DocuSign Notary - Terms and Conditions
These DocuSign Notary Remote Service Terms (“RON Service Terms”) govern your use of the DocuSign Notary Remote Service (“RON Service”) defined below. The RON Service is provided by DocuSign, Inc. and is a DocuSign Service as defined in our Sites and Services Terms and Conditions located here. By using the RON Service, which includes the DocuSign Signature Service, you agree to be bound by the Sites and Services Terms and Conditions (incorporated herein by reference) and the following RON Service Terms. Unless otherwise defined in these RON Service Terms, capitalized terms will have the meaning given to them in the Sites and Services Terms and Conditions.
- 1.1. “Applicable Notary Laws” mean the law of the state or commonwealth in which the Notary is commissioned/licensed.
- 1.2. “DocuSign Notary Remote” or “RON Service” means the DocuSign Services for remote online notarization where one or more Signers, using the RON System, remotely appear before a Notary and electronically sign an eDocument via DocuSign Signature, and where a Notary verifies the Signer’s identify, witnesses the Signer’s DocuSign Signature, electronically signs the eDocument via DocuSign Signature, electronically notarizes the eDocument, makes an audio-visual recording of the RON Session, and creates an electronic journal of the notarial act that includes the audio-visual recording.
- 1.3. “IDV Services” mean identity authentication and verification services.
- 1.4. “Notary” means the commissioned notary, designated by an Authorized User, who conducts the remote online notarial session.
- 1.5. “Participants” mean the Signer(s) and the Notary.
- 1.6. “Signer” means a person designated by an Authorized User to access and/or take action upon the eDocuments sent to such individual via DocuSign Signature.
- 1.7. “RON System” means the software systems and programs, the communication and network facilities, and the hardware and equipment used by DocuSign or its agents to make available the DocuSign Notary Remote service via the Internet.
- 1.8. “RON Session” means a remote online notarial ceremony where one or more Signers, using the RON System, remotely appear before a Notary electronically sign an eDocument, and where the Notary electronically signs and notarizes the eDocument.
- 1.9. “RON Session Information” means the audio-visual recording, and electronic journal, that are generated for Notary to download at the Conclusion of a RON Session.
- 1.10. “RON Transaction Data” means the metadata associated with a RON Session (such as transaction history, image hash value, method and time of RON Session deletion, Participant, email addresses, user IDs), audio-visual recording, and electronic journal that DocuSign may use to generate and provide the digital audit trail required by DocuSign Notary Remote.
- 1.11. “Subscription Term” means the term of Customer’s early access arrangement with DocuSign pursuant to a separate early access agreement entered into between Customer and DocuSign.
2. SIGNER OBLIGATIONS AND REPRESENTATIONS.
Each Signer represents and agrees that:
- 2.1. Signer is a citizen of and located in the United States of America or a territory thereof;
- 2.2. Signer is not located in or a resident of Illinois;
- 2.3. Although remotely notarized documents may be accepted in certain states generally, certain counties, cities, agencies, entities, businesses etc., may not accept remotely notarized documents;
- 2.4. Signer is responsible for confirming acceptance of remotely notarized documents prior to using the remote online notarization service;
- 2.5. Notaries using the DocuSign Notary Remote are not employees, representatives, or agents of DocuSign and that all eDocuments are accepted, signed, stamped, and completed at the sole discretion of the Notary.
3. NOTARY OBLIGATIONS AND REPRESENTATIONS.
Notary represents, warrants and agrees that, for each RON Session:
- 3.1. Notary is registered under, validly commissioned by, and performs services by virtue of, the Applicable Notary Laws; and
- 3.2. Notary is a citizen of the United States of America or a territory thereof and is located in the State in which Notary is commissioned;
- 3.3. Notary is explicitly requesting and invoking the Notary’s authority under the Applicable Notary Laws, regardless of any Signer’s geographic location at the time of the RON Session;
- 3.4. During the notarial session, any information, instructions or advice communicated by the Notary to the Signers is provided by the Notary and does not constitute legal advice of DocuSign;
- 3.5. DocuSign is not responsible for determining whether any document:
- 3.5.1. is subject to an exception under Applicable Notary Laws;
- 3.5.2. is subject to any particular agency rules or regulations pertaining to electronic notarization; or
- 3.5.3. can be notarized electronically or remotely under Applicable Notary Law.
- 3.6. Notary is responsible for:
3.6.1 confirming acceptance of the remotely notarized document prior to using the RON Service;
3.6.2 recognizing and identifying the parties of interest in all RON Sessions; and
3.6.3 conducting all notary business in accordance with all Applicable Notary Laws, including but not limited to:
- 220.127.116.11. recording the required information in the journal for each notarial act; and
- 18.104.22.168. ensuring the notarial acknowledgment or certificate is accurate and properly filled out;
- 22.214.171.124. confirming the seal is correct before applying it to an eDocument.
- 126.96.36.199. refraining from any act or omission that would be grounds for suspension or revocation of a commission.
- 188.8.131.52. downloading, backing-up, storing, retaining and appropriately protecting the audio-visual recording, along with the electronic journal, at the end of the RON Session.
- 3.6.4. Providing an electronic seal to be uploaded for each RON Session.
- 3.6.5. Some states may require Notary to either purchase a digital certificate from the state directly or to purchase one from a trusted certificate authority. Notary is responsible for meeting any digital certificate requirements, and DocuSign is not responsible for the cost of acquiring the certificate, for the effectiveness of any purchased digital certificate, or for the effectiveness of any notarial act that fails to include a digital certificate.
- 3.7. Notary will share feedback to DocuSign concerning the functionality, user experience and/or performance (including identifying potential errors and improvements) of the RON Service (“Feedback”), and hereby assign to DocuSign all right, title, and interest in and to the Feedback. DocuSign is free to make unrestricted use of the Feedback, including but not limited to, incorporation of such Feedback into the RON Service or other software products without any necessity of payment to You. You represent and warrant that You are the sole owner of the Feedback, or otherwise have the unfettered right or license to make the foregoing assignment. Any Feedback shall be DocuSign’s Confidential Information.
- 3.8. Notary will defend, indemnify, and hold DocuSign, its affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to:
- 3.8.1. violation by Notary of the terms of these DocuSign Notary Remote Service Terms of Service or the Sites and Services Terms and Conditions; or
- 3.8.2. errors or omissions made by Notary.
4. IDV SERVICES.
- 4.1. Signers consent to verification and authentication of their identity using IDV Services. These methods may include, but are not limited to knowledge-based authentication, which involves asking Signers a series of questions based on data derived from public and private sources; credential analysis, which involves affirming the validity of a government-issued identification credential; audio and video conferencing and recording technology; and SMS text, password, or email verification.
- 4.2. Third party service providers may perform IDV Services. You agree we may transmit your personal information, including information that appears on your government-issued identification, to third party service providers for purposes of providing IDV Services.
- 4.3. Signers will be required to produce a state-issued drivers’ license or a US passport for credential analysis, and for visual inspection by the Notary through audio visual means, if required by Notary. An electronic copy of the Signer’s identification may be captured and recorded during the notarial session at the Notary’s discretion.
5. AUDIO-VISUAL RECORDINGS.
- 5.1. Notary is responsible for compliance with all recording laws, including obtaining any necessary consents.
- 5.2. By participating in a RON Session, Signers and Notary expressly consent to the audio-visual recording and electronically storing of any and all RON Session Information, including but not limited to: your name, phone number, email address, government issued ID or passport and other identity documents; audio recordings; video recordings; photos or images; results of identity verification or credential analysis; transaction documents; session and connection metadata and other information; and any other information collected during or required to complete the notarial session.
- 5.3. It is the Notary’s responsibility to download, back-up, store, retain and appropriately protect the audio-visual recording, along with the electronic journal, at the end of the RON Session.
6. ELECTRONIC JOURNAL.
- 6.1. DOCUSIGN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE ELECTRONIC JOURNAL FEATURE IS SUFFICIENT TO MEET APPLICABLE NOTARY LAW REQUIREMENTS.
- 6.2. DocuSign provides a freeform field for Notary to record any additional information, or to amend any existing information, to conform the journal to Applicable Notary Law. You acknowledge that, by using DocuSign Notary Remote, Notary is responsible for downloading, applying a password or other protection Required by Applicable Notary Laws, and retaining the electronic notary journal in accordance with Applicable Notary Laws.
7. ACCESS, STORAGE AND DELETION
- 7.1. The audio-visual recording of the notarial session will be electronically stored by DocuSign during the duration of the online transaction room configured by Customer for the RON Session, during which time it is the Notary’s responsibility to download, back-up, store, retain and appropriately protect the audio-visual recording, along with the electronic journal. Notary expressly grants Customer permission to access, store and delete the RON Session Information, and DocuSign shall have no liability for allowing Customer such access. RON Session Information will automatically be deleted by DocuSign the earlier of the online transaction room termination date set by Customer, or ninety (90) calendar days after the completion of a RON Session.
- 7.2. Uncompleted RON Session. DocuSign may, at its sole discretion, delete uncompleted RON Session Data from the RON System immediately and without notice upon the expiration of the RON Session. DocuSign assumes no liability or responsibility for a Customer’s failure or inability to complete any RON Session within such a period of time.
- 7.3. Deletion. DocuSign may delete Customer Data, including without limitation RON Session Data (whether complete or not), upon the expiration of the Subscription Term or termination as described in Section [5.3] of these Terms of Service.
- 7.4. Retention of Transaction Data. DocuSign may retain RON Transaction Data for as long as it has a business purpose to do so.
8. INFORMATION SECURITY AND PERSONAL DATA
- 8.1. Customer Responsibilities. DocuSign Notary Remote provides Customer with certain features and functionalities that Customer may elect to use, including the ability to retrieve and delete eDocuments and in the System. Customer is responsible for properly: (a) configuring DocuSign Notary Remote; (b) using and enforcing controls available in connection with DocuSign Notary Remote (including any security controls); and (c) taking such steps, in accordance with the functionality of DocuSign Notary Remote, that Customer deems adequate to maintain appropriate security, protection, deletion, and backup of Customer Data, which include controlling the management of Authorized Users’ access and credentials to DocuSign Notary Remote, controlling Customer Data that is Processed by DocuSign Notary Remote, and controlling the archiving or deletion of eDocuments in the System. Customer acknowledges that DocuSign has no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of DocuSign Notary Remote (e.g., offline or on-premise storage).
- 8.2. Information Security. DocuSign will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.
- 8.3. Data Processing/Transfer. The Data Protection Attachment for DocuSign Signature found at: https://www.docusign.com/company/terms-and-conditions/schedule-docusign-... (“DPA”) is incorporated into and made part of these Terms of Service and governs the Processing of Personal Data by DocuSign as a Processor on behalf of Customer. References to DocuSign Signature will mean to include DocuSign Notary Remote. Except as to the foregoing, unless otherwise defined in the DPA, capitalized terms will have the meaning given to them in the Terms of Service.
- 8.4. Sensitive Information. Audio-visual recording of a RON Session may involve biometric and other information deemed sensitive or other special category of Personal Data under applicable law (“Sensitive Information”). In accordance with DocuSign’s Processing of Personal Data under the DPA, the nature and purpose of the Processing of Sensitive information involves the provision of DocuSign Notary Remote to Customer as set out in these Terms of Service and the DPA. DocuSign will encrypt, using industry standard encryption tools, Sensitive Information that DocuSign transmits or sends wirelessly or across public networks, and stores at rest. Sensitive Information and other Personal Data will be deleted as described in Section 7 of these Terms of Service and the DPA.