When it comes to enforcing a contract, having a dependable e-signature solution is crucial. In Nigeria, The Nigerian Evidence Act 2011, Section 17 of the Cybercrimes (Prohibition and Prevention) Act, 2015, and Section 101 of the Companies and Allied Matters Act (CAMA) 2020 recognize electronic signatures as having the same legal validity as physical signatures in most cases. However, there’s a challenge: if a dispute arises over an agreement, it becomes necessary to prove the document’s authenticity and signature. This process is not as straightforward, as not all e-signatures are created equal. Many individuals and businesses learn this lesson the hard way, often after it’s too late.
The Dispute Dilemma
Let’s consider a typical agreement dispute scenario. A service provider (SP) finds themselves being sued by a customer (C) who claims a commercial right based on a specific agreement for professional services at a particular cost. SP denies liability and argues that the e-signed agreement states otherwise, such as different services to be provided or a requirement for dispute resolution through arbitration instead of a court lawsuit. C, on the other hand, denies having signed the agreement, putting both the agreement and the e-signature itself into question. To resolve the issue, SP must meet the burden of proof by demonstrating that C did indeed sign and agree to the specific terms and conditions outlined in the agreement.
The Pitfalls of Inadequate E-Signature Solutions
Unfortunately, many parties seeking to enforce agreements discover too late that they relied on a software vendor offering e-signing functionality without sufficient signer authentication capabilities. This lack of robustness in e-signature solutions can severely hinder the enforcement of agreements. At first glance, basic e-signature methods like scanned images or scribble signatures might appear sufficient, but an electronic signature entails more than just a digital representation of a signature. These simplistic e-signature solutions put customers’ agreements at risk, often unbeknownst to the customers until it’s too late.
Insufficient Protection Offered by No-Frills E-Signature Solutions
Numerous e-signature solutions in the market fail to provide the necessary workflows, audit trails, and other essential features that ensure agreements can be legally enforced. The vendors of these basic e-signature solutions often inform their customers that inexpensive or even free solutions lack the adequate protections found in more robust options. This issue was amplified during the COVID-19 pandemic when companies hastily implemented e-signature solutions without thoroughly considering their choices. Consequently, some organizations ended up managing multiple e-signature solutions from different providers, each with varying levels of security, authentication, and experience. Unfortunately, they often fail to realize the risk they expose themselves to, jeopardizing the enforceability of their digital agreements.
The Value of Choosing the Right E-Signature Solution
While price is a significant consideration when selecting an e-signature solution, the cost and risk of difficult or impossible-to-enforce agreements resulting from inadequate solutions should not be ignored. In today’s anywhere economy, where businesses and customers expect to execute contracts from virtually any location, it is crucial to evaluate e-signature solutions carefully and comprehensively.
Flowmono: The Comprehensive Solution
Flowmono offers a robust e-signature solution that addresses the challenges associated with enforcing contracts. It provides strong authentication, robust workflows, and a comprehensive audit trail, including a certificate of completion. By digitally sealing documents using Public Key Infrastructure (PKI) encryption, Flowmono ensures that electronic signatures are valid and alerts users if any tampering has occurred. Additionally, Flowmono employs geographically dispersed data centers with active and redundant systems and networks that are physically and logically separated. Their infrastructure includes commercial-grade firewalls, malware protection, near real-time replication, and data encryption in transit and at rest.
Flowmono Sign: A Trusted E-signature Solution
One e-signature solution that stands out for its reliability and effectiveness is the Flowmono sign. This solution has been extensively tested by its customers in court and has consistently proven to be a reliable tool for ensuring the enforceability of agreements. Flowmono’s approach combines strong authentication, secure workflows, and airtight document protection.
In the digital age, where contracts are often executed remotely and across borders, the importance of a reliable e-signature solution cannot be overstated. It is vital to choose an e-signature solution that offers robust authentication, secure workflows, and comprehensive document protection. By selecting a reputable solution like Flowmono, businesses, and individuals can ensure their agreements are legally enforceable, mitigating the risk of disputes and potential loss. Sign up today.
