59.1-483 - Use of electronic records and electronic signatures; variation by agreement. - Virginia Statutes

§ 59.1-483. Use of electronic records and electronic signatures; variation byagreement.

(a) This chapter does not require a record or signature to be created,generated, sent, communicated, received, stored, or otherwise processed orused by electronic means or in electronic form.

(b) This chapter applies only to transactions between parties each of whichhas agreed to conduct transactions by electronic means. Whether the partiesagree to conduct a transaction by electronic means is determined from thecontext and surrounding circumstances, including the parties' conduct. Exceptfor a separate and optional agreement the primary purpose of which is toauthorize a transaction to be conducted by electronic means, an agreement toconduct a transaction electronically may not be contained in a standard formcontract unless that term is conspicuously displayed and separately consentedto. An agreement to conduct a transaction electronically may not be inferredsolely from the fact that a party has used electronic means to pay an accountor register a purchase warranty. This subsection may not be varied byagreement.

(c) A party that agrees to conduct a transaction by electronic means mayrefuse to conduct other transactions by electronic means. The right grantedby this subsection may not be waived by agreement.

(d) Except as otherwise provided in this chapter, the effect of any of theprovisions of this chapter may be varied by agreement. The presence in thischapter of the words "unless otherwise agreed," or words of similar import,does not imply that the effect of other provisions may not be varied byagreement.

(e) Whether an electronic record or electronic signature has legalconsequences is determined by this chapter and other applicable law.

(2000, c. 995.)