In these AG Notices, references to Addleshaw Goddard (or we, our or us) mean Addleshaw Goddard LLP, its subsidiaries and affiliates, and the other partnerships and other entities or practices authorised to use the name "Addleshaw Goddard" or, as the context may require, the specific Addleshaw Goddard practice that is advising on the relevant transaction.
These AG Notices will apply to Users of DocuSign ("you") on each occasion that you access DocuSign through Addleshaw Goddard LLP's account, save in respect of transactions in France on which Addleshaw Goddard (Europe) LLP is advising. These AG Notices are subject to change by Addleshaw Goddard LLP at the sole discretion of Addleshaw Goddard LLP and your continued use of DocuSign after any such changes confirms your acceptance of the updated AG Notices.
DocuSign provides a cloud-based, electronic signature technology and digital transaction management service for facilitating the electronic execution of documents.
By agreeing to use DocuSign, you agree that Addleshaw Goddard may upload a final version of the relevant document(s) for you and, where relevant, any other signatories and/or witnesses to the document(s) to execute on the DocuSign platform.
By using DocuSign to facilitate execution of your document(s), you also acknowledge that acceptance of DocuSign's Terms of Use and Privacy Policy occurs automatically when you access, use and download material from the DocuSign platform. As a result we recommend that you read DocuSign's Terms of Use and Privacy Policy (available through DocuSign's website) to ensure that these are acceptable to you.
You should also note that DocuSign may amend its Terms of Use and Privacy Policy at any time and any continuing use of DocuSign will be taken as automatic acceptance of its most up to date Terms of Use and Privacy Policy.
A document that is to be executed electronically using an e-signature, will be uploaded into a DocuSign Envelope (Envelope) and a link granting access to the relevant Envelope will be sent to the relevant signatories (and, where relevant, witnesses).
If a transaction involves a number of different counter parties needing to sign a number of different documents, this may require more than one Envelope.
As part of the use of DocuSign, Addleshaw Goddard may process personal data about you. Please see the Addleshaw Goddard Privacy Notice on their website for more information. Addleshaw Goddard will not conduct any due diligence on any IP address provided to us by the DocuSign platform or otherwise nor will Addleshaw Goddard verify the physical location of any signatories.
DocuSign is a third party platform used by Addleshaw Goddard. For details about how DocuSign will process your personal data, please see their Privacy Notice, available through DocuSign's website.
By using DocuSign, you acknowledge that certain personal information of signatories and witnesses to documents executed on the DocuSign platform will be visible to other parties to the document, those who receive a copy of the document via DocuSign and Addleshaw Goddard. If witnesses are to be used, you should note that witnesses will have access to, and be able to view the document(s) at the time they affix their signature to the document.
Any signed document(s) and Certificate of Completion (provided by DocuSign) will be held as a soft copy by Addleshaw Goddard outside of the DocuSign platform in accordance with our file retention policy. We will not retain hard copies of documents executed via the DocuSign platform.
Once an Envelope has completed its workflow within DocuSign, the document(s) contained in that Envelope will be stored on DocuSign's centralised document repository for a period of 5 days. This document retention period will also apply to Envelopes that have been voided or declined. If a link to an Envelope containing document(s) is not actioned by all recipients within 28 days, the Envelope will be automatically voided. After the 5 day document retention period, the document(s) will move to the DocuSign document purge queue where it will be held for a further 14 days before being permanently deleted from Addleshaw Goddard's DocuSign account.
DocuSign may retain Transaction Data (as defined in its Terms of Use) for as long as it has a business purpose to do so.
Please note that DocuSign is a third-party, electronic execution platform and is not in any way connected to Addleshaw Goddard. As a result, no Addleshaw Goddard entity has control and therefore shall have no responsibility or liability over DocuSign and its decision making functions; the availability (or non-availability) of the platform; or any information security measures employed by DocuSign.
No Addleshaw Goddard entity accepts liability for the security of the data while it is on the DocuSign platform or for any viruses, malware, or similar contained in any data downloaded from DocuSign. You acknowledge and agree that no Addleshaw Goddard entity will owe you any duties or liabilities in connection with DocuSign, including but not limited to, the execution of (or failure to execute) any document(s), or the use or storage of any information on the DocuSign platform.
You are responsible for any access/SMS authentication passwords allocated to you. You must keep all usernames and passwords strictly confidential, and must notify Addleshaw Goddard immediately if any are lost, stolen, or disclosed to any third party.
If, in using DocuSign you access any data that should not have been accessible to you (whether because it is confidential to another party or because it has erroneously been sent/made visible to you), you are required to immediately notify Addleshaw Goddard and comply with any instructions from Addleshaw Goddard to delete the data. You must not download or make any copies of that data or forward the information to any other person. If you believe there has been any inappropriate access of data by any party (including within your own organisation), you must immediately notify Addleshaw Goddard.
Addleshaw Goddard is also not responsible for the proper functioning of DocuSign, including the availability of DocuSign and your ability to access any information on its platform. Addleshaw Goddard shall not be liable for (i) any indirect, special or consequential loss, or (ii) loss of profit, arising in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including from our negligence or non-performance). Nothing in these AG Terms exempts Addleshaw Goddard from liability where law prohibits the exclusion of such liability.
You can find information about DocuSign's security standards here. The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here.
These AG Notices are governed by, and shall be construed in accordance with, the laws of England and Wales