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Business Text Agreement

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BUSINESS TEXT AGREEMENT

This Business Text Agreement (the "Agreement") is entered into as of by and between Client Name: and Service Provider Name: .

WHEREAS

WHEREAS, Client operates a business that desires to send text messages for marketing, transactional, or operational purposes to its customers; and

WHEREAS, Service Provider provides text messaging platform services, campaign management, and related support and will provide such services to Client under the terms set forth herein.

WHEREAS, the parties desire to set forth the scope, payment, confidentiality, and other terms governing the provision of those services.

SCOPE OF WORK

Service Provider shall perform the services described above, including setup, message delivery, compliance monitoring, reporting, technical support, and any integrations specified in the Description of Services. Service Provider will use commercially reasonable efforts to deliver messages in accordance with the delivery schedule agreed by the parties and will maintain industry-standard safeguards to protect the confidentiality and integrity of Client data.

PAYMENT TERMS

All amounts are payable in U.S. dollars. If any undisputed amount is not paid when due, Service Provider may suspend services after providing five (5) days' prior written notice, and the unpaid amount shall accrue interest as set forth in the Late Fee field above. Client shall also reimburse Service Provider for reasonable collection costs incurred to recover delinquent amounts.

TERM AND TERMINATION

The Initial Term shall commence on and shall continue until unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement upon material breach by the other party if such breach is not cured within fifteen (15) days after written notice. Termination shall not relieve Client of its obligation to pay for services performed and expenses incurred prior to termination.

CONFIDENTIALITY

Each party shall keep confidential all non-public information disclosed by the other party in connection with this Agreement ("Confidential Information") and shall not disclose such information except to those of its employees, contractors, or affiliates who require access to fulfill the receiving party's obligations and who are bound to protect confidentiality at least as protective as this Agreement. Confidential Information does not include information that: (i) is or becomes publicly available without breach of this Agreement; (ii) was already lawfully in the receiving party's possession; (iii) is independently developed without use of the disclosing party's Confidential Information; or (iv) is required to be disclosed by law, regulation, or valid court order, provided the receiving party gives prompt notice where permitted and reasonably cooperates with any protective measures sought by the disclosing party.

Check if confidentiality obligations are mutual

CONSENT, COMPLIANCE, AND OPTOUT

Client represents and warrants that it has obtained all consents necessary under applicable law to send text messages to the recipients identified in Client lists. Client authorizes Service Provider to send text messages on Client's behalf. Client shall comply with all applicable laws, industry guidelines, and carrier rules governing text messaging. Client agrees to include clear opt-out instructions in messages and to honor opt-out requests within a commercially reasonable timeframe.

Client confirms necessary consent has been obtained

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties agree that any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in that state, subject to the parties' rights to seek injunctive relief.

This Agreement, including any attached exhibits or accepted statements of work, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

REPRESENTATIONS; INDEMNIFICATION

Each party represents that it has the authority to enter into this Agreement and to perform its obligations hereunder. Client shall indemnify, defend, and hold harmless Service Provider from and against any third-party claims arising from Client's failure to obtain required consents or Client's violation of applicable law. Service Provider shall indemnify Client for claims arising from Service Provider's breach of the confidentiality obligations set forth herein or Service Provider's gross negligence or willful misconduct.

NOTICES

MISCELLANEOUS

No waiver of any breach of this Agreement shall constitute a waiver of any other breach. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship.

Client Name:

By:

Date:

Service Provider Name:

By:

Date:

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What a Business Text Agreement Is and When It Applies

A Business Text Agreement is a written record documenting consent, terms, or promises exchanged via short-message channels (SMS, MMS, or similar messaging platforms) between a business and a recipient. It captures offer and acceptance, pricing or service terms, important dates, and any opt-in or disclosure language required for consumer-facing transactions. The form is used to confirm transactional details delivered by text, to memorialize permissions for recurring communication, and to record consent that may later be relied on for performance, billing, or dispute resolution.

Why a Clear Business Text Agreement Matters

A concise text-based agreement reduces ambiguity about offers, consumer consent, and notification permissions, helping businesses meet legal disclosure and recordkeeping obligations while creating a reproducible record for audits or disputes.

Why a Clear Business Text Agreement Matters

Who Typically Prepares or Signs These Agreements

Common signers include operations staff, sales representatives, account holders, and consenting consumers who receive text notices or transactional confirmations.

  • In-house sales teams confirming order terms and delivery windows via SMS.
  • Customer support or accounts receivable staff documenting payment arrangements agreed by text.
  • Consumers or clients providing express opt-in for recurring text notices or transactional alerts.

The responsible department should preserve the complete message record, consent confirmations, and any related metadata (timestamps, phone number, device IP) to support enforceability and compliance.

Who Has Authority to Sign and Represent the Business

Authorized Signer

An individual expressly delegated authority by corporate resolution, operating agreement, or board minutes. Include job title and confirm authority in the Business Text Agreement to avoid later disputes over capacity.

Agent or Representative

Employees or third-party agents may bind the business only when their delegation is documented. The agreement should identify agents by role and reference the authorizing document or policy.

Step-by-Step: Completing a Business Text Agreement

Follow these four core steps to ensure the agreement is complete, attributed, and stored for compliance and dispute resolution.

  • 01
    1. Draft Terms: Define messages, frequency, and opt-in language.
  • 02
    2. Obtain Consent: Collect explicit text consent with timestamp and sender details.
  • 03
    3. Capture Metadata: Record message IDs, phone numbers, IP, and timestamps.
  • 04
    4. Archive Record: Store signed agreement and message thread in secure archive.

How the Agreement Is Executed and Tracked

The execution flow for a Business Text Agreement typically moves from creation to consent capture, verification, and archival — each stage records evidence supporting intent and attribution.

  • Upload Terms: Prepare agreement text and required disclosure fields.
  • Place Consent Field: Add explicit opt-in and signature field in the message workflow.
  • Send and Authenticate: Deliver via SMS and verify recipient (code, link, or account match).
  • Record Completion: Log timestamp, message content, and signer identity for retention.

Suggested Digital Workflow Settings for Text-Based Agreements

Configure these settings to balance signer convenience with necessary authentication and auditability in high-volume text agreement workflows.

Field Configuration
Signer Authentication Email plus SMS one-time code recommended
Template Fields Pre-fill name, number, and effective date where available
Conditional Logic Show consent details only when opt-in selected
Reminder Schedule Automatic reminders at 3 and 7 days

Technology and Integration Considerations

Choose a platform that supports SMS delivery, audit logs, and integrations with your CRM or billing system.

  • CRM Integrations: Salesforce, NetSuite, Microsoft Dynamics
  • Content Storage: Box, Google Drive, Egnyte supported
  • Formats: PDF, DOCX, HTML accepted

Ensure the chosen solution can export tamper-evident signed records, retain metadata, and meet industry compliance needs such as HIPAA or financial recordkeeping.

Core Elements to Include in a Professional Business Text Agreement

Include these components to ensure clarity, legal sufficiency, and operational utility when using text-based agreements.

Clear Consent Language

Explicitly state that the recipient consents to receive specified messages and that consent may be withdrawn; identify frequency and types of messages covered.

Identification

Record both the business and recipient identifiers (legal name, phone in E.164), and reference any account or order numbers for traceability.

Effective and Expiration Dates

Specify when the agreement begins and, if applicable, when it ends or how renewal/termination is handled to prevent unintended obligations.

Scope of Use

Limit message categories (transactional, billing, marketing) and note prohibited uses to reduce regulatory risk and consumer complaints.

Authentication Method

Describe how the recipient is verified (one-time code, account login, or other method), and capture the evidence in the record.

Recordkeeping Statement

State retention period, where records are stored, and how to request paper copies or revoke consent to align with consumer disclosure requirements.

How to Save, Export, and Attach Supporting Documents

Saving a complete record requires the signed text transcript plus attachments that clarify the transaction or authorization.

Signed Transcript

Export the full SMS thread and signed consent as a single PDF to preserve context and timestamps.

Attachment Types

Include invoices, receipts, or identity documents as PDF or DOCX to support the agreement.

Format Options

Store signed copies in PDF/A where archival fidelity is required for long-term retention.

Versioning

Keep prior agreement versions and amendment logs to document changes over time.

Security and Compliance Checklist

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encrypted storage
Audit Trail: Timestamped signer logs
HIPAA Support: BAA available where required
Regulatory: 21 CFR Part 11 compliance
Legal Acts: ESIGN and UETA adherence

Common Preparation Pitfalls to Avoid

  • Missing explicit opt-in language that proves consumer consent and message scope.
  • Failure to capture metadata (timestamps, phone number, IP address) needed for attribution.
  • Using informal shorthand or ambiguous terms that create disputes about obligations.
  • Ignoring device or delivery failures that prevent reliable proof of receipt.

Regulatory and Contractual Risks of Incomplete or Incorrect Agreements

TCPA Liability: Texting without proper consent can trigger private actions and statutory damages under TCPA.
IRS Penalties: Incorrect payee reporting or missing information returns can incur penalties (IRC §6721 amounts apply)
I-9 Violations: Paperwork errors risk fines ranging roughly $281–$2,789 per violation (8 CFR §274a.2)
Contract Disputes: Ambiguous messages may be unenforceable and lead to costly litigation.
Intentional Disregard: Deliberate failure to file correct returns attracts higher penalties (IRC §6721 intentional-disregard rules)
Reputational Risk: Consumer complaints and regulatory inquiries increase compliance costs and scrutiny.

Key Dates and Timing to Specify in the Agreement

Define important dates clearly to avoid misunderstandings about renewal, cancellation, or when notices take effect.

Effective Date:

Date agreement begins (MM/DD/YYYY)

Response Window:

Time allowed to accept or decline notice

Cancellation Notice:

Required days' notice for opting out

Renewal Terms:

Auto-renewal period and opt-out method

Retention Start:

Date retention clock begins for records

Typical Processing Milestones After Sending a Text Agreement

These numbered stages represent a common end-to-end lifecycle from creation through archival.

01

Draft and Review

Prepare agreement text, disclosures, and opt-in phrasing before sending.

02

Delivery and Authentication

Send SMS with verification code or secure link and confirm recipient identity.

03

Acceptance and Timestamp

Capture recipient response, timestamp, and any signed consent record.

04

Archive and Monitor

Store signed transcript, metadata, and set automated retention controls.

Representative eSignature Pricing and Capabilities for Text Agreement Workflows

Compare vendor starting prices and basic capabilities relevant to high-volume text agreement use; signNow is listed first per platform comparison 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 Varies Varies Varies
Bulk Send Yes (Business Premium+) Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Varies Varies Varies Varies
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Business Text Agreements

Answers to common legal and operational questions about executing, verifying, and storing text-based agreements.


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