Admins can create, send, sign, and track mutual non-disclosure agreements (NDAs) directly in Mercury on web. You can send an NDA to an existing payment recipient or someone you haven't yet added as a recipient.
Create an NDA
You can start a new NDA from either the Recipients page or the Agreements tab in the Documents & Data section of your Mercury account.
From the Recipients page
- Go to Payments and open the Recipients page
- Find the NDAs column and click the + for the recipient you'd like to send an NDA to
- Follow the prompts to create your NDA
From Documents & Data
Use this option if you want to create an NDA for someone who isn't already a payment recipient.
- Go to Documents & Data and click on the Agreements tab
- Click +Create NDA
- Follow the prompts to create your NDA
Complete your NDA
The NDA flow walks you through the information needed to create the agreement. You'll also see a live PDF preview before sending it.
1. Configure the NDA
Enter the basic terms of the agreement:
- Purpose: The reason for the NDA from the dropdown
- Effective date: The date the agreement takes effect
- Term length: How long the NDA remains in effect in years
- Term of confidentiality: How long the confidentiality obligations remain in effect
- Changes to standard terms (optional): Any adjustments you'd like to make to the Common Paper standard terms
Note: Mercury can't advise you on which choice of law, jurisdiction, term length, or other legal terms to select, or whether the standard terms are appropriate for your situation. Consider consulting your legal counsel if you have questions about these choices.
2. Confirm your company information
Some company information will be filled in automatically. Review it and make any necessary changes:
- Company legal name
- Sender's address
- Governing law
- Jurisdiction
Governing law determines which laws apply to the NDA, while jurisdiction determines where disputes related to the NDA may be brought.
3. Add the signatory
Enter the name and title of the person at your company who will sign the NDA.
4. Add the recipient
Select an existing recipient or create a new one and provide the following:
- Full legal name
- Street address
- Company name
- Title
5. Review and send
Review the information you've entered and the live PDF preview of the NDA.
Before sending, you can also:
- Add someone as a CC if they need to receive the agreement
- Sign the NDA before sending it to the recipient
- When everything looks correct, click Send ND
Sign an NDA
Each signer receives a secure link to review and electronically sign the NDA in their browser. Recipients don't need a Mercury account to review or sign the agreement.
Once everyone has signed, the NDA is fully executed and the parties are notified.
Track and download NDAs
You can keep track of NDAs you've sent from Mercury:
- On the Recipients page, check the NDAs column to see the status of an NDA associated with a recipient
- In Documents & Data, open the Agreements tab to see all of your NDAs and open an NDA to view its details or download multiple NDAs at once
About the NDA terms
Mercury's mutual NDA uses Common Paper's standard mutual NDA terms. The standard agreement includes terms covering:
- The purpose of the disclosure
- What qualifies as confidential information
- Treatment of confidential information provided "as-is"
- Confirmation that the NDA doesn't transfer intellectual property rights
Mercury doesn't provide legal advice. You are responsible for determining whether the NDA and its terms are appropriate for your situation. Consider consulting your legal counsel if you have questions about the agreement or the terms you select.
Mercury is a fintech company, not an FDIC-insured bank. Banking services provided through Choice Financial Group and Column N.A., Members FDIC.