The following is a list of contractual provisions in the Docusign MSA that were negotiated on behalf of the community:
Pricing, discounts, and billing: The pricing being offered to the NET+ community is significantly more advantageous than outside of the Program.
Product Offering: At the core of the Program is Docusign’s cloud subscription services, which is offered on a full deployment basis or by envelope package. In addition, under the Program, customers can order optional services, such as CFR Part 11, Docusign for Salesforce, Retrieve, CLM, as well as professional services, which may include integration and deployment consulting. All of the packages offered include a base level of customer service.
Accessibility: language requiring compliance with current standards and expressing Docusign’s commitment to work towards the higher ed community’s standards and any new federal or state standards during the term;
Data Notification / Remediation Costs: In the event of a data breach, Docusign will provide coverage of certain data notification costs regardless of whether an insurance or indemnification claim is ripe.
Customer data: FERPA covenant, including agreement by Docusign to be bound as a “school official;”
GDPR covenant, will at a minimum maintain a certain level of compliance, notwithstanding a future modification or amendment to the the Docusign privacy policy; standard for when BAA required, and that BAA will, at a minimum, contain a compliance with laws covenant and an insurance covenant; provisions addressing Docusign’s obligations to retain customer data in compliance with the campus’s state law obligations and Docusign’s obligations to assist in the transfer of data following the expiration or termination of a term; and
Confidentiality: specific exclusions to Docusign’s standard confidentiality provision that allow campuses flexibility to respond to FOIA and similar requests;
State law, governing law, forum: for all customers, the law of the state in which the main campus is located will govern, and that state’s courts have jurisdiction; this standard applies notwithstanding any other statement in any other policy or service schedule for specific services.
Representations and Warranties: multiple representations and warranties added to the Docusign form, including regarding compliance with laws and specific higher ed requirements.
Indemnification and Limitations on Liability: the terms offer mutual limitations on liability and indemnification rights between Customer and Docusign and the Reseller Service Order provides for mutual limitations on liability and indemnification rights between Customer and the applicable reseller.