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Business Subscriber Agreement

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BUSINESS SUBSCRIBER AGREEMENT

This Business Subscriber Agreement ("Agreement") is entered into as of between Service Provider: with principal address and Subscriber: with principal address .

RECITALS

WHEREAS, Service Provider develops and delivers certain services, software, and related deliverables described herein and possesses the expertise and capacity to provide such services to business customers; and

WHEREAS, Subscriber desires to obtain and subscribe to the services offered by Service Provider under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement define the rights and obligations of each party with respect to the provision of services, payment, confidentiality, and other material terms.

SCOPE OF SERVICES

Service Provider shall provide the services described above in a professional manner consistent with generally accepted industry standards. Any change to the scope of services that materially affects fees or delivery schedule must be agreed in writing by both parties.

PAYMENT TERMS

Interest shall accrue on any overdue amounts at the lesser of (a) or (b) the maximum rate permitted by applicable law. In addition, Service Provider may suspend performance if amounts due remain unpaid for more than days after written notice.

TERM AND TERMINATION

This Agreement shall commence on the Start Date: and shall continue until the End Date: , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Termination shall be without prejudice to any rights or remedies accrued prior to termination.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by a party to the other party, whether disclosed orally, visually or in writing, that is designated as confidential or that reasonably should be understood to be confidential. Each party agrees to: (a) use Confidential Information only for the purposes of performing under this Agreement; (b) restrict disclosure of Confidential Information to its employees, agents and contractors who have a need to know and who are subject to confidentiality obligations at least as protective as those contained herein; and (c) protect Confidential Information from unauthorized use or disclosure with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

Confidential Information shall not include information that: (i) is or becomes publicly available other than by breach of this Agreement; (ii) was rightfully known to the receiving party prior to disclosure; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed without use of Confidential Information.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be construed in accordance with and governed by the laws of the State of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve disputes arising under this Agreement through negotiation. If the parties cannot resolve a dispute within 30 days, either party may pursue available remedies in the appropriate court in the selected jurisdiction.

REPRESENTATIONS AND WARRANTIES; LIMITATIONS

Each party represents and warrants that it has the power and authority to enter into this Agreement and to perform its obligations hereunder. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXCEPT TO THE EXTENT SUCH LIMITATION IS UNENFORCEABLE UNDER APPLICABLE LAW.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below (or such other address as a party may designate by notice). Notices shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or sent by commercial overnight courier.

ASSIGNMENT

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party; provided, however, that either party may assign this Agreement in connection with a merger, acquisition or sale of substantially all of its assets, provided the assignee assumes the assigning party’s obligations.

ENTIRE AGREEMENT

This Agreement, including all schedules and exhibits referenced herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

SIGNATURES

The parties hereto have executed this Agreement through their duly authorized representatives as of the dates set forth below.

Service Provider (Printed Name):

By:

Date:

Subscriber (Printed Name):

By:

Date:

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What a Business Subscriber Agreement Is and When It Applies

A Business Subscriber Agreement is a legally binding contract that sets out the terms under which a business entity subscribes to a service, platform, or certificate authority offering. It typically defines parties, permitted uses, subscription fees, term and renewal mechanics, data handling, security obligations, and termination rights. For eSignature and identity services, the agreement also addresses authentication methods, audit trails, and compliance responsibilities. Organizations use the agreement to allocate risk, assign responsibility for regulatory requirements, and document consent to electronic records and signatures under applicable U.S. laws.

Why a Clear Business Subscriber Agreement Matters

A well-drafted agreement clarifies obligations, reduces downstream disputes, and documents consent to electronic transactions under ESIGN and UETA where applicable. It aligns expectations for security, data use, and continuity when multiple parties rely on signed records.

Why a Clear Business Subscriber Agreement Matters

Who Typically Completes a Business Subscriber Agreement

The agreement is generally completed by the organization that will subscribe to the service and by the vendor providing it.

  • Procurement teams and contract managers who negotiate commercial terms and SLAs prior to purchase.
  • IT or security teams that confirm technical, encryption, and data handling commitments.
  • Legal and compliance reviewers who verify regulatory clauses such as HIPAA, data retention, and governing law.

Final execution commonly involves a senior authorized signer plus any required compliance or legal approvers.

Core Elements to Expect in the Agreement

A Business Subscriber Agreement commonly bundles commercial terms, technical obligations, privacy and security controls, and signature mechanics into a single contract so each party’s responsibilities are explicit.

Parties

Full legal names and entity types for subscriber and provider, including registered addresses and jurisdiction of organization formation.

Scope

Permitted uses, seat/user limits, API access rules, and any restrictions on redistribution or re-hosting of the service.

Fees & Billing

Pricing, billing cadence, payment terms, taxes, refund policy, and any overage or usage-based fee mechanics.

Security & Compliance

Encryption standards, authentication options, incident notification timelines, and obligations to support audits or compliance certifications.

Data Handling

Data ownership, permitted processing, retention instructions, deletion procedures, and subprocessors or third-party transfers.

Termination & Liability

Termination rights, effect of termination, limitation of liability, indemnities, and survival of essential clauses.

Step-by-Step: Completing the Agreement

Follow these steps in order to prepare, review, and execute the Business Subscriber Agreement efficiently and with a complete record.

  • 01
    Gather Documents: Collect formation documents, signatory authority, and payment details.
  • 02
    Populate Template: Fill required fields, standardize names, and set the effective date.
  • 03
    Internal Review: Legal, procurement, and IT review clauses for risk and compliance.
  • 04
    Execution and Storage: Obtain signatures, retain the executed copy, and preserve the audit trail.

Configuring an Online Signing Workflow

When completing the agreement online, configure signer order, authentication, and retention settings before sending to avoid rework.

Field Configuration
Template Name Use a clear title that includes contract type and version.
Signer Roles Define role names and required signing order.
Authentication Choose email, SMS, or stronger methods like KBA.
Expiration & Reminders Set link expiration and automated reminders.

Where Signed Agreements Are Sent and Stored

A completed agreement should route to centralized storage, stakeholders, and compliance systems to maintain access and auditability.

  • Subscriber Records: Store executed PDF and metadata in the contract repository.
  • Finance: Send invoice triggers and billing contacts a copy.
  • IT / Security: Log security controls and any BAA or SOC 2 artifacts.
  • Legal: Archive signed agreement for disputes or audits.

Technical Considerations for eSigning and Submission

Verify the eSignature platform supports required authentication, audit trails, and export formats before initiating execution.

  • Document Formats: PDF, DOCX supported
  • Authentication: Email, SMS, or KBA
  • Integrations: CRM and cloud storage

Security, Compliance, and Technical Claims to Verify

Encryption: TLS 1.2/1.3; AES-256
Certifications: SOC 2 Type II
HIPAA: BAA available
21 CFR Part 11: Supported on select plans
Audit Trail: IP, timestamp, action log
Accessibility: WCAG 2.0 AA

Key Dates and Time Limits to Record

Track effective date, renewal windows, notice periods, and any regulatory filing deadlines tied to the agreement.

Effective Date Entry:

Enter MM/DD/YYYY when final signatures are applied

Renewal Notice:

Record notice date per the contract’s renewal clause

Termination Notice:

Observe any cure period before termination takes effect

BAA Execution:

Execute any HIPAA BAA before PHI exchange

Audit Access:

Preserve audit logs for the full retention period

Typical Processing Milestones After Drafting

Use a milestone workflow to ensure review, internal approvals, signature capture, and archival complete on schedule.

01

Draft Completion

Legal finalizes language and confirms required clauses are present

02

Internal Approvals

Procurement, IT, and finance sign off on commercial and security terms

03

Execution

Authorized signer(s) apply signatures and record effective date

04

Archival

Store signed copy and audit trail in contract repository

Common Mistakes to Avoid When Preparing the Agreement

  • Using an incorrect legal entity name that does not match formation documents, which can create enforceability issues and payment disputes.
  • Failing to confirm the signer’s authority under board resolutions or bylaws, resulting in later challenges to signature validity.
  • Omitting data-privacy provisions or a BAA when protected health information will be processed, exposing parties to HIPAA compliance risk.
  • Not preserving the full audit trail (timestamps, IP, authentication method), which weakens evidence of signature attribution.

Key Risks and Potential Consequences of Errors

Unenforceable Signature: May void obligations
Regulatory Violation: Fines or enforcement actions
Data Breach Exposure: Liability for PHI or PII loss
Tax Filing Penalties: Backup withholding risk
Operational Delay: Service interruptions
Contract Dispute: Potential litigation costs

Practical Tips for Accurate Completion

Adopt a standard, reviewed template and confirm required fields and approvals before sending the document for signature.

Standardize party names and titles
Use the subscriber’s registered entity name consistently across all contract documents to prevent ambiguity and payment routing errors.
Verify signatory authority in advance
Obtain a board resolution or officer certification where necessary so signatures cannot later be challenged for lack of authority.
Document authentication choices
Record the chosen signer authentication method (email, SMS, KBA) and retain the resulting audit trail for evidentiary support.
Include retention and access instructions
Define how long signed files and audit logs are retained and who has access during and after the contract term.

Real-World Examples of Similar Agreements

These condensed examples show how organizations describe benefits and compliance in practice.

Optica Ventures — COO

Optica needed a simple signing workflow that customers could use easily.

  • The interface reduced customer friction.
  • The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Martin Properties — Founder

A real estate operator required mobile and offline signing for rapid closings.

  • Mobile signing enabled faster execution on site.
  • I can process and execute all of these documents online with 100% compliance and built-in security.

Who Usually Signs and Why Their Role Matters

Authorized Officer

An executive (CEO, CFO, or other authorized officer) typically signs for the subscriber because they have legal authority to bind the company and accept commercial and liability terms on its behalf.

Corporate Counsel

In-house or outside counsel often reviews and may sign amendments or attestations to confirm that contract language aligns with legal and regulatory obligations.

eSignature Platform Pricing Comparison (signNow First)

Comparison of starting prices and common enterprise features to consider when selecting an eSignature platform for executing Business Subscriber Agreements.

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, no credit card required Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs: Enforceability, Signatory Authority, and eSignature Issues

Answers to frequent questions that arise while preparing or executing a Business Subscriber Agreement in the United States.


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