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The following are ACCURATE INVESTIGATION SERVICES LLC’s Standard Terms and Conditions for the services to be provided to your company, at
(“Customer”). These terms and conditions cover our business relationship on this day:
Customer shall order such Consumer Reports from ACCURATE INVESTIGATION SERVICES LLC. and its certain affiliates, and will instruct ACCURATE INVESTIGATION SERVICES LLC. to deliver the Consumer Reports through the manner and location requested by the Customer. As a condition to ordering Consumer Reports, ACCURATE INVESTIGATION SERVICES LLC. requires Customer and Administrator to enter into this Agreement, and Customer and Administrator agree to do so in order to obtain such Consumer Reports from ACCURATE INVESTIGATION SERVICES LLC..
1. Customer’s Obligations.
Customer hereby agrees to the following:
A. If Consumer Reports include motor vehicle information (“MVRs”), Customer shall be responsible for understanding and for staying current with all specific state forms, certificates of use or other documents or agreements including any changes, supplements or amendments imposed by the states (collectively referred to as “Specific State Forms”) from which it will order MVRs. Customer certifies that it has or will have filed all applicable Specific State Forms required by individual states prior to ordering such MVRs from ACCURATE INVESTIGATION SERVICES LLC..
B. Customer, in ordering and using Consumer Reports for Employment Purposes, understands and shall comply with its obligations under: the applicable federal laws, including but not limited to, the Fair Credit Reporting Act (“FCRA”) and section 6 herein, the Americans With Disabilities Act (“ADA”), the Drivers Privacy Protection Act (“DPPA”), and the applicable state laws including but not limited to Specific State Forms (collectively referenced herein as the “Laws”).
C. Customer shall pay the fees and the price for any and all Consumer Reports that are ordered from ACCURATE INVESTIGATION SERVICES LLC. to ACCURATE INVESTIGATION SERVICES LLC. within thirty (30) days of its receipt of the invoice.
D. Customer hereby acknowledges that it will receive personal information about individual Consumers, and, as such, Customer will treat such personal information confidentially and shall further comply with all applicable laws regarding such information including without limitation, privacy laws.
E. Nothing in this agreement shall be construed to cause any Consumer to become an employee of any Customer and the use of any report by any Customer shall not constitute an act of employment.
F. Customer shall not order a current employment verification from ACCURATE INVESTIGATION SERVICES LLC. without first obtaining the Consumer’s permission to contact the Consumer’s current employer. Furthermore, Customer shall not order any worker’s compensation information on a Consumer unless Customer has made a conditional offer of employment to the Consumer; or use such information in violation of any of the Laws.
G. Prior to having a Consumer Report ordered, Customer should verify the identity of the subjects of the Consumer Report and comply with its obligations under the Law. Upon reasonable prior written notice, Customer hereby agrees to permit ACCURATE INVESTIGATION SERVICES LLC. to audit Customer’s procedures related to this Agreement.
H. Customer has received copies of the following documents: Consumer’s Summary of Rights under the FCRA, Federal Trade Commission’s “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA”, Chapter Nine of Technical Assistance Manual (I) for the ADA, and ACCURATE INVESTIGATION SERVICES LLC.’s current Access, and agrees to comply with such requirements and provide to its employees a copy prior to providing them authority to order or other access to Consumer Reports; and to provide such employees with updates when available.
I. Customer agree to keep the written authorizations signed by the Consumer required by the Laws for at least 5 years after the date of the report to which such documentation relates and to promptly provide ACCURATE INVESTIGATION SERVICES LLC. copies upon its request. Prior to destroying any such authorization, Customer will notify ACCURATE INVESTIGATION SERVICES LLC. and provide ACCURATE INVESTIGATION SERVICES LLC. a reasonable opportunity to obtain the authorization at their expense
J. Customer understands and agrees that should Customer not be in compliance with the FCRA or any of the Laws ACCURATE INVESTIGATION SERVICES LLC. may immediately suspend or terminate Customer from ordering or receiving any Consumer Reports.
2. ACCURATE INVESTIGATION SERVICES LLC. hereby agrees to the following:
A. Upon placing an order for a Consumer Report as ordered by Customer, ACCURATE INVESTIGATION SERVICES LLC. shall perform such service ordered and will provide the Consumer Report to the Customer at the location specified or in an electronic format.
B. ACCURATE INVESTIGATION SERVICES LLC. will perform any of the services as ordered by Customer. With notice that is reasonable under the circumstances, ACCURATE INVESTIGATION SERVICES LLC. may from time to time revise such Scope of Services by either deleting or adding services.
C. If Customer orders administrative services from ACCURATE INVESTIGATION SERVICES LLC., ACCURATE INVESTIGATION SERVICES LLC. will perform such procedures as a limited agent of Customer according to the procedures approved by Customer and will not be making any employment decisions for Customer.
Customer and Administrator hereby certifies that with respect to each Consumer Report it orders from ACCURATE INVESTIGATION SERVICES LLC. it shall comply with the requirements of the FCRA.
4. General Obligations.
Customer agrees not to resell, sub-license, deliver, display or otherwise distribute any Consumer Reports to any third party except as required by law. Neither Customer nor Administrator shall use Consumer Report data attributable to a specific Consumer to directly or indirectly compile, store, maintain, or to develop its own source or database of Consumer Reports. Customer agrees that the Consumer Reports ordered will be for the sole use of the Customers and information will not be shared with any third party. Customer represents that it is not a private detective, detective agency, investigative company, bail bondsman, attorney or law firm, credit or financial counseling firm, “credit repair clinic” (each, a “Restricted Company”), and that Customer ordering reports will be the sole owner of the Consumer Reports. Each party shall be responsible for its own compliance with the Laws. ACCURATE INVESTIGATION SERVICES LLC. may from time-to-time impose additional reasonable restrictions, procedures or processes upon the use and/or delivery of the Consumer Reports, which it believes to be prudent to ensure compliance with the Laws, The Specific State Forms and/or the security, privacy or confidentiality of the Consumer Reports. Neither Customer nor Administrator shall not use the Internet to market Consumer Reports directly to the Consumer.
5. Limitation of Liabilities.
Customer and Administrator understand that ACCURATE INVESTIGATION SERVICES LLC. obtains the information reported in the Consumer Reports from various third party sources “AS IS” and is therefore providing the information to Customer and Administrator “AS IS”. Customer and Administrator acknowledge and understand that this information may be obtained through procedures and means that are fallible and subject to human error.
Therefore, ACCURATE INVESTIGATION SERVICES LLC. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR A COURSE OF PERFORMANCE WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY CONSUMER REPORT, THAT WILL MEET CUSTOMER’S NEEDS, OR THAT WILL BE PROVIDED ON AN UNINTERRUPTED BASIS, AND ACCURATE INVESTIGATION SERVICES LLC. EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.
ACCURATE INVESTIGATION SERVICES LLC. SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES FOR LOSS OF PROFITS, WHETHER INCURRED AS A RESULT OF NEGLIGENCE OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCURATE INVESTIGATION SERVICES LLC. SHALL USE REASONABLE PROCEDURES TO ACCURATELY REPORT THE INFORMATION IN ACCORDANCE WITH THE FCRA OR OTHER LEGAL LIMITATION FROM THE THIRD PARTY SOURCES, AND THE CUSTOMER’S SOLE REMEDY FOR ANY CONSUMER REPORT ORDERED FROM ACCURATE INVESTIGATION SERVICES LLC. SHALL BE THE REPERFORMANCE OF THE CONSUMER REPORT AT NO ADDITIONAL COST.
EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN COMPLIANCE WITH THE LAWS AND THE USE OF THE CONSUMER REPORTS, AND HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLDS HARMLESS THE OTHER PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, PROCEEDINGS, DAMAGES, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS) BROUGHT AGAINST, OR SUFFERED BY SUCH PARTY ARISING OR RESULTING FROM, OR OTHERWISE IN CONNECTION WITH, ANY BREACH OF ITS COMPLIANCE RESPONSIBILITIES, USE OF THE REPORT, OR OF ANY OF ITS REPRESENTATIONS, WARRANTIES, OR AGREEMENTS IN THIS AGREEMENT OR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
6. Term and Termination
A. Unless otherwise terminated by a party in accordance with the term of this Agreement will commence on the Effective Date and continue in force for three (3) years (the “Initial Term”). Upon expiration of the Initial Term, unless terminated by either party by notice of termination given not less than ninety (90) days prior to the expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms (each, a “Renewal Term). During any Renewal Term, either party may terminate this Agreement, effective at the end of such Renewal Term, by notice of termination given not less than ninety (90) days prior to the expiration of such Renewal Term.
B. Either party may at any time and for any reason terminate this Agreement at such party’s convenience upon providing to the other party at least sixty (60) days’ prior written notice of termination.
In consideration of the Consumer Reports supplied herein, Customer agrees to pay the fees or other charges for services as set forth in Exhibit A which shall be nonrefundable. Customer agrees to pay for services within fifteen () days upon receipt of monthly billing. If invoices are paid 30 days after the due date the customer agrees to pay the accumulated 2% of the gross amount. That payment will be due immediately. If the account goes to collection, Customer agrees to pay all collection expenses, including attorneys’ fees and court costs.
8. General Provisions
A. Severability. If any of the provisions of this Agreement become invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
B. Waiver; Modifications. No waiver by any party of any breach of any of the provisions of this Agreement by another party shall be deemed a waiver of any preceding or succeeding breach of the same or other provision hereof. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing. No change or modification may be made to this Agreement except in writing executed by Customer and ACCURATE INVESTIGATION SERVICES LLC..
C. Survival. Any provision of this Agreement which contemplates performance subsequent to the expiration or earlier termination of this Agreement, or which expressly states that it shall survive termination of the Agreement, shall so survive such expiration or termination and shall continue in full force and effect until fully satisfied.
D. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. A signature on a copy of this Agreement received by either party by facsimile is binding upon the other party as an original. The parties shall treat a photocopy of such facsimile as a duplicate original. If this Agreement is executed in counterparts, no signatory hereto shall be bound until all parties hereto have duly executed or caused to be duly executed a counterpart of this Agreement. The individuals signing below represent that they are duly authorized to do so by and on behalf of the party for whom they are signing.
E. Relationship of Parties. Unless specifically stated in this Agreement and except for the limited agencies specified herein, no party is nor shall be a partner, joint venture, agent or representative of any other party solely by virtue of this Agreement. No party has the right, power or authority to enter into any contract or incur any obligation, debt or liability on behalf of any other party.
F. No Third Party Rights. This Agreement shall not provide any person not a party to the Agreement with any remedy, claim, liability, reimbursement, cause of action, or other right in excess of those existing without reference to this Agreement.
G. Uncontrollable Events. No party shall be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond the reasonable control of such party. The time for performance of any act delayed by such causes shall be postponed for a period equal to the delay; provided, however, that the party so affected shall give prompt notice to the other parties of such delay. The party so affected, however, shall use its best efforts to avoid or remove such causes of non performance and to complete performance of the act delayed, whenever such causes are removed.
H. Notices. Any notice or other communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by facsimile or by registered or certified mail, postage prepaid, addressed as shown on the signature page of this Agreement, with a copy to ACCURATE INVESTIGATION SERVICES LLC., Inc., 18521 E. Queen Creek #105-618 Queen Creek, AZ 85142, attention: Managing Director. with a copy to attention: Legal Department or such other address or number as shall be furnished in writing by any such party. Such notice or communication shall be deemed to have been given as of the date so delivered, sent by facsimile or mailed.
Payment Authorization Form
I authorize Accurate Investigation Services, LLC to automatically bill the card listed below as specified:
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ACCURATE INVESTIGATION SERVICES LLC. (Screening Corporation)
Agreed to by: _____________________________________ Title: ________________________________
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Company Name: ACCURATE INVESTIGATION SERVICES LLC.
Address: 18521 E. Queen Creek #105-618 City: Queen Creek State: AZ Zip Code: 85142
Signature: ________________________________________________________Date: _________________
Please note that Accurate Investigation Services only prepares consumer reports at the request of our customers who obtained written authorization.
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