Last updated: 10 May 2021

Shawbrook Bank Limited – Business Finance - Conditions for use of DocuSign

In these Conditions: "we", "us" or "Shawbrook" means Shawbrook Bank Limited and its affiliates; "DocuSign" means DocuSign, Inc, its associated entities; "Software" means the system operated by DocuSign; and "you" means you and any person on whose behalf you sign, or purport to sign, a document using the Software.

These Conditions apply in addition to any other agreement between us. If you do not agree to these Conditions you must not access the Software or use the Software for the execution of any documents.  

DocuSign’s Terms of Use and Privacy Policy will also apply 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 the DocuSign 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.

The way in which we use personal information is set-out in our privacy notice at https://www.shawbrook.co.uk/privacy-notice.  If you would like a paper copy of our privacy notice, you can print a copy from our website or contact us by email at bf.compliance@shawbrook.co.uk for a copy.

In agreeing to use DocuSign, by selecting the check-box next to ‘I agree to the terms of the Electronic Records and Signature Disclosure ’ before clicking ‘CONTINUE’ within the DocuSign system, you confirm and agree to the following:

  • all transaction documents can be uploaded to the DocuSign platform. This is a cloud platform hosted in the EU;
  • 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, witness);
  • that acceptance of DocuSign’s Terms of Use and Privacy Policy occurs automatically when you access, use and download material from the DocuSign platform;
  • you understand that any execution method requiring signature in the presence of a witness requires that witness to be physically present with the signatory to witness his/her signature and see the signatory apply their signature to the relevant document on the DocuSign platform;
  • that the witness(es) will receive a signed copy of the document of which he/she witnessed the signature; and
  • by signing each document using the DocuSign platform you are authenticating the document with your electronic signature, and you confirm on behalf of the signing party that:
    • the signing party approves the documents accessed through DocuSign; 
    • you have the capacity to sign each relevant document on behalf of the signing party using an electronic signature;
    • the signing party accepts any document being executed with an electronic signature by any other party; and
    • the signing party acknowledges and agrees that Shawbrook Bank is irrevocably authorised, without further notice to you and the signing party, to release such party's signed signature page(s) and to date and (as required) deliver each document, thereby binding the signing party to its terms.

 

Additional information for witnesses:

The witness must sign after you have signed. We have built this into the DocuSign envelope by way of a signing order. The witness should also sign immediately after you. If the witness signature is inserted after a significant period of time this may cause delays in completion of the transaction as we consider the acceptability of such execution on a case by case basis taking into account the reasons for any time gap. There must be a valid reason for this time gap. You should instruct the witness to delete copies of any emails that they receive from DocuSign, together with copies of any such documents that they may receive through the signing process once they completed the witnessing process.

Use of the Software

Any use of the Software is at your own risk. We are not responsible for the Software.  We give no assurances and make no representations concerning your use of the Software, including without limitation that the execution of any document using the Software will be legally effective, or that the document will be binding.  We are not responsible for retaining copies of documents merely because they are uploaded to or created by the Software. We do not have any liability for any loss or damage of whatever nature arising from your use of the Software, or any services, information or advice given by any third party including DocuSign, and you agree not to bring a claim against us or any of our partners or employees in respect of any such loss or damage.

You acknowledge that we cannot guarantee the availability or proper functioning of the Software and that we have no liability to you for any delay or disruption to, or failure of, the Software. We are not liable for any direct, indirect or consequential loss you suffer (ie any loss whether or not such loss arises naturally from and in the usual course of the breach). Nothing in this clause excludes or limits our liability to you to the extent that liability may not be excluded or limited by any applicable law.

Document Retention

Once an Envelope has completed its workflow within DocuSign, the document(s) contained in the Envelope will be stored on DocuSign’s centralised document repository for a period of 120 days.  This document retention period will apply to Envelopes that have been voided or declined.  After the 120 days retention period, the document(s) will move to the DocuSign purge queue where it will be held for a further 14 days before being permanently deleted from Shawbrook Bank’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.

Governing Law

These Conditions are governed by English law.