How to use the Bonterms Business Associate Agreement (Cover Page Version)

Use this version if you wish to enter into the BAA using a separate Cover Page.

1. Review the BAA with your lawyer.

2. Prepare your Cover Page (example). Identify the following:

   • Parties: Customer and Business Associate

   • Key Terms: Main Agreement and BAA Effective Date.

   • Additional Terms: Any changes to or modifications of the BAA.

3. Send your Cover Page to your counterparty.

4. Negotiate the Cover Page.

5. Sign the Cover Page and create your BAA!

How to use the Bonterms Business Associate Agreement (Signable Version)

Use this version if you wish to enter into the BAA by signing the BAA itself.

1. Review the BAA with your lawyer.
2. Complete the document fields with:
   • Parties: Customer and Business Associate names and details
   • Key Terms: Main Agreement reference and BAA Effective Date
   • Additional Terms: Any changes to or modifications of the BAA
3. Agree on terms with your counterparty.
4. Sign the BAA!

How to use the Bonterms Business Associate Agreement (Attachment Version)

Use this version if you wish to attach the BAA to an existing agreement or include it when signing a new agreement.

1. Review the BAA with your lawyer.
2. Draft implementing language to add to the Main Agreement (if new) or an amendment (for existing Main Agreements) that specifies:
   • Parties: Customer and Business Associate names and details
   • BAA Effective Date
   • Main Agreement reference
   • Additional Terms: Any changes to or modifications of the BAA
   • Example: "The parties agree that the Bonterms Business Associate Agreement Version 1.0 (Attachment Version) attached as Exhibit [X] is incorporated into and forms part of this Agreement. For purposes of the BAA, [Party Name] shall be the 'Customer' and [Party Name] shall be the 'Business Associate'. The BAA Effective Date shall be [date]. [Include any Additional Terms if needed]." 
3. Sign the agreement or amendment to effectuate your BAA!

FAQs for the BAA

What is a BAA for?

• Generally speaking, a Business Associate Agreement (BAA) is an agreement that entities covered by the federal healthcare law HIPAA are required to enter into with SaaS providers or other “business associates” to whom they provide “protected health information.” You can read more about Business Associate Agreements here.

What is the Bonterms BAA?

• The Bonterms BAA is a Standard Agreement version of a BAA. The Bonterms BAA is designed to be incorporated into a larger SaaS or other services agreement between the parties (the “Main Agreement”). The Bonterms BAA is entered into by a Cover Page.

What is the Main Agreement?

• The “Main Agreement” means the separate agreement under which Business Associate is providing a service to Customer to which the BAA relates. The BAA is incorporated into the Main Agreement as described in Section 6.2 of the BAA (Incorporation into Main Agreement).

Why are there three versions of the BAA?

• There are three versions to give you maximum flexibility in implementing the BAA. You can enter the BAA by attaching it to an existing agreement (Attachment Version), as a signable document (Signable Version) or through a Cover Page (Cover Page Version).

Are there substantive differences between the three versions of the BAA?

• No. All versions of the BAA share the exact same core sections—Role of the Parties, Obligations of Business Associate, Obligations of Customer, Term and Termination (Sections 2-5)—and differ only in how they are implemented. Choose the version that best fits your contracting process.

Updated May 20, 2025 23:25