Can they change referenced terms after I sign the contract?

When can referenced terms be changed?

Referenced terms can sometimes be updated if the contract includes a clause allowing it. These clauses often explain how changes can be made and whether notice must be given.

In some cases, one party may be allowed to make changes on their own (called unilateral modification). For those changes to be enforceable, it usually requires:

• The contract clearly allows updates.
• You receive reasonable notice of the changes.
• Your agreement (assent) can be shown, either clearly or through your actions (like continuing to use the service).

If these conditions are met, the new terms may apply.

What if changes were made without notice?

If the contract requires notice of changes and none was given, the updated terms may not be enforceable.

If the contract is silent about updates, changes usually require mutual agreement. In that case, one party updating terms on their own may not be valid.

What to do next...

1. Review your contract for clauses about updating external terms.
2. Check whether notice was required and if it was given.
3. Look at whether you were expected to accept changes (for example, by continuing to use a service).
4. Identify which version of the terms applied when you signed.
5. Request clarification or confirm terms in a written amendment.

What to consider in your specific situation

While updates may be allowed in some cases, your situation may depend on several factors.

• Whether the contract allows unilateral changes to referenced terms.
• If the contract requires notice or consent for updates.
• Whether you were informed of the changes.
• The timing of when the updates were made.
• Local laws affecting enforceability of updated terms.
• The impact of the changes on your obligations.

Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.