What are E-contracts and How to Create Them

October 16, 2024
9 Min

Spending hour after hour only to end up with error-filled documents? Sprained your eyes and fingers finding and replacing prospect and customer names?

What are E-contracts and How to Create Them

Rohit
Oct 16, 2024
9 Min

Contents

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If you've ever signed a contract received via email, you've already interacted with an e-contract. Essentially any contract you create and sign online falls into this category.

However, beyond being a modern alternative to traditional paper contracts, e-contracts improve and speed up the contract management lifecycle. With the added benefits of automation, you can manage high volumes of agreements efficiently, reduce costs, and close deals faster.

In this article, we'll explore the various types of e-contracts, how they benefit your business, and how you can start creating yours immediately.

What is an E-contract?

E-contracts or electronic contracts, are agreements created, signed, and managed digitally, unlike traditional paper contracts. They streamline the contract creation and management process, often using email, document management systems, or specialized contract management software.

E-contracts are usually shared in the following formats:

  1. PDF: Widely used for its consistent formatting across different devices and platforms, ensuring documents appear the same to all parties. 
  2. HTML: Common for online agreements, such as terms of service and privacy policies. These agreements are embedded directly into web pages and may use interactive elements for acceptance.
  3. DOCX: Editable e-contract often used during negotiation stages. However, once finalized, they're converted to PDF or other secure formats to sign and store.
  4. XML: Structured data and integration with other systems often used in business-to-business transactions where data needs to be shared between systems.
  5. Digital Forms: Interactive forms used for agreements where users can input data and digitally sign. Often integrated with e-signature platforms to complete the process.

What are the Types of E-contract?

The common types of e-contracts for online transactions are:

Browsewrap agreements

These are online contracts you enter by clicking or scrolling on a website or online store. Terms and conditions are often listed at the bottom of the page via a hyperlink, but you're not required to click or acknowledge them before proceeding.

While browsewrap agreements are legally enforceable, Ironclad Litigation Trends Report indicates they have a zero win rate due to their passive nature, which makes it challenging to prove that users had reasonable notice of the terms.

Clickwrap agreements

Also known as click-through or click-to-accept agreements, these agreements are the most common type of web contract.

They constitute 62% of contract litigations due to their explicit requirement for users to click an "I agree" button or checkbox after reviewing the terms, either through hyperlinks or a scroll box. This deliberate action to accept the terms before proceeding is why clickwrap agreements have the highest win rate at 87%.

Sign-in wrap agreements

Sign-in wrap agreements are a middle ground between browsewrap and clickwrap agreements. In these agreements, users agree to terms and conditions by creating an account, logging in, or using a service.

The term notice is typically placed near the sign-in or registration button, making it more explicit than browsewrap agreements. However, the lack of active agreement explains their 68% win rate behind clickwrap.

E-signature contracts

Unlike the previously mentioned online agreements that are embedded online, you create and share e-signature contracts directly with the user. 

These contracts are sent through e-signature or document automation tools like Docupilot. They're often used for  employment, sales, or leases.

Are E-contracts Legally Binding?

According to the Electronic Signatures in Global and National Commerce Act (ESIGN) Act and the Uniform Electronic Transactions Act (UETA), electronic records and signatures carry the same legal status as paper contracts and handwritten signatures. Hence, courts treat them similarly to paper contracts and scrutinize them for traditional common law requirements like offer and acceptance.

However, if they're clickwrap, browsewrap, or sign-in wrap, they're checked for additional requirements for enforceability under the ESIGN Act and UETA requirements like:

  • Consent: Parties involved must consent to use electronic signatures.
  • Intent: Electronic signature must show clear intent to sign the document.
  • Association: Signatures must be logically associated with the relevant record.
  • Retention: Electronic records must be retained and accurately reproduced.

Why Should You Create  E-contracts?

Here are some reasons you should adopt e-contracts for your business:

Cost savings

In traditional contract systems, businesses rely heavily on physical resources like paper, ink, printers, cabinets, and even courier services to create, manage, and distribute agreements. If you add them up, over time, your company spends a significant amount. Beyond that, the tedious process and maintenance lead to a high labor cost.

But with e-contracts, one tool can replace all the physical resources and streamline the contracting process, reducing cost and freeing employees to focus on other business-critical tasks.

Wondering how much you can save from contract digitization? A UK retail business CTO, improved revenue margins by 7.5% as recorded by a WCC report:

Easier access and management

According to EY reports, 45% of businesses lack a defined process for storing contracts, and 90% struggle to locate them. If you store contracts in physical files or cabinets, you're likely facing these issues. Beyond the frustration of searching, losing contracts can jeopardize your ability to defend yourself in disputes.

Cloud-based e-contract tools provide peace of mind by allowing you to access your contracts anytime from any device with internet access. Tools like Docupilot offer centralized storage, letting you organize contracts into folders, and use search functionality to manage large volumes efficiently.

Speed and efficiency

Traditional contracts can take days or weeks to finalize due to physical signatures, mailing delays, or in-person meetings. E-contracts streamline the process by handling everything digitally.

Once you prepare your contract, you can send it instantly via email or a contract management platform. Recipients can review and sign electronically within minutes, regardless of location.

E-contracts tools can notify you of pending signatures and follow-ups, ensuring fast workflow progress. This efficiency speeds up processes like deal closing, and employee onboarding.

Improved security

Storing contracts in physical files exposes them to risks of being damaged and stolen, putting you at the risk of breach and legal dispute. Moreover, unauthorized access to these files can occur without trace, making it difficult to identify breaches in confidentiality or integrity.

E-contracts provide a more secure solution especially when using softwares with features like encryption for protecting sensitive data during transmission and storage, access control for setting permissions and audit trails that track every action on a document. These features ensure only authorized parties can access or modify your contracts.

Automation

If you handle a large volume of contracts and think that digitizing them only means manually copying and pasting each party's data, you're missing out.

E-contracts can scale your document generation process through automation. You only need to set up your workflow once—create a standardized template and integrate it with your data sources—and the system will start generating custom contracts whenever triggered.

This approach boosts efficiency and reduces errors caused by manual copy-pasting, ensuring you always appear professional.

However, not all e-contract tools offer automation for contract creation; some are designed for manual processes. To benefit from automation, use Docupilot, which combines flexibility with automation capabilities.

What are the Business Use Cases of E-contracts?

Here are some areas of your business e-contracts can have a significant impact:

Human resources

Hiring new employees involves creating, signing, and processing multiple agreements like employment contracts, non-disclosure agreements, and benefits forms. This paperwork delays onboarding, especially when hiring remotely or at scale.

E-contracts solve this problem by allowing HR teams to send contracts digitally. New hires can quickly review and sign these documents from anywhere. This eliminates unnecessary delays in resumption, improves the candidate experience, and allows HR teams to manage high-volume recruitment more efficiently.

Sales

One of the key challenges sales representatives faced in 2023 was  extended sales cycles. Adding manual contract term negotiation and revisions only prolonged deal closure.

With e-contracts, sales reps can use document automation software to quickly generate personalized contracts from existing templates. These tools also offer real-time commenting for collaborative negotiations, allowing clients and reps to discuss terms instantly.

Procurement

Procurement contracts often involve approvals from multiple departments including legal teams, team leads, and the finance department. Co-ordinating approvals through email or physical signatures can cause significant delays.

E-contracts enable all parties to review, approve, and sign contracts from a centralized platform. This reduces turnaround time and allows procurement teams to secure vendor agreements faster and start the supply chain process. The entire workflow becomes more efficient, helping avoid delays that could disrupt operations or increase costs.

How Do You Create E-contracts With Docupilot?

Start by signing in to Docupilot and creating a template.

You can create your template in various ways: from scratch, by importing an existing one, choosing from the template library, or using the AI Template Generator.

For this example, we'll use the AI Template Generator. To access it, click the AI Template Generator icon in the sidebar.

Describe the type of contract you want (e.g. sales contract) and any specific details you want included. Note that the more detailed your prompt, the better the outcome.

Next, copy the template source code. Return to the Docupilot dashboard, generate a new template, and click “Source” in the editor.

Paste the source code you copied earlier and generate.

You can edit the template using the formatting tools if needed.

If you're creating a one-off contract, replace the placeholders with your data, download the document, and you’re done. For automated contract generation, keep reading.

Continue by clicking the Merge Field type to see the available options.

Focus on tokens, which are the placeholders in your template. If you’ve removed them, write your variables (e.g., name, address, amount) in the token field, place your cursor where you want the token to appear, and click insert.

Click “Test” to fill in the form with your variables and check the results.

Docupilot will replace the variables with the actual data and allow you to download the document.

To fully automate the process, use the bulk merge feature and integrate data sources like Excel, forms, and CRMs with Docupilot using Make or Zapier.

Sign e-contracts with Docupilot

Once you've automated contract generation, click the Delivery tab above the page. Docupilot offers native integrations with signing tools like Yousign, DocuSign, SignNow, Signable, and Eversign.

Choose a signing tool and follow the integration process.

This setup ensures your documents auto-route to recipients and you receive notifications once they are signed.

Docupilot: An Effective Tool to Generate E-Contracts

E-contracts—whether clickwrap, sign-in wrap, or e-signature agreements—offer a practical solution for modern business needs. They are efficient, cost-effective, and simplify contract management. With contract automation tools like Docupilot, businesses can streamline the entire contract lifecycle—from creation and signing to storage—enhancing accuracy, reducing manual tasks, and boosting productivity.

Sign up to Docupilot for free to start automating, signing, and managing your contracts with ease.

Did you know?

According to a Thompson Reuters, respondents who use document automation for lease agreements (22%) report that they have time to Leverage workflows to develop new business models with clients and Win new clients with better business development.