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All payments made by customers are non-refundable except where expressly provided in the terms, agreed separately by the parties, or required by applicable law.
This analysis describes what DocuSign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a general non-refundable payment policy for subscription and per-use charges. The carve-out for applicable law means statutory refund rights under consumer protection or distance selling laws in relevant jurisdictions are preserved, but no discretionary refund rights are granted beyond what the terms expressly state.
Under this clause, payments for DocuSign subscription plans and per-use purchases are non-refundable as a contractual default, subject to exceptions where expressly provided in the terms, separately agreed, or required by applicable law. Statutory refund rights under applicable consumer protection law are not waived by this provision to the extent applicable law requires.
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"CUSTOMER'S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS OTHERWISE AGREED TO BY THE PARTIES OR AS REQUIRED BY APPLICABLE LAW. Charges for pre-paid Subscription Plans will be billed to Customer in advance. Charges for per-use purchases and standard Subscription Plan charges will be billed in arrears unless otherwise specified in the Subscription Plan.Excerpt from DocuSign's Terms and Conditions
(1) REGULATORY LANDSCAPE: Non-refundable payment terms engage consumer protection statutes and distance selling regulations, including EU Consumer Rights Directive cooling-off periods, UK Consumer Contracts Regulations, and California consumer protection law. The FTC Act's prohibition on unfair or deceptive practices is relevant where refund policies are not adequately disclosed at point of purchase. The terms carve out applicability to personal consumer use, which may limit direct consumer protection exposure, but the boundary between business and consumer use warrants evaluation. (2) GOVERNANCE EXPOSURE: Medium. The non-refundable policy is a standard commercial term but the interaction with statutory cooling-off periods and refund rights in EU and UK jurisdictions creates compliance exposure for customers in those regions, particularly for prepaid annual subscription plans. (3) JURISDICTION FLAGS: EU and UK customers have statutory cooling-off and cancellation rights under distance selling regulations that may override contractual non-refundable provisions. Australian customers are covered by supplemental terms referenced in Section 11 that may include statutory consumer guarantees. California's consumer protection framework may interact with this provision depending on how the business/consumer distinction is applied. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether internal purchase approval workflows account for the non-refundable nature of prepaid subscription charges, particularly for annual plans. Service level failure scenarios and their interaction with the non-refundable policy should be reviewed. (5) COMPLIANCE CONSIDERATIONS: Where DocuSign services are procured in EU, UK, or Australian jurisdictions, legal teams should confirm whether statutory refund or cancellation rights apply notwithstanding this clause, and whether DocuSign's supplemental terms for those jurisdictions modify the refund policy.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision establishes a general non-refundable payment policy for subscription and per-use charges. The carve-out for applicable law means statutory refund rights under consumer protection or distance selling laws in relevant jurisdictions are preserved, but no discretionary refund rights are granted beyond what the terms expressly state.
Under this clause, payments for DocuSign subscription plans and per-use purchases are non-refundable as a contractual default, subject to exceptions where expressly provided in the terms, separately agreed, or required by applicable law. Statutory refund rights under applicable consumer protection law are not waived by this provision to the extent applicable law requires.
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