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This agreement, effective
upon mutual execution of the parties, is by and
between Stealth Partners, Inc, 3844 W Channel
Islands BL #171, Channel Islands Harbor, CA 93035,
hereinafter the Consumer Reporting Agency (Agency),
and the company or other entity set forth above,
hereinafter the Client..
Terms and conditions for use of Agency’s
services are as follows:
1) SERVICE . Agency is a consumer reporting
agency as such terms is defined in the federal
Fair Credit Reporting Act, 15 U.S.C. §1681
et. Seq., as amended (.FCRA.) and provides employee
background checking and verification services
using public record research and information
obtained from Third Parties.
After review and approval of the completed
Service Application submitted by Client and
the mutual execution of this Agreement, Agency
will provide Client with a Consumer Report,
an Investigative Consumer Report, and/or a Consumer
Credit Report based on its findings, hereinafter,
Report. Client hereby subscribes to Services
and agrees to pay to the Agency the applicable
rates and charges set forth in paragraph five
below.
Agency will provide Client with sample letters,
required documents and release forms along with
all requirements necessary to conform with the
FCRA including the amendments set forth in the
Consumer Credit Reporting Act of 1996 FCRA §
§601-625 and the Consumer Reporting Clarification
Act of 1998.
2) USE OF INFORMATION . REPORTS ARE FURNISHED
IN STRICT CONFIDENCE FOR THE EXCLUSIVE USE OF
SUBSCRIBER ONLY FOR THE PURPOSES OF EMPLOYMENT,
PROMOTION, REASSIGNMENT, OR RETENTION OF THE
CONSUMER AS AN EMPLOYEE WITH NO OTHER PERMITTED
USES IMPLIED OR INTENDED, AND SHALL NOT BE REPRODUCED
OR RESOLD IN WHOLE OR PART IN ANY MANNER WHATSOEVER.
The FCRA, along with various state and local
regulations, govern the activities of consumer
credit reporting agencies, as well as the end
users of the information procured from these
agencies. Agency and Client hereby mutually
certify and warrant to comply with all applicable
federal, state and local statutes, regulations
and rules including without limitation all aspects
of the FCRA and any applicable equal employment
opportunity laws or regulations that govern
the Services provided to Client.
The FCRA prohibits employers from obtaining
consumer reports unless: 1) A clear and conspicuous
disclosure has been made in writing to the consumer
at a time before the report is procured or caused
to be procured, in a document that consists
solely of the disclosure, that a consumer report
may be obtained for employment purposes as defined
in §603(h) of the FCRA; and, 2) The consumer
has authorized in writing the procurement of
the Report by that person; and, 3) Should an
Investigative Consumer Report be requested,
the disclosure will contain language as required
under §606(a)(1) under the FCRA; and, 4)
That before taking any adverse action that is
based in while or part on the Report, Client
will provide the consumer to whom the report
relates, a copy of the Report and a description
in writing of the rights of the consumer under
the FCRA as prescribed by the Federal Trade
Commission under §609(c) [§1681g];
and, 5) That upon written request made by the
consumer within a reasonable period of time
after the receipt of the disclosure required,
shall make a complete and accurate disclosure
of the nature and scope of the
investigation requested, in writing and mailed
to the consumer not later than five days after
the date the request was received. Agency will
reexamine any item the consumer holds to be
incorrect at no additional charge and, if necessary,
supply a corrected report to the original requestor.
Agency keeps copies of each investigation for
a period of not less than two years as required
under the FCRA.
If a consumer reporting agency or user of such
information willfully fails to comply with any
FCRA requirements, the Consumer Reporting Agency
and its agents and/or the user are responsible
to the subject of the report. In addition, any
individual who knowingly and willfully obtains
information from a consumer reporting agency
under false pretenses will be fined not more
than $5,000 and imprisoned not more than one
year or both.
Client has read and understands the FCRA Requirements
notice and Access Security Requirements attachments
to this greement, which are incorporated herein
by reference, and will take all reasonable measures
to enforce them within its facility. Subscriber
will not resell reports to any third party.
PERMISSIBLE PURPOSE APPROPRIATE USE: (Application
will not be processed unless this information
is provided) Please describe the specific purpose
for which consumer credit file information will
be used. (What will you do with the information
obtained?)
This section MUST be completed.
3) PERFORMANCE . Agency will use its best efforts
to provide timely dissemination of available
information in a manner consistent with standard
business practices . typically within two to
five business days. However, Agency shall not
be responsible for delays or failures in performance
resulting from acts beyond the control of Agency.
Such acts shall include, but shall not be limited
to: Acts of God, strikes, lock-outs, and riots,
governmental regulations superimposed after
the fact, fire, system failures, power outages,
earthquakes, or other disasters. Client hereby
acknowledges that from time to time, reports
may be delayed due to a jurisdictional delay,
slow information source or unusual circumstances
beyond the control of Agency.
4) TERM OF AGREEMENT. This Agreement shall
be for a term of month to month, and shall be
extended automatically for additional like terms
unless either party submits written notice of
termination thirty (30) days prior to the intended
date of termination. See paragraph six below
(NOTICES).
5) CHARGES TO CLIENT AND PAYMENT TERMS. Payment
for services is to be on the first (1st) and
fifteenth (15th) of each month against the client’s
credit card which is pledged for this purpose.
Statement balances unpaid as of thirty (30)
days following statement date will accrue a
finance charge of 2% per month or the highest
lawful rate, whichever is more. For each response
to a request for a chargeable service, Client
agrees to pay to Agency the applicable charge
then prevailing for Services rendered to Client.
Client agrees to pay to Agency $25.00 for any
check that is returned unpaid by Client’s
bank. Client is responsible for and will be
charged for any overdue account collection expenses
including, but not limited to: Agent fees, legal
fees and other associated expenses. Unless otherwise
agree to in writing, Client shall pay to Agency
its then current prices for services rendered
as updated from time to time through announcements,
bulletins and published price schedules. All
current and future pricing documents are deemed
incorporated herein.
Client shall not have the right to dispute
an invoice if unpaid in thirty (30) days unless
payment is made within thirty (30) days of the
undisputed amount, accompanied by a letter protesting
the disputed amount.
6) NOTICES. Any notice requiring or permitted
to be given hereunder, shall be in writing,
and shall be sent certified mail to Client at
the address on the face hereof and to Stealth
Partners, Inc. at 3844 W Channel Islands BL
#171, Channel Islands Harbor, CA 93035.
7) ASSIGNMENT. Client shall not assign this
Agreement without Agency’s prior consent.
8) NEGATION OF LIABILITY AND DISCLAIMOR OF
WARRANTY - Although every effort is made to
assure accuracy, Agency does not act as the
final guarantor of the information’s accuracy
or completeness as it is neither the maker nor
the keeper of the information included in the
Report it prepares. Regarding the procuring,
collection, or communicating of information
contained in any Report provided to Client;
except for Agency’s gross negligence;
Agency, its affiliated companies, associations
or agents; (1) does not guarantee, represent,
or warrant that its services will prevent any
loss, that its services may not be circumvented,
or that its services will in all cases provide
the protection or information for which the
services were intended; and, (2) does not guarantee,
represent, or warrant the completeness or correctness
of the information provided in any Report; and,
(3) Client shall not seek indemnification from
any losses nor shall Agency be liable for any
claim, loss, damage or injury caused by the
neglect, other act, or failure to act on the
part of Client of any third party entities (including
their agents) not affiliated with Agency. With
regard to any act of gross negligence by Agency
that is ultimately substantiated in the appropriate
forum, Client may seek and Agency shall accept
liability as outlined in the FCRA.
Use or reliance on any information contained
in Reports provided to Client shall be solely
at Client’s risk and shall constitute
a waiver of any claim against Agency, and a
release of each Agency affiliated company and
association at any party supplying information
to any of them. Final verification of an individual’s
identity and use of the Report contents are
Client’s sole responsibility.
9) SUBSCRIBER CREDIT INFORMATION. By executing
this Agreement, Client acknowledges and agrees
that Agency in accordance with the FCRA in connection
with this application may request its consumer
credit report. Subsequent consumer credit reports
may be requested in connection with any update,
renewal or extension of credit to Client.
10) AUTHORITY. Each party has full power and
authority to enter into and perform this Agreement
and the persons signing this contract on behalf
of each has been properly authorized and empowered
to enter this Agreement. Each party further
acknowledges that they have read this Agreement,
understand it, and agree to be bound by it.
11) SEVERABILITY. If that any term or provision
of this Agreement shall be found to be illegal
or unenforceable then that portion shall be
considered to be removed from this Agreement
and it shall not affect the enforceability of
the remainder of this Agreement.
12) INDEMNIFICATION. Client hereby agrees to
protect, indemnify, defend and hold harmless
Agency and all third parties from and against
any and all costs, claims, demands, damages,
losses and liabilities (including legal fees)
arising from or in any way related to the use
of information by Client (or any third party
receiving such information from or through Client)
obtained from Agency.
13) REPRESENTATIONS. Each party to this Agreement
represents and warrants that (i) it is free
to enter into the Agreement and that it is not
subject to any restrictions, which might prohibit
it from fulfilling its responsibilities and
duties; and (ii) it will comply with all applicable
laws, rules and regulations in performing its
obligations hereunder.
14) ENTIRE AGREEMENT. This Agreement constitutes
the entire agreement between the parties with
respect to this subject matter, and all prior
agreements and/or representations, whether oral
or written, are superseded hereby. |