Can the agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Who must sign the agreement?

The device recipient should sign; an authorized employer representative should countersign. For contractors, include the contracting entity and an authorized signatory to bind the organization.

Is notarization required?

Typically not for standard device assignments. Notarization is generally reserved for document types listed as exceptions to e-signability; check state-specific rules if a notarized acknowledgment is necessary.

What happens if the device is lost or stolen?

The agreement should require immediate reporting, allow remote-wipe where feasible, and allocate financial responsibility for replacement or data remediation consistent with company policy.

How can the agreement be revoked or modified?

Include clear revocation language stating employer rights to revoke device access or assignment for cause or security reasons and define amendment procedures for mutual changes.

How long should signed copies be kept?

Retain signed agreements for the assignment term plus statutory retention periods; federal and industry regulations apply, e.g., 3 years for many tax records and 6 years for HIPAA-related records.

Device Use Agreement

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Device Use Agreement

Provider Name: Provider Address: User Name: User Address:

Recitals

WHEREAS, Provider is the lawful owner or authorized custodian of the device described below and has authority to permit its use under the terms set forth in this Agreement; and

WHEREAS, User requires temporary use of the device for legitimate business or educational purposes as described in this Agreement and agrees to comply with Provider policies and the terms herein; and

NOW, THEREFORE, in consideration of the mutual covenants set forth, Provider and User agree as follows.

Device Identification

Device Make/Model:

Serial Number:

Asset Tag / Identifier:

Initial Condition and Accessories:

Scope of Use

The device shall be used only for the following authorized purposes and within the limitations stated. Any use outside this scope requires prior written authorization from Provider.

Authorized Use Description:

Permitted and Prohibited Uses

Permitted uses include normal operation related to User's role and the business purposes specified in the Scope of Use. User shall not use the device for illegal activity, unauthorized commercial resale, or to circumvent security controls.

Prohibited activities include, but are not limited to: installing unapproved software that compromises security, disabling tracking or management functionality, sharing account credentials, or allowing third parties to use the device without Provider consent.

Maintenance, Support, and Repairs

Provider shall retain responsibility for scheduled maintenance and warranty repairs. User must promptly report malfunctions or damage to Provider. User may not attempt repairs except where expressly authorized in writing.

Maintenance Contact or Instructions (if any):

Payment Terms

User shall pay Provider for use of the device as follows. All fees are due according to the schedule below and are exclusive of applicable taxes unless otherwise stated.

Usage Fee (per period): Payment Schedule / Due Dates: Late Fee / Interest:

Term and Termination

This Agreement commences on the Start Date and continues until the End Date unless earlier terminated in accordance with this section.

Start Date: End Date:

Notice Period for Termination (days):

Provider may terminate immediately for material breach, loss, or conduct placing the device at risk. User may terminate by returning the device in accordance with the Return clause and providing the required notice.

Return of Device

Upon expiration or earlier termination, User shall return the device, all accessories, and any Provider data to the Provider in the same condition as received, reasonable wear and tear excepted. Provider may inspect returned equipment and assess charges for loss, damage, or missing accessories.

Return Deadline (if different):

Confidentiality

User shall protect confidential information accessed or stored on the device, shall not disclose such information except as authorized, and shall comply with Provider policies regarding data handling. User must promptly notify Provider of any suspected loss or unauthorized disclosure.

Acknowledgment of Confidentiality: I acknowledge and agree to the confidentiality obligations set forth above.

Indemnification and Limitation of Liability

User shall indemnify and hold Provider harmless from claims arising from User's misuse of the device, breach of this Agreement, or negligent acts. Except for willful misconduct or gross negligence, Provider's aggregate liability under this Agreement shall not exceed the total fees paid by User for the device during the preceding three months.

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.

Entire Agreement

This Agreement, including any attachments or addenda executed by the parties, constitutes the entire agreement between Provider and User with respect to the subject matter herein and supersedes all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

Any modification of this Agreement must be in writing and signed by authorized representatives of both parties.

Provider Printed Name:

By:

Date:

User Printed Name:

By:

Date:

What a Device Use Agreement Covers

A Device Use Agreement is a written contract that documents the terms and conditions for assigning, using, securing, and returning company-owned devices to employees, contractors, or third parties. It defines device identification (make, model, serial or asset tag), permitted and prohibited uses, security and privacy responsibilities, monitoring and remote-wipe policies, acceptable software and updates, repair and replacement rules, and the process for revocation or return. The agreement helps manage liability, data protection obligations, and operational expectations and can be executed electronically consistent with ESIGN and applicable state e-signature laws.

Why a Clear Device Policy Matters

A Device Use Agreement reduces legal and operational risk by documenting ownership, security obligations, and acceptable use. It supports compliance with privacy and data protection requirements, sets return and inspection rules, and clarifies financial responsibility for loss or damage.

Who Typically Completes This Agreement

Employers and HR teams issue the agreement when assigning devices or when onboarding remote workers.

Human Resources teams — use for onboarding device assignments and policy acknowledgments.
IT and Asset Management — track serial numbers, lifecycle events, and return status.
Managers and Procurement — confirm assignment approvals and document cost allocations.

IT, asset management, and legal teams review and retain the signed agreement according to internal retention policies and regulatory requirements.

Core Sections to Include in the Agreement

A professional Device Use Agreement is concise but comprehensive: identify parties, list the device, describe permitted uses and restrictions, set security and monitoring rules, detail return and inspection procedures, and allocate liability and repair responsibilities.

Parties

Identify employer and recipient by full legal name, business address for employer, and employee home address when required for notice or tax purposes.

Device Details

Specify make, model, serial number or asset tag, installed accessories, and initial condition to avoid disputes at return.

Acceptable Use

List permitted business uses, prohibited activities (unauthorized installs, illegal downloads, personal resale), and limits on third-party access.

Security Obligations

Require password/PIN policies, encryption where applicable, prompt reporting of loss or theft, and restrictions on cloud backups if sensitive data present.

Return & Inspection

State return timing, inspection rights, wear-and-tear standards, and fees or deductions for loss or damage.

Liability & Remedies

Allocate responsibility for damage, data breach costs, and outline discipline, repair charges, or replacement obligations.

Essential Security and Compliance Elements

Encryption: Require full-disk encryption for sensitive data

Password Policy: Complex passwords and regular rotation

Remote Wipe: Capability to remotely erase device

Incident Reporting: Timely loss/theft notification required

Access Controls: Role-based access and MFA preferred

Audit Trail: Record assignment, changes, and returns

Step-by-Step: Prepare and Execute the Agreement

Follow a consistent sequence to assign devices, capture consent, and store records to reduce administrative friction and ensure legal clarity.

01

Prepare Agreement: Populate device and party details, and attach relevant policy exhibits.
02

Review With Employee: Explain obligations, monitoring, and return expectations in plain language.
03

Obtain Signatures: Use eSignature or wet signature; capture date and role for each signer.
04

File and Track: Store signed copy in HR and asset management systems.

Configure an Efficient Online Workflow

Set up template fields, signer order, and authentication options before sending to minimize errors and speed completion.

Field	Online Setting
Signer Authentication	Email + SMS code or SSO for higher assurance
Conditional Fields	Show repair liability fields only if device is consumer-grade
Template Naming	Use consistent names with asset type and department
Storage Location	Save PDFs to HR folder and asset management system

Where Signed Agreements Should Be Sent

Designate primary repositories and secondary backups so legal, HR, and IT can each access the agreement according to role-based needs.

HR Records: Primary signed copy retained in employee personnel file
IT Asset System: Attach signed agreement to device asset record
Manager: Manager receives copy for operational oversight
Secure Backup: Encrypted cloud storage for disaster recovery

Digital Signing and Platform Considerations

Choose a platform that supports secure e-signatures, audit trails, and integration with HR or asset systems.

Integrations: Salesforce, NetSuite, Microsoft 365 integrations available
File Formats: PDF, DOCX, and Excel supported for templates
Authentication: Supports email, SMS, SSO, and advanced options

Key Dates and Timing to Document

Establish clear dates for assignment, inspection, return, and notice periods to avoid disputes and to align with maintenance and retention schedules.

Assignment Date:

Device Assignee effective date in MM/DD/YYYY format

Inspection Window:

Schedule periodic inspections, e.g., annually or on request

Return Deadline:

Return within specified days after separation, often 7–30 days

Revocation Notice Period:

Employer may revoke assignment with defined notice, often immediate for security events

Retention of Agreement:

Retain signed agreement per retention policy and legal requirements

Typical Processing Milestones

Track each milestone from request through return so responsibilities and timing are visible to HR, IT, and the employee.

01

Request Submitted

Employee or manager requests device assignment for job duties

02

Approval Issued

Manager and IT approve model and provisioning

03

Device Assigned

IT provisions device and records serial in asset system

04

Return Completed

Device returned, inspected, and agreement closed

Common Mistakes to Avoid

Not recording the serial or asset tag which complicates recovery and warranty claims if the device is lost or returned incomplete.
Vague acceptable use language that fails to specify personal use limits, leading to inconsistent enforcement and privacy disputes.
Failing to require prompt reporting of loss or theft, delaying remote-wipe actions and increasing data breach risk.
Storing signed agreements only in email threads rather than a centralized HR asset system, which hampers audits and retention compliance.

Potential Consequences of Poor Documentation

Data Breach Liability: Regulatory fines and remediation costs

Employment Disputes: Unclear terms increase litigation risk

Replacement Costs: Employee may bear device replacement expense

Regulatory Violations: HIPAA or other privacy noncompliance fines

Operational Downtime: Lost productivity from unrecoverable devices

Reputational Harm: Customer trust and partner impacts

eSignature Pricing and Feature Snapshot for Device Agreements

Compare starting prices and core capabilities. signNow appears first. Verify current vendor terms and plan details with each provider before purchase.

	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	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions

Answers to common legal and operational questions about executing and managing Device Use Agreements, including e-signing, retention, and revocation.

Need help? Contact support

Can the agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Who must sign the agreement?
The device recipient should sign; an authorized employer representative should countersign. For contractors, include the contracting entity and an authorized signatory to bind the organization.
Is notarization required?
Typically not for standard device assignments. Notarization is generally reserved for document types listed as exceptions to e-signability; check state-specific rules if a notarized acknowledgment is necessary.
What happens if the device is lost or stolen?
The agreement should require immediate reporting, allow remote-wipe where feasible, and allocate financial responsibility for replacement or data remediation consistent with company policy.
How can the agreement be revoked or modified?
Include clear revocation language stating employer rights to revoke device access or assignment for cause or security reasons and define amendment procedures for mutual changes.
How long should signed copies be kept?
Retain signed agreements for the assignment term plus statutory retention periods; federal and industry regulations apply, e.g., 3 years for many tax records and 6 years for HIPAA-related records.

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