Can I purchase/subscribe to software online with my NC State Pcard? If I do am I signing a contract?

The answer is maybe? So, what do I mean by maybe? What I mean is before you set up an account online for any software and “agree” to the terms please check with the IT department first to see if the software has been approved by central IT by emailing pcom_support@ncsu.edu. Because you are signing a contract, it is called a Clickwrap agreement.

Why am I requesting you to do this? Because when you sign up for an account online for software or really anything, on behalf of NC state you are agreeing to what is called a clickwrap agreement. And YOU CAN NOT do this without prior approval.

What is a clickwrap agreement? A Clickwrap agreement is:

  • An agreement is also known as a click-accept, click to sign, or clickthrough agreement that users agree to by clicking a button or checking a box that says “I agree.” It is the act of signing something via an electronic signature replaced with the act of clicking. This also includes related types of sign-in-wraps (where clicking “register” or “sign-in” constitutes acceptance to the terms) or browserwraps (where using the site indicates acceptance of the terms).
  • Because clickwrap agreements require users to affirmatively agree to a contract by checking a box or clicking a button, a clickwrap is the most enforced type of online agreement. Clickwraps have maintained the highest success rate in court, in 2020 alone clickwrap agreements had a 70% success rate.

To learn more about Clickwraps and to understand the NC state university policy please review below:

https://software.ncsu.edu/software-licensing-management/clickwraps/

“Software clickwrap agreements require a user to click “I agree” or “I accept” before the
software can be downloaded or installed. Recent court decisions have made it clear that
clickwrap agreements are legal and binding contracts and therefore are subject to university contracting policy. Under this policy, these agreements may only be entered into by someone who has authority to enter into a contract binding the University. Another issue that the University faces with these agreements is that they generally contain provisions that are prohibited by North Carolina law.”