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Finance Terms & Conditions

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Finance Terms & Conditions

Parties and Administrative Details

Effective Date:

Definitions

Capitalized terms used in these Finance Terms & Conditions shall have the meanings set forth herein. "Services" means the financial services, products, payment processing, lending, reporting, or advisory services described in an executed statement of work or engagement letter. "Fees" means all amounts payable by Client to Provider under this agreement, including principal, interest, charges, and any applicable taxes.

Scope of Services

Provider will perform the Services described in the applicable engagement documentation. The scope, deliverables, and any material changes to Services must be set out in writing and signed by authorized representatives of both parties.

Fees, Invoicing, and Payment

Client shall pay Provider Fees in accordance with the fee schedule and payment terms specified below and in any attached schedule. Fees are non-refundable except as expressly stated in writing.

Accepted payment methods:

Late payment shall incur interest at the lesser of the maximum rate permitted by law or % per annum, calculated daily from the due date until paid in full. In addition, Provider may assess a late charge of in respect of each delinquent invoice.

Taxes

All Fees are exclusive of taxes. Client is responsible for all sales, use, value-added and similar taxes arising from the provision of Services, except taxes based on Provider's net income.

Security Interest and Setoff

To secure Client's payment obligations, Client grants Provider a continuing security interest in all present and future receivables and other assets of Client arising out of the Services provided hereunder. Provider may set off any amounts owed to Client against amounts owed by Client to Provider.

Records, Audit Rights

Provider shall maintain complete records necessary to substantiate fees charged. Client shall keep records of payments. Either party may, upon reasonable prior notice, audit the other's relevant records for compliance with this Agreement; audits shall be conducted during normal business hours and not more frequently than once per year, unless material noncompliance is suspected.

Representations; Covenants

Each party represents that it has full power and authority to enter into and perform this Agreement. Client warrants that information provided to Provider is true, complete, and not misleading. Client covenants to promptly notify Provider of any material adverse change in its financial condition.

Confidentiality and Data Security

Each party shall protect Confidential Information of the other with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Provider shall implement and maintain commercially reasonable technical and organizational measures to protect Client data.

Indemnification

Client shall indemnify, defend and hold harmless Provider, its affiliates and their respective officers, directors and employees from and against any third-party claims arising out of Client's breach of this Agreement, gross negligence, willful misconduct, or fraud. Provider's indemnity obligations are limited to claims arising from Provider's gross negligence or willful misconduct in performing the Services.

Limitation of Liability

EXCEPT FOR LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. PROVIDER'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Term, Termination and Default

This Agreement commences on the Effective Date and continues until terminated as provided herein. Either party may terminate for material breach if such breach is not cured within days after written notice. Upon termination, Client shall pay all accrued Fees and reasonable costs incurred by Provider in effecting termination.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the state of without regard to conflict of laws principles. Parties agree to attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be resolved by binding arbitration before a single arbitrator in the agreed forum, unless the parties mutually agree otherwise.

Notices

All notices required or permitted hereunder shall be in writing and shall be delivered to the parties at the addresses set forth below or such other address as either party may designate by notice.

Assignment; Amendment; Severability

Neither party may assign this Agreement without the prior written consent of the other party, except that Provider may assign to an affiliate or in connection with a sale of substantially all of its assets. Any amendment must be in writing and signed by both parties. If any provision is held unenforceable, the remaining provisions remain in full force.

By executing below, the undersigned each represent that they are authorized to bind their respective parties to these Finance Terms & Conditions.

Provider (Finance Company) Name:

By:

Date:

Client Name:

By:

Date:

Enter text

What Finance Terms & Conditions Cover

Finance Terms & Conditions are the contractual provisions that define parties' rights and obligations in financial transactions, including payment schedules, fees, interest, default remedies, confidentiality, data handling, and dispute resolution. These terms govern relationships between lenders, service providers, vendors, and customers and may incorporate regulatory obligations under U.S. law. Properly drafted Finance Terms & Conditions clarify performance expectations, limit liability, and set procedures for notices, amendments, and termination. When used with electronic signing under ESIGN and state UETA rules, they can be executed and retained in electronic form provided the parties demonstrate intent, consent, attribution, and reproducible records.

Why Clear Finance Terms & Conditions Matter

Clear, well-structured finance terms reduce disputes and clarify payment and default rules. They also document consent and allocation of risk for regulatory and audit purposes.

Why Clear Finance Terms & Conditions Matter

Typical Parties That Prepare or Sign These Terms

Finance Terms & Conditions are used by organizations and individuals who enter lending, payment, or recurring service arrangements.

  • Financial institutions and fintech firms that need standardized loan, account, and payment terms.
  • Vendors and service providers on recurring billing or subscription models with customers.
  • Legal and compliance teams that draft clauses to satisfy regulatory oversight and auditability.

These parties rely on clear language and reliable execution methods to ensure enforceability and to manage operational risk.

Core Elements to Include in Finance Terms & Conditions

A professional Finance Terms & Conditions package combines commercial terms, compliance clauses, and operational processes so rights and remedies are clear for all parties.

Scope

Define the services, accounts, or financial products covered and identify the contracting parties by legal name and entity type.

Payment Terms

Specify amounts, currencies, due dates, late fees, interest rates, invoicing cycles, and accepted payment methods.

Default Remedies

Describe events of default, acceleration clauses, collection costs, lien rights, and steps for cure or termination.

Data & Privacy

Detail handling of personal and financial data, security measures, and obligations under HIPAA, GLBA, or state privacy laws when applicable.

Dispute Resolution

Include governing law, jurisdiction, arbitration or mediation clauses, and procedures for notices and service.

Amendment & Termination

State how terms are amended, effective dates, renewal mechanics, and processes for contract cancellation or revocation.

Essential Information to Collect

Legal Name: Exact name on government records
Tax ID: EIN or SSN/TIN as required
Contact Address: Street, city, state, ZIP
Payment Details: Bank account or payment method
Authorized Signer: Name and title of signer
Effective Date: MM/DD/YYYY format

Step-by-Step: Complete and Execute These Terms

Follow these practical steps to prepare, review, and execute Finance Terms & Conditions reliably.

  • 01
    Draft Terms: Assemble core clauses and customize payment and default language.
  • 02
    Internal Review: Have legal and compliance review for regulatory risks and tax implications.
  • 03
    Add Signers: Place signature and initial fields for authorized representatives.
  • 04
    Execute Electronically: Use an eSignature workflow that preserves audit trails and consent evidence.

Configure an Online Signing Workflow

When you move terms online, set clear routing, authentication, and retention choices to match risk and compliance needs.

Field Configuration
Signing Order Sequential or parallel routing per deal needs
Authentication Email, SMS code, or knowledge-based verification
Reminders Automated email reminders and escalation
Retention Export signed PDF/A and store per policy

Where to Send or Submit Signed Terms

Signed Finance Terms & Conditions typically follow an established routing path for execution, recordkeeping, and downstream processing.

  • Primary Recipient: The counterparty or designated accounts payable contact
  • Internal Teams: Store a copy with legal, finance, and records teams
  • Payment Systems: Upload executed terms to billing or ERP systems
  • Regulatory Filings: Submit documents only when statute or regulator requires

Digital Signing and File Format Requirements

Use a platform that supports secure TLS transmission, AES-256 at-rest encryption, and produces verifiable audit trails.

  • File Types: PDF, DOCX, or HTML accepted
  • Authentication: Email, SMS, or advanced methods
  • Integrations: CRM and storage integrations

Ensure the selected provider supports ESIGN/UETA compliance, retains timestamps and IP logs, and allows export to archival formats such as PDF/A for long-term storage.

Common Timing and Notice Requirements

Finance Terms & Conditions frequently reference specific timing for payments, notice periods, renewal windows, and cure periods — make these explicit.

Payment Due Date:

State exact due date or net terms (e.g., Net 30) and late fee calculation method.

Renewal Notice:

Specify days required for nonrenewal or termination notice before renewal.

Cure Period:

Define duration to remedy breach before remedies apply.

Refund Window:

State any refund or dispute timing for billed amounts.

Record Retention:

Indicate how long executed agreements are retained and where.

Key Risks and Consequences of Poorly Drafted Terms

Enforceability Risk: Ambiguous terms may be unenforceable
Regulatory Exposure: Noncompliance can trigger agency action
Tax Consequences: Incorrect reporting may cause penalties
Collection Delays: Vague remedies hinder debt recovery
Reputational Harm: Disputes can damage business relationships
Operational Friction: Poor processes increase processing time

Real-World Examples

These concise examples show how organizations operationalize Finance Terms & Conditions with electronic signing and integrations.

Optica Ventures

Brian Fitzgibbons, COO found the interface simple and customer-friendly.

  • The team used online execution for investor documents to speed closing.
  • By standardizing templates and routing, Optica reduced turnaround time and improved auditability across investor and vendor agreements while maintaining clear consent records.

Fertility Centers of Illinois

John Butler, Founder praised the API and responsiveness of the platform.

  • They integrated signing with practice management to obtain patient financial consents.
  • The result was secure storage of signed consents, fewer administrative errors, and consistent handling of privacy and payment authorizations across locations.

Practical Tips for Drafting and Managing Terms

Apply consistent drafting and operational controls to reduce disputes and streamline execution and retention.

Use clear, plain language
Avoid ambiguous phrases. Define key terms and examples of obligations and remedies so parties have the same expectations and courts can enforce intent.
Specify payment mechanics
Detail timing, invoicing procedures, accepted payment methods, and late fee calculations to prevent billing disputes and collection delays.
Preserve audit trails
Retain timestamped electronic records, IP logs, and certificate of completion to support enforceability under ESIGN and UETA.
Coordinate with compliance
Review with privacy, tax, and regulatory teams to include required disclosures and ensure lawful data handling.

Comparison: signNow and Common eSignature Vendors

Basic price and capability comparisons can help choose an eSignature provider that meets cost and compliance needs without assuming every vendor offers the same features.

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 (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Common Questions About Finance Terms & Conditions

Answers to frequent questions about enforceability, electronic execution, notarization, and post-signature management for finance agreements.


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