“DocuSign Service(s)” means the products and services specified in an applicable purchase order and provided by DocuSign. This DocuSign Master Services Agreement (“MSA”) is between DocuSign, Inc., a Delaware corporation, (“DocuSign”) and the customer (“Customer”) identified on the purchase order, collectively referred to as the “Parties” and individually the “Party”. The specific terms of use, product details and all applicable license and/or subscription terms are set forth in the applicable service plans under www.docusign.com/company/terms-and-conditions/msa-service-schedules), Purchase Order and SOW(s), each of which becomes binding on the parties and is incorporated into this MSA upon execution of a purchase order and/or specification. Each Purchase Order and/or Statement of Work is subject to the following documents, which are in effect at the time such documents were last updated and contain them, collectively referred to as the “Agreement” and consist of the following: “Purchase Agreement” means the Purchase Order and any other agreement between Customer and Reseller with respect to Customer`s purchase of DocuSign Services from such Reseller. 9.1 From DocuSign. “Account Administrator” means an Authorized User designated by Customer as an agent and expressly authorized to administer Customer`s Account, including, but not limited to, configuring administrative settings, assigning access and usage permissions, requesting miscellaneous or additional services, providing usage and performance reports, managing templates, the execution of approved campaigns, and Events, assistance with the integration of third-party products and receipt of data protection information. The customer may appoint an employee or external business partner or contractor as an account administrator and change his designation at any time through his account. 7.1 DocuSign Service Warranties. DocuSign warrants that the DocuSign Services will essentially operate in accordance with applicable DocuSign Services documentation during the applicable Term, when used as permitted under this Agreement.
Customer`s sole and exclusive remedy for DocuSign`s breach of this warranty will be for DocuSign to repair or replace the relevant DocuSign Services to conform to them, or, if DocuSign determines that the foregoing remedy is not commercially reasonable, either party may terminate this Agreement.7.2 Mutual Warranties. Each party represents and warrants that: (a) this Agreement has been properly performed and delivered and constitutes a valid and binding agreement enforceable against it under the terms of this Agreement; and (b) no approval or approval of any third party is required in connection with the performance, delivery or performance of this Agreement.7.3 Disclaimer. Except for the express representations and warranties set forth in this Section 7 (Warranties and Exclusions of Liability) or any Service Plan, DocuSign: (a) makes no additional representations or warranties of any kind, whether express, implied, statutory or statutory, of any kind; (b) disclaims all implied warranties, including, but not limited to, merchantability, fitness for a particular purpose and title; and (c) does not warrant that the DocuSign Services will be or will be error-free or meet Customer`s requirements. Customer may not make or disclose any representations or warranties to any third party on behalf of DocuSign. 13.3 Notices. Any notice required or permitted under this Agreement will only be effective if it is sent in writing and sent using: (a) the DocuSign Services; (b) registered or registered mail; or (c) a nationally recognized overnight courier service to the appropriate party at the address indicated on the purchase order with a copy, in the case of DocuSign, to legal@docusign.com. Each party expressly consents to the delivery of the treatment by registered mail. Each Party may change its address for the receipt of a notice to the other Party by means of a notice in accordance with this Section 13.3 (Notice). Notices will be deemed delivered upon receipt if delivered to a courier through the DocuSign Services, two (2) business days after the date of shipment or one (1) business day after delivery. If this Agreement is not renewed at the end of this Period, if the Agreement is otherwise terminated prior to the completion of the Project, or if certain work on a Project is terminated for any reason, the Contractor shall provide transitional assistance for a reasonable mutually agreed period after the expiration or termination of this Agreement or certain work under this Agreement. The purpose of this support is to enable the continuation of the expired or terminated portion of the Services without interruption or adverse effects and to facilitate the correct transfer of such services to the State or its agents. .