is held, for example, over a web-based mail service like GMail where the conversation is, for all intents and purposes, saved remotely and is untouchable by both parties (I could easily delete the messages, but I cannot modify them) would this count as a valid legal agreement if the client said in no uncertain terms that they agreed to the contract? Or, to cut a long story short - Contractual agreements over the internet: What's the best way to go about it?
If you are in the US, the law that governs this is the US E-Sign Act of 2000. It stipulates that that electronic measures can be deemed a legally binding signature. This can be a text box where they sign their name, a check box, etc.... That being said, if the person that you are contracting with is in another country, their laws may not recognize this. Even if they do, enforcement is a whole different issue. In this instance, I think your best bet would be to make up the contract and have them fax back the signed contract. This way, the other parties will have a harder time claiming you made changes to the contract after the "signing". A second option would be to make the contract a web form and once signed email a PDF copy to both parties (yourself and the contractor). There have been cases where email has been held up as legally binding, but it seems to be more highly scrutinized than other methods. Search wikipedia for "electronic signature" and that will provide several good links.
Somebody give this man a green rep. I'm all out of rep for the day apparently. That's some good info though. Thanks.
You don't even need a writing of any kind. You can make an oral contract that is legally binding. The emails are proof and evidence of that oral contract. The real issue is always how to enforce the contract. With someone half way around the world, it is highly unlikely you will ever sue to enforce. In that case the contract servers more so that everyone is on the same page as to the scope of the work and who is doing what for how much money.