Is an electronic signature legally binding?

Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, most electronic signatures are legally equivalent to handwritten signatures, subject to statutory exceptions such as wills, certain court filings, and some family law instruments.

When is notarization required?

Notarization is usually not required for service contracts but may be required for deeds, certain powers of attorney, or state-specific instruments. If a notarized acknowledgement is needed, consider Remote Online Notarization (RON) where permitted and confirm identity-proofing and recordkeeping rules.

What makes a signature attributable?

Attribution rests on intent to sign, consent to conduct the transaction electronically, a record linking the signature to the signer, and reliable record retention. These four elements mirror the ESIGN/UETA validity framework for electronic signatures.

How long should I retain the agreement?

Retain executed agreements per regulation and business needs: IRS minimum 3 years (IRC §6501(a)), often seven years for business records, and six years for HIPAA-related records per 45 CFR §164.530(j); consult counsel for industry-specific rules.

Can I use remote online notarization (RON)?

Many states permit permanent RON with identity proofing, audio-video recording retention, and tamper-evident technology; requirements vary by state, so verify current state rules and retention obligations before enabling RON.

What if a signer uses the wrong name when signing?

A mismatched name can raise enforceability questions. Common remedies include re-execution with correct identification, an affidavit of identity, or an amendment confirming the signer's authority. Document any corrective steps in writing and retain the audit trail.

Electronic Signature
Templates
Miscellaneous
Business Services Essential Plus Agreement

Business Services Essential Plus Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Business Services Essential Plus Agreement

This Business Services Essential Plus Agreement (the Agreement) is entered into as of (Effective Date) between:

Client Name: Client Address: Service Provider Name: Service Provider Address:

Recitals

WHEREAS, Client desires to obtain from Service Provider certain business services described herein, and Service Provider has represented that it has the expertise, personnel and resources to provide such services on the terms set forth in this Agreement;

WHEREAS, the parties intend this Agreement to set forth the scope of services, compensation, confidentiality obligations and other material terms governing their relationship;

WHEREAS, the parties agree that the performance of the services described in this Agreement will commence on the Effective Date and continue as provided in the Term and Termination section below unless earlier terminated in accordance with this Agreement.

Scope of Work

Service Provider shall perform the services and deliverables described below (Services). The Services shall be performed in a professional manner consistent with industry standards.

Detailed Scope of Work:

Payment Terms

In consideration for the Services, Client shall pay Service Provider the fees and reimburse expenses in accordance with this section.

Total Fee: Payment Schedule and Invoicing: Retainer or Deposit (if any): Late Payment Fee: Reimbursable Expenses:

Term and Termination

This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this section.

Notice Period for Termination Without Cause:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within the notice period specified below after receipt of written notice. Termination shall not relieve Client of its obligation to pay for Services performed and costs reasonably incurred through the effective date of termination.

Cure Period for Material Breach:

Confidentiality

Each party (Recipient) shall hold in strict confidence all Confidential Information disclosed by the other party (Discloser) and shall not use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement. Confidential Information includes non-public business, technical, financial and customer information, but excludes information that (i) is or becomes public without breach, (ii) is rightfully received from a third party without restriction, (iii) is independently developed by Recipient, or (iv) is required to be disclosed by law with prior notice to Discloser where practicable.

Term of Confidentiality:

Indemnification and Limitation of Liability

Each party shall indemnify and hold harmless the other party from third-party claims arising from the indemnifying party’s gross negligence or willful misconduct in performing this Agreement. Except for liability arising from gross negligence or willful misconduct or indemnification obligations, neither party's aggregate liability for claims arising out of or related to this Agreement shall exceed the total amount paid by Client to Service Provider under this Agreement in the twelve (12) months preceding the claim.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflict of laws principles.

Entire Agreement; Amendment

This Agreement, together with any exhibits or attachments explicitly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings. No amendment or waiver shall be effective unless in a written instrument signed by both parties.

Miscellaneous Provisions

Assignment: Neither party may assign this Agreement without the prior written consent of the other party, except to an affiliate or in connection with a sale of substantially all of its assets or equity, provided the assignee assumes all obligations hereunder.

Notices: All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or as otherwise designated in writing by a party.

Primary Client Contact: Primary Provider Contact:

Client:

Printed Name:

By:

Date:

Service Provider:

Printed Name:

By:

Date:

What the Business Services Essential Plus Agreement Is

The Business Services Essential Plus Agreement is a standardized contract used by companies to record the terms for recurring or project-based business services. It defines the scope of work, deliverables, pricing and payment terms, service levels, change-order procedures, confidentiality and intellectual property ownership, liability limits, indemnification, insurance requirements, and termination rights. The template includes signature blocks for authorized representatives and fields for effective date and governing law. When executed electronically under ESIGN and state UETA or ESRA frameworks, it produces an enforceable record for business-to-business operations in the United States.

Why a Clear Written Agreement Matters

Used to set clear rights and obligations, the Business Services Essential Plus Agreement helps reduce disputes, document payment and liability terms, and supports enforceability when signed electronically under the federal ESIGN Act (15 U.S.C. ch. 96) or state UETA/ESRA frameworks.

Who Typically Uses This Agreement

Typical users include service providers, procurement teams, legal counsel, and clients who need a repeatable written services contract.

Small and mid-size businesses managing recurring vendor relationships and periodic renewals.
Corporate procurement and operations teams standardizing service terms across departments.
Legal and contract teams reviewing indemnity, IP, and liability clauses for compliance.

Use this agreement where clarity on deliverables, payment, or risk allocation will improve operational consistency and legal certainty.

Core Sections to Expect in the Agreement

Primary sections outline scope, pricing, performance measures, IP, confidentiality, insurance, indemnity, term and termination, and dispute resolution for business services.

Scope

Defines specific services, deliverables, milestones, acceptance criteria, and change-order procedures; clear scope reduces ambiguity and limits disputes over what the provider must deliver.

Payment

Specifies fees, invoicing schedule, late-payment interest, accepted payment methods, and any retainers or milestone-based payments; includes tax treatment and responsibility for third-party costs.

Confidentiality

Sets obligations to protect proprietary information, permitted disclosures, duration of confidentiality, and return or destruction of confidential materials at termination; often includes permitted recipient exceptions.

Liability

Limits on damages, disclaimers, caps on aggregate liability, and carve-outs for gross negligence, willful misconduct, or indemnified claims; clarifies insurance requirements supporting liability limits.

Term & Termination

Initial term, renewal mechanics, termination for convenience or cause, cure periods, immediate termination triggers, notice requirements, and post-termination transition assistance obligations.

Dispute Resolution

Specifies governing law, venue, informal escalation steps, and whether arbitration, mediation, or litigation will resolve disputes; may require attorney fee recovery for prevailing parties.

Step-by-Step: Complete and Execute the Agreement

Follow these steps to complete and execute the Business Services Essential Plus Agreement accurately online.

01

Prepare Document: Populate parties, effective date, and scope fields.
02

Review Terms: Confirm payment, liability, IP, and termination clauses.
03

Authorize Signers: Identify authorized representatives and obtain corporate consent.
04

Execute: Sign and date; retain final signed copy for records.

Typical Online Workflow Settings

Common online setup values for an electronic Business Services Essential Plus Agreement workflow and automated routing.

Field	Configuration
Signer Authentication	Email link with optional SMS code or KBA for high-risk transactions.
Bulk Send	Available on Business Premium for mass distribution and reminders.
Conditional Fields	Show or hide fields based on prior answers to reduce errors.
Retention & Audit	Automatic audit trail and configurable retention policies.

How Electronic Routing and Signing Typically Works

Typical routing and approval flow for electronic execution, notarization if required, and final delivery to stakeholders.

Upload: Sender uploads a final PDF or DOCX version.
Place Fields: Add signature, date, and initial fields for each signer.
Send: Email invites or generate signing link for recipients.
Complete: Signing events recorded; completed PDF and audit trail delivered.

Technical Requirements and Notary Considerations

Electronic signing requires a compatible device, modern browser, reliable email for invite delivery, and consistent network connectivity during signing.

Supported Formats: PDF, DOCX, and HTML accepted.
Integrations: Salesforce, NetSuite, Microsoft 365 among others.
Mobile Support: iOS and Android apps, responsive web signing.

Security and Compliance Highlights Relevant to This Agreement

Encryption: TLS 1.2/1.3 in transit, AES-256 at rest

Certifications: SOC 2 Type II, ISO 27001, PCI DSS

Regulatory Compliance: ESIGN, UETA, 21 CFR Part 11 compliance

HIPAA Support: HIPAA-compliant with BAA available

Audit Trail: Detailed timestamps, IPs, signer actions recorded

SSO & SAML: Enterprise SSO and SAML single sign-on supported

eSignature Pricing and Feature Comparison

Overview of typical starting prices and feature availability from common eSignature vendors; signNow is listed first per table conventions.

	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 envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Key Dates and Time-Sensitive Items

Key filing and execution timelines to track when using the agreement in business operations across departments.

Effective Date and Commencement:

Agreement obligations start on the effective date specified in MM/DD/YYYY format.

Invoice Due and Late Payment:

Follow stated net terms; late fees apply after the stated grace period.

Renewal and Notice Periods:

Observe automatic renewal dates and required notice windows to avoid unintended renewals.

Retention Start Date:

Retention generally begins on creation or the last effective amendment date.

Tax Reporting Obligations:

Reportable payments may trigger 1099 or other tax reporting duties for payers.

Common Preparation Pitfalls to Avoid

Using vague scope language that fails to define deliverables, causing disputes over whether work has been completed to standard.
Omitting effective dates or misdating signature blocks, which can create gaps in obligations and affect limitation periods.
Failing to name an authorized signer for a corporate party, leading to claims that the agreement lacks binding authority.
Neglecting to address IP ownership and licenses in service-related work, creating ownership disputes after project completion.

Potential Legal and Financial Risks

Invalid Signature: Risk of unenforceability

Missing Authorized Signatory: Contract voidable by counterparty

Incorrect Tax Info: Backup withholding or penalties

Late Filing: Statutory fines may apply

I-9 Noncompliance: Civil fines $281–$2,789

Intentional Misstatement: $660+ per form for 1099s

Frequently Asked Questions

Answers to frequent questions about execution, enforceability, notarization, and retention for the Business Services Essential Plus Agreement.

Need help? Contact support

Is an electronic signature legally binding?
Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, most electronic signatures are legally equivalent to handwritten signatures, subject to statutory exceptions such as wills, certain court filings, and some family law instruments.
When is notarization required?
Notarization is usually not required for service contracts but may be required for deeds, certain powers of attorney, or state-specific instruments. If a notarized acknowledgement is needed, consider Remote Online Notarization (RON) where permitted and confirm identity-proofing and recordkeeping rules.
What makes a signature attributable?
Attribution rests on intent to sign, consent to conduct the transaction electronically, a record linking the signature to the signer, and reliable record retention. These four elements mirror the ESIGN/UETA validity framework for electronic signatures.
How long should I retain the agreement?
Retain executed agreements per regulation and business needs: IRS minimum 3 years (IRC §6501(a)), often seven years for business records, and six years for HIPAA-related records per 45 CFR §164.530(j); consult counsel for industry-specific rules.
Can I use remote online notarization (RON)?
Many states permit permanent RON with identity proofing, audio-video recording retention, and tamper-evident technology; requirements vary by state, so verify current state rules and retention obligations before enabling RON.
What if a signer uses the wrong name when signing?
A mismatched name can raise enforceability questions. Common remedies include re-execution with correct identification, an affidavit of identity, or an amendment confirming the signer's authority. Document any corrective steps in writing and retain the audit trail.

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