DocuSign Notary Attachment for DocuSign Signature

Service Attachment version date: August 3, 2021.

Unless otherwise defined in this DocuSign Notary Attachment for DocuSign Signature (the “Service Attachment”), capitalized terms will have the meaning given to them in the Agreement.

1.     DEFINITIONS.

“DocuSign Notary” means the remote online notarization service which is an add-on feature of DocuSign Signature.

“Notary” means a natural person commissioned as a notary public by a state, jurisdiction or territory of the United States who has the required certifications, approvals and training to perform remote online notarization(s), and who is invited by a Customer to use DocuSign Notary.

“Notary Session” means the remote online notary session where a Notary (a) confirms that the identity of one or more Signer(s) has been verified during a remote recorded audio-visual session to sign an eDocument; (b) witnesses the Signer’s signing of an eDocument; (c) signs and notarizes an eDocument; and (d) creates a Notary Session Record.

“Notary Session Record” means the electronic journal and audio-visual recording that must be downloaded by the Notary at the conclusion of a Notary Session.

“Signer” means, solely for purposes of this Service Attachment, a Signer (as defined in the Service Schedule for DocuSign Signature) who is not acting in the capacity of a Notary during a Notary Session on DocuSign Notary.

2.     CUSTOMER RESPONSIBILITIES. DocuSign’s provision of DocuSign Notary is conditioned on the following:

  (a)   Customer acknowledges sole responsibility for ensuring, at all times during the Term, that:

      i. all parties in a Notary Session are able to present a valid U.S. passport, U.S. state-issued driver’s license, or other identification legally acceptable for use in a Notary Session in an applicable state;

      ii. if required by applicable law, that the Notary is physically located in the jurisdiction of their commission at the time of the Notary Session;

      iii. its and its Authorized User’s use of DocuSign Notary has complied and will continue to comply with all applicable laws and regulations, including (1) notary laws related to the notarial certificate and any fee requirements; (2) U.S. export control laws; and (3) applicable data protection laws and regulations regarding Customer’s responsibility as a controller in the processing of personal data by DocuSign Notary;

      iv. Notaries have active commissions or licenses under applicable state or commonwealth law, and sufficient knowledge and training to use DocuSign Notary;

      v. it will obtain and maintain all documentation required by the law of Notary’s jurisdiction of commission including, without limitation, a copy of Notary Public’s commission/endorsement or other evidence of Notary’s authorization to act as a remote online notary public and, upon DocuSign’s request, Customer shall produce such documentation; and

      vi. its use of DocuSign Notary will comply with the Documentation, including any state support limitations included therein.

  (b)   Customer acknowledges that:

      i. DocuSign Notary does not support notarization by State Ex Officios and DocuSign Notary may not be used for such purposes;

      ii. DocuSign Notary is a service to assist the Customer in performing remote online notarization and DocuSign is not responsible for ensuring such notarization is performed correctly by Customer, Signer, Notary or any other user of the service;

      iii. DocuSign does not provide Notaries for DocuSign Notary and assumes no responsibility for Notaries’ use of DocuSign Notary and specifically disclaims any liability or obligation with respect to Notaries;

      iv. DocuSign is not responsible or liable for determining whether a resulting Notary Session Record (in whole or in part) is legally enforceable under applicable laws; and

      v. Notary has and retains exclusive rights to the Notary Session Record, and Customer will immediately accommodate Notary’s request to download any Notary Session Record, even if Notary is no longer employed by Customer.

3.     THIRD-PARTY CLAIMS. In addition to the third-party claims obligations set forth in the Agreement, Customer shall indemnify DocuSign and its employees, Affiliates, directors, agents, and representatives (“Indemnified Parties”) from, and defend DocuSign and the Indemnified Parties against, any Claim to the extent arising from or related to: (a) any representations or warranties regarding DocuSign Notary made by Customer to any third parties (including, without limitation, Signers) not authorized by DocuSign; and (b) non-performance of any responsibilities or obligations by Customer defined under this Service Attachment.