Date: Tuesday September 1st, 2026
We identified that the DocuSign agreement sent to merchants for rate changes includes a 2-year exclusivity clause. However, this provision does not apply to the majority of our merchants.
Summary:
The exclusivity clause is only applicable when Square provides the merchant with specific discounts or incentives, such as discounted hardware or premium services (for example, complimentary onsite installation). Because Square is not providing these types of incentives to our merchants, the clause does not apply in these cases.
Details from Square directly in reference to the rate change within DocuSign :
"Exclusivity. For a period of 2 years ("Term"), Company agrees that it will use for itself, and will contractually require its Company Franchisees (where applicable) to use the Services as the exclusive payment processing and point-of-sale services for all in person, online, or offline transactions at Company and Company Franchisee locations, excluding food delivery marketplaces. In the event of a breach by Company of this Section, Square may, in addition to any other rights and remedies contained in this Agreement or otherwise provided by applicable law, adjust the fees set forth in this Agreement and Company will immediately pay, upon notice by Square, a fee equal to the discounts and credits provided under this Agreement, prorated by the number of months remaining in the Term (“Exclusivity Penalty Fee”)."
Because our merchants are not receiving any discounts or incentives, this provision does not apply to them. The exclusivity clause is intended to protect Square when discounted hardware, premium services (such as onsite installation), or other promotional credits are provided. Any applicable discounts or incentives would be clearly identified on Page 1 of the agreement.