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Account Services Agreement

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ACCOUNT SERVICES AGREEMENT

This Account Services Agreement (the "Agreement") is entered into as of by and between:

RECITALS

WHEREAS, Client maintains one or more accounts and requires professional account management and related services for the accounts identified in this Agreement; and

WHEREAS, Service Provider is duly qualified and experienced to provide account services, including but not limited to reconciliation, reporting, transaction processing, and advisory services; and

WHEREAS, the parties desire to set forth their agreement regarding the nature, scope, compensation and terms applicable to Service Provider's performance of account services for Client.

SCOPE OF SERVICES

Service Provider shall perform the account services described below in a professional and workmanlike manner consistent with industry standards. Services shall include all tasks, deliverables and performance standards set forth in this Section and any attached schedules.

PAYMENT TERMS

Client shall pay Service Provider the fees set forth below in consideration for the services performed. All fees are exclusive of any applicable taxes which shall be borne by Client unless otherwise required by law.

If Client fails to pay undisputed amounts when due, Service Provider may suspend performance after providing written notice and a reasonable opportunity to cure not less than the number of days specified in Invoice Due above. Client is responsible for all collection costs and reasonable attorneys' fees incurred by Service Provider in enforcing payment.

TERM AND TERMINATION

The term of this Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate for cause if the other party materially breaches this Agreement and fails to cure within thirty (30) days after receipt of written notice of such breach.

Upon termination, Service Provider shall deliver any completed work and Client shall pay all fees and expenses accrued through the effective date of termination. Sections that by their nature survive termination shall remain in effect.

CONFIDENTIALITY

Each party (the "Recipient") shall keep in strict confidence all Confidential Information disclosed by the other party (the "Discloser") and shall not use such information except to perform its obligations under this Agreement. "Confidential Information" means non-public information disclosed in any form that is designated as confidential or that reasonably should be understood to be confidential. Confidential Information does not include information that is (a) known to the Recipient prior to disclosure, (b) becomes publicly available other than through the Recipient's breach, (c) is rightfully received from a third party without breach, or (d) independently developed without use of Discloser's Confidential Information.

The Recipient shall protect Confidential Information with at least the same degree of care it uses to protect its own confidential information but in no event less than reasonable care. The obligations of confidentiality shall continue for a period of three (3) years after termination of this Agreement unless otherwise required by law.

DATA SECURITY AND COMPLIANCE

Service Provider shall implement and maintain administrative, physical and technical safeguards reasonably designed to protect the confidentiality, integrity and availability of Client data. Service Provider shall comply with applicable laws and regulations relating to data protection and privacy in performing services under this Agreement.

INTELLECTUAL PROPERTY; DELIVERABLES

Unless otherwise agreed in writing, Service Provider retains all right, title and interest in methodologies, tools, templates and general know-how used or developed in performing the services. Client is granted a nonexclusive, nontransferable license to use deliverables provided hereunder solely for Client's internal business purposes. Any third-party materials remain subject to the applicable third-party license terms.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising from the indemnifying party's gross negligence, willful misconduct or breach of its obligations under this Agreement. EXCEPT FOR LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR BREACH OF CONFIDENTIALITY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE AGGREGATE LIABILITY OF A PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO SERVICE PROVIDER UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.

NOTICES

All notices or communications required or permitted under this Agreement shall be in writing and delivered to the contact information set forth below by hand, nationally recognized overnight courier, or certified mail (return receipt requested), or by email with confirmation of receipt.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in said state for disputes arising under this Agreement.

ENTIRE AGREEMENT

This Agreement (including all schedules and exhibits, if any) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach shall be deemed a waiver of subsequent breaches. The parties are independent contractors and nothing in this Agreement creates an agency, partnership or employment relationship.

Client:

By:

Date:

Service Provider:

By:

Date:

Enter text✕

What an Account Services Agreement Covers

An Account Services Agreement is a written contract that sets out the terms, responsibilities, and operational details governing services between a financial institution or service provider and a client. It typically covers the scope of services, fee schedules, account set-up and access rules, billing and payment terms, data handling and privacy, liability limits, termination rights, and the processes for amendments or dispute resolution. The agreement clarifies who may access or control accounts, defines responsibilities for ancillary services (such as ACH origination or custodial services), and creates an enforceable record of the parties’ expectations during the relationship.

Why a Clear Agreement Matters

A well-drafted Account Services Agreement reduces operational risk, clarifies fee and liability allocation, and creates enforceable expectations for access and performance under ESIGN and UETA where applicable.

Why a Clear Agreement Matters

Who Typically Creates and Signs These Agreements

The document helps each party identify signatory authority, service levels, reporting requirements, and data-protection obligations before services begin.

  • Commercial banks and credit unions managing business account services, treasury, and payments, with compliance and operations teams reviewing terms.
  • Fintech and payment service providers offering account-linked services such as ACH, card processing, or custodial accounts to corporate clients.
  • Corporate accounting, procurement, and legal teams that require clear billing, reconciliation, and data-handling provisions.

Primary Signers and Their Roles

Accounts Manager

Responsible for operational onboarding and daily reconciliation. Reviews fee schedules, ensures authorized signers are recorded, and confirms routing of statements and notifications to the correct internal owners.

Compliance Officer

Checks anti-money-laundering, privacy, and regulatory clauses. Verifies identity-proofing, retention obligations, and whether the agreement requires a Business Associate Agreement or specific consumer disclosures under federal law.

Essential Data and Fields You Must Include

Legal Entity Name: Full registered name
Account Number: Bank or client account ID
Authorized Signers: Names and titles
Service Description: Precise services list
Fees and Billing: Schedule and method
Effective Date: MM/DD/YYYY format

Step-by-Step: Completing an Account Services Agreement

Follow these sequential steps to complete the agreement, verify signatory authority, and prepare for electronic execution and record retention.

  • 01
    Gather Parties: Confirm full legal names and addresses for all parties.
  • 02
    Define Services: Describe the account services and any exclusions.
  • 03
    Set Fees: Insert fee schedule, billing frequency, and dispute process.
  • 04
    Sign and Date: Obtain authorized signatures and effective date.

How to Configure an Online Completion Workflow

Set up a reliable digital workflow so each signer receives the appropriate fields, authentication, and a final certified copy.

Field Configuration
Signature Authentication Email link with optional SMS code
Routing Order Sequential or parallel signer order
Required Fields Make name, date, and initials mandatory
Audit Settings Enable timestamps and IP capture

Where to Send and How to Submit

Determine final destinations for countersigned copies and the authoritative storage method before sending the document for signature.

  • Provider Portal: Upload to the service provider’s secure portal
  • Email Delivery: Send certified PDF via secure email
  • Electronic Signature: Complete via an eSignature platform with audit trail
  • File Retention: Store executed copy in your records management system

Digital Signing and Platform Considerations

Choose a platform that supports the required authentication, audit trail, and integrations for efficient execution.

  • Authentication: Email, SMS, or advanced methods
  • Integrations: Salesforce, NetSuite, Microsoft 365
  • Export Formats: PDF, DOCX, XML

Core Sections to Include in Every Agreement

Ensure the agreement is organized so each core element is clearly labeled and actionable, reducing ambiguity during operations or disputes.

Scope of Services

Describe services in measurable terms, list exclusions, and attach any schedules or service-level exhibits that define response times and responsibilities.

Fees and Billing

State exact charges, billing cycles, payment methods, late fees, and dispute procedures; include invoicing timelines and correction processes.

Access and Authorization

Define authorized users, delegated permissions, required identity proofing, and steps to add or revoke access to accounts or platforms.

Privacy and Data Use

Specify data categories collected, permitted uses, retention rules, security measures, and whether a Business Associate Agreement or data processing addendum is required.

Additional Contract Clauses to Review Carefully

These clauses frequently determine operational risk and long-term cost; negotiate and document them explicitly.

Indemnification

Allocate responsibility for third-party claims related to service performance, data breaches, or regulatory violations.

Limitation of Liability

Cap exposure and identify excluded damages, ensuring clarity on consequential loss and punitive damages.

Termination Rights

Specify termination for convenience, breach, and insolvency with effective termination dates and post-termination obligations.

Audit Rights

Define the scope and frequency of audits and any confidentiality protections for audit findings.

Dispute Resolution

Choose governing law, jurisdiction, and whether arbitration or court litigation will apply to disputes.

Force Majeure

List events excusing performance and the notification processes required when they occur.

Common Timelines and Notice Periods to Track

Key dates and notice windows influence billing, termination, and renewal rights; document them clearly in the agreement and calendar them internally.

Effective Date:

Date obligations begin; use MM/DD/YYYY.

Billing Cycle:

Monthly, quarterly, or annual billing frequency.

Renewal Notice:

Time required to decline auto-renewal, commonly 30–60 days.

Termination Notice:

Advance written notice needed for termination for convenience.

Dispute Window:

Timeframe to raise billing disputes, typically 30 days.

Common Mistakes to Avoid

  • Vague service descriptions leading to unmet expectations and disputes.
  • Omitting authorized signer details or failing to verify signature authority.
  • Unclear fee terms that create invoice disputes and reconciliation delays.
  • Failing to specify data retention or privacy obligations under HIPAA or state law.

Consequences of an Incorrect or Incomplete Agreement

Contract Ambiguity: May render terms unenforceable
Unauthorized Access: Liability for fraud or misuse
Regulatory Fines: Potential HIPAA or state enforcement
Billing Disputes: Chargebacks and collection costs
Operational Delays: Service interruptions or onboarding hold
Reputational Harm: Client trust erosion

eSignature Vendor Comparison — Pricing and Key Capabilities

Compare starting prices and essential capabilities relevant to executing Account Services Agreements; signNow is listed first per platform comparison guidance.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-World Examples of Account Services Agreements in Use

Practical examples show how organizations adapt the agreement to their operational workflows and compliance needs.

Optica Ventures (COO)

Optica automated onboarding across multiple product lines to reduce errors and speed acceptance.

  • They used a standardized account services template for consistency.
  • The result improved customer experience and reduced manual reconciliation time while preserving secure audit logs for compliance.

Martin Properties (Founder)

A real estate operator digitized tenant account management and recurring billing for property services.

  • The agreement clarified responsibilities for utilities and payment processing.
  • This enabled faster payments, fewer disputes, and consistent record retention across properties for audit readiness.

Practical Tips for Accurate and Efficient Completion

Adopt standard templates, centralize approvals, and validate signatory authority before executing the agreement to avoid common operational issues.

Standardize Templates
Maintain an approved template library to ensure consistent terms and reduce legal review time for routine accounts.
Verify Authority
Confirm a signer’s authority using corporate resolutions or authorization letters to prevent challenges to enforceability.
Use Clear Fee Language
Spell out amounts, timing, and dispute mechanisms to reduce billing disagreements and facilitate automated invoicing.
Record Everything
Keep signed copies, audit trails, and supporting communications in a centralized records system for compliance and dispute evidence.

Frequently Asked Questions

Answers to common questions about execution, enforceability, and recordkeeping for Account Services Agreements.


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