Online Agreements like social networking sites, software licenses, and cloud storage are called "Click to Accept". These Agreements consist of “fine print” terms that can violate UC policy or our bylaws, and are difficult to manage. The tiny or hidden text (via link) often includes unfavorable terms and conditions. Cambridge Dictionary states fine print is sometimes written "in the hope that it will not be noticed." But, these tend to be pretty important!
Such terms that can be problematic for your department or UCSB include:
- Auto-renewal terms
- Cost increases and hidden fees
- Exclusivity
- Limitation of Liability
- No warranties
- Use of University’s name/logo for marketing purposes
- Use of your data with perpetual license
- Hold harmless or indemnification of third parties
- Arbitration/Mediation
- Governing Law
The University's first position is to enter into a written, signed contract that includes compliance with UC policy and the Standing Order. Procurement exists to protect your department and the University. However, some vendors refuse to accept any changes to their "Click to Accept" process. Contact Risk Management to determine the risk associated with clicking "Accept" if your department chooses to proceed after attempting first to enter into a contract with the Regents through Procurement. Clicking "Accept" can mean you are entering into the contract personally, i.e. not on behalf of the UC.