Can the Sales Presales Agreement be e-signed?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided you demonstrate signer intent, consent, attribution, and reliable record retention. Exceptions like wills or certain court filings may still require wet signatures.

What authentication is recommended for presales agreements?

Use at least email plus one additional factor for higher-risk deals: SMS passcode, knowledge-based authentication, or platform two-factor. For healthcare or payment collection, use enhanced signer authentication and a BAA where HIPAA applies to protect PHI.

Does the agreement need notarization?

Not typically. Most presales agreements do not require notarization. Notarization or RON may be necessary if state law or a specific party requires notarized acknowledgements for a related document such as deeds, powers of attorney, or certain statutory filings.

How long to retain records?

Retain presales agreements for the active contract term plus at least three years. For tax, SEC, or HIPAA-related matters, follow IRS, SEC, or HIPAA retention rules which can require three to six years or longer depending on the statute.

What are the most common errors?

Incomplete signer information, ambiguous scope language, missing effective date, inconsistent pricing terms, and failure to capture approvals are frequent issues. Missing or incorrect taxpayer identification can also trigger backup withholding or IRS reporting problems.

Can I update the agreement later?

Yes. Amendments are enforceable when signed by authorized parties. Use an amendment clause or execute a clear amendment document stating changes, effective date, and signatures; retain both the original and amendment together for audit and compliance purposes.

Electronic Signature
Templates
Miscellaneous
Sales Presales Agreement

Sales Presales Agreement

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

SALES PRESALES AGREEMENT

This Sales Presales Agreement ("Agreement") is made and entered into as of Effective Date: by and between Seller Name: with principal address: and Client Name: with principal address: .

RECITALS

WHEREAS, Seller is engaged in the business of providing sales demonstrations, technical evaluations, and presales consulting services in connection with the sale of products and services; and

WHEREAS, Client desires to engage Seller to perform presales activities described herein in order to evaluate a potential purchase or deployment of Seller's products or services; and

WHEREAS, the parties desire to set forth the terms and conditions under which Seller will perform the presales services and Client will compensate Seller.

SCOPE OF WORK

Seller shall perform the presales services described below. The services may include product demonstrations, requirements review, technical feasibility analysis, development of proof-of-concept materials, pricing estimates, and preparation of a formal proposal.

Detailed Scope of Work Acceptance Criteria / Deliverables

PAYMENT TERMS

Client shall pay Seller for presales services as set forth below. All amounts are in U.S. dollars unless otherwise agreed in writing.

Total Fee for Presales Services Payment Schedule / Milestones

Late payments shall accrue interest at a rate of on the outstanding balance, or the maximum rate permitted by law, whichever is lower.

Expense Reimbursement (if applicable)

Seller will be reimbursed for preapproved, reasonable out-of-pocket expenses incurred in connection with the presales activities. Expense approval required: Yes

TERM AND TERMINATION

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

Either party may terminate this Agreement for convenience upon written notice of days to the other party. Either party may terminate for material breach if the breaching party fails to cure such breach within 30 days after receipt of written notice specifying the breach.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by a disclosing party to the receiving party in connection with this Agreement that is designated confidential or that reasonably should be understood to be confidential. The receiving party shall: (a) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, (b) use Confidential Information solely to perform its obligations under this Agreement, and (c) not disclose Confidential Information to third parties except to those employees, contractors or advisors with a need to know and who are bound to confidentiality obligations no less protective than those herein.

Confidentiality obligations shall continue for a period of years following termination or expiration of this Agreement, except with respect to trade secrets, for which the obligations will continue as long as such information remains a trade secret under applicable law.

INTELLECTUAL PROPERTY

Except as expressly provided in a mutually executed statement of work, Seller retains all right, title and interest in and to its preexisting intellectual property, materials, tools and know-how. Any new materials produced solely by Seller in the course of performing presales services and identified in writing as deliverables shall be owned by unless otherwise agreed in a separate written agreement.

LIMITATION OF LIABILITY

Except for liability arising from willful misconduct or breach of confidentiality, each party's aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by Client to Seller under this Agreement. In no event shall either party be liable for incidental, consequential, special or punitive damages.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, together with any statement of work or written attachments executed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

NOTICES

Notices required or permitted under this Agreement shall be in writing and delivered to the address set forth below for each party or to such other address as either party may designate by notice in accordance with this section.

Seller Notice Contact Client Notice Contact

The parties have executed this Agreement through their duly authorized representatives as of the Effective Date first written above.

Seller:

By:

Date:

Client:

By:

Date:

What a Sales Presales Agreement Covers

The Sales Presales Agreement is a written contract that documents the proposed terms, scope, pricing, and responsibilities presented by a seller during the presales phase of a commercial transaction. It clarifies deliverables, timelines, acceptance criteria, and non-binding versus binding provisions so both parties understand expectations before entering a final sales contract. Typical uses include pilot agreements, statement of work drafts, pricing proposals, and pre-contractual confidentiality clauses. Well-drafted presales agreements reduce misunderstandings, speed negotiations, and provide an auditable record of pre-contract commitments and approvals.

Why a Presales Agreement Matters for Commercial Deals

Use a Sales Presales Agreement to document negotiated terms early, set clear expectations, and protect intellectual property and pricing during negotiations. It reduces rework, creates an audit trail for approvals, and helps teams align on scope before drafting a binding sales contract.

Who Typically Prepares and Signs This Agreement

Common users include sales leaders, presales engineers, legal counsel, procurement teams, and customer success managers who coordinate pre-contract commitments.

Sales leaders — finalize commercial terms, pricing floors, and high-level deliverables before contract drafting.
Presales engineers — document technical scope, acceptance criteria, and proof-of-concept responsibilities.
Legal and procurement — confirm liability, IP treatment, confidentiality, and approval routing.

Summarize roles early to prevent downstream disputes and ensure required approvals are captured before executing binding documents.

Step-by-Step: Completing a Sales Presales Agreement

Follow these steps to complete a Sales Presales Agreement accurately and consistently for presales workflows.

01

Prepare Draft: Gather scope, pricing, milestones, and assumptions from sales and technical teams.
02

Define Terms: Specify binding provisions, payment terms, and renewal or cancellation rules.
03

Review: Legal reviews liability, IP assignment, and confidentiality clauses for compliance.
04

Approve & Archive: Obtain signatories, record signatures, and store final document with version control.

Common Questions About Execution and Validity

Answers to common questions about preparing, signing, and storing a Sales Presales Agreement in U.S.-centric workflows.

Need help? Contact support

Can the Sales Presales Agreement be e-signed?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided you demonstrate signer intent, consent, attribution, and reliable record retention. Exceptions like wills or certain court filings may still require wet signatures.
What authentication is recommended for presales agreements?
Use at least email plus one additional factor for higher-risk deals: SMS passcode, knowledge-based authentication, or platform two-factor. For healthcare or payment collection, use enhanced signer authentication and a BAA where HIPAA applies to protect PHI.
Does the agreement need notarization?
Not typically. Most presales agreements do not require notarization. Notarization or RON may be necessary if state law or a specific party requires notarized acknowledgements for a related document such as deeds, powers of attorney, or certain statutory filings.
How long to retain records?
Retain presales agreements for the active contract term plus at least three years. For tax, SEC, or HIPAA-related matters, follow IRS, SEC, or HIPAA retention rules which can require three to six years or longer depending on the statute.
What are the most common errors?
Incomplete signer information, ambiguous scope language, missing effective date, inconsistent pricing terms, and failure to capture approvals are frequent issues. Missing or incorrect taxpayer identification can also trigger backup withholding or IRS reporting problems.
Can I update the agreement later?
Yes. Amendments are enforceable when signed by authorized parties. Use an amendment clause or execute a clear amendment document stating changes, effective date, and signatures; retain both the original and amendment together for audit and compliance purposes.

Compare eSignature Pricing and Core Capabilities

Compare common eSignature pricing and capabilities for executing Sales Presales Agreements; signNow is listed first per vendor comparison requirements.

	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)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes (BAA)	Yes (BAA)	No	No

Key Penalties and Risks of Errors

Incorrect TIN: Triggers backup withholding (24%)

Late 1099: $60–$330 per form penalties

Intentional Disregard: $660+ per form, no cap

Missing Signatures: Contract may be unenforceable

HIPAA Violation: Civil/criminal penalties possible

I-9 Errors: $281–$2,789 per violation

Common Preparation Pitfalls to Avoid

Relying on ambiguous 'scope' language that omits acceptance criteria leads to buyer-seller disputes and project delays during implementation.
Collecting incomplete signer data or misspelled legal names can cause bank or taxation friction and may require re-execution of documents.
Failing to specify whether prices are estimates or firm creates confusion and risk during contract negotiation and invoice disputes.
Not recording approvals, version history, or audit trails increases legal risk and complicates compliance reviews and internal audits.

Security and Compliance Features to Look For

Encryption in Transit: TLS 1.2/1.3 required

Encryption at Rest: AES-256 encryption at rest

Certifications: SOC 2 Type II, ISO 27001

HIPAA: BAA available when needed

ESIGN/UETA: Compliant with federal and state law

21 CFR Part 11: Supports FDA-regulated signature workflows

Typical Online Workflow Settings for Presales Agreements

Configure your online presales workflow to include templates, signer roles, authentication, and storage options before sending for signature.

Field	Configuration
Template	Use standard SOW templates with conditional fields
Signer Roles	Set signer order and role-based access
Authentication	Choose email, SMS, or KBA when required
Storage	Auto archive to cloud storage with versioning

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