Please
print, sign and Fax Completed Document to South Fl office at
(305) 852.6010.
National Employment
Screening
END-USER SUBSCRIBER AGREEMENT
1. General
National Employment Screening, LLC (NES LLC) its associates,
employees and agents strives to
deliver accurate and timely information products to assist your
company (hereinafter “End-User”) in
making intelligent and informed decisions for a permissible purpose
under applicable law. To this end, NES
LLC assembles information from a variety of sources, including
databases maintained by consumer
reporting agencies containing information from public records, other
information repositories and
third-party researchers. Please understand that these information
sources and resources are not
maintained by National Employment Screening, LLC. Therefore,
National Employment Screening, LLC
cannot be a guarantor that the information provided from these
sources is absolutely accurate or
current. Nevertheless, National Employment Screening, LLC. has in
place procedures designed to respond
promptly to claims of incorrect or inaccurate information in
accordance with applicable law.
2. End-User’s
Certification of FCRA Permissible Purpose(s)
End-User hereby
certifies that all
of its orders for information products from National Employment
Screening LLC shall be made, and the
resulting reports shall be used, for the following Fair Credit
Reporting Act, 15 U.S.C. § 1681 et seq.,
permissible purposes only: Select purpose below that applies.
o
Section
604(a)(3)(B). For employment purposes, including evaluating a
consumer for employment,
promotion, reassignment or retention as an employee, where the
consumer has given prior written
permission.
3. End-User’s
Certification of Legal Compliance
End-User
certifies to National Employment Screening,
LLC that the information products it receives will not be used in
violation of any applicable federal or state
laws. End-User accepts full responsibility for using the information
products it receives from National
Employment Screening, LLC in a legally acceptable fashion and the
consequences of use and/or
dissemination of those products. End-User further agrees to put into
place reasonable procedures for
the fair and equitable use of background information and to secure
the confidentiality of private
information. End-User agrees to take precautionary measures to
protect the security and dissemination
of this information including, for example, utilizing passwords to
restrict access to online background
application, and securing access to, dissemination and destruction
of electronic and hard copy reports.
End-User agrees to abide by Section 6, Access Security Requirements.
Likewise, as a condition of entering
into this Agreement, End-User will be required to certify that it
has in place reasonable procedures
designed to comply with all applicable state and federal laws. This
includes having all authorized
representatives complete and return an Authorized User Agreement.
All End-Users requesting Credit
Bureau Reports must have a site validation performed.
A.
When Consumer Report Products are Used for Employment Purposes
If the
Consumer Report products End-User obtains from National Employment
Screening, LLC are
to be used for an employment purpose, End-User certifies that prior
to obtaining or causing a
“consumer report” and/or “investigative consumer report” to be
obtained, a clear and conspicuou
disclosure, in a document consisting solely of the disclosure,
will be made in writing to the consumer
explaining that a consumer report and/or investigative consumer
report may be obtained for employment
purposes. This disclosure will satisfy all requirements identified
in Section 606(a)(1) of the FCRA, as well
as any applicable state or local laws. The consumer will have
authorized, in writing, the obtaining of
the report by End-User. Said disclosure must be maintained by the
End-User for not less than 2
years, or submitted to National Employment Screening, LLC before
destruction. End-User must produce
this documentation to National Employment Screening, LLC when
requested within 2 business days.
If the
consumer is denied employment, or other adverse employment action is
taken based in whole
or in part on the information products provided by National
Employment Screening, LLC, End-User will
provide to the consumer: (1) a copy of the report, and (2) a
description, in writing, of the rights of the
consumer entitled: “A Summary of Your Rights Under the Fair Credit
Reporting Act.” After the
appropriate waiting period, End-User will issue to the consumer
notice of the adverse action taken,
including the statutorily required notices identified in Section 615
of the Fair Credit Reporting Act.
End-User hereby acknowledges that it has received a copy of the
Summary of Rights (16 C.F.R. Part
601, Appendix A) and Notice of User Responsibility (16 C.F.R. Part
601, Appendix C).
End-User understands that the credit bureaus require specific
written approval from National
Employment Screening, LLC before the following persons, entities
and/or businesses may obtain
credit reports: private detectives, private detective agencies,
private investigative companies, bail
bondsmen, attorneys, law firms, credit counseling firms, security
services, members of the media,
resellers, financial counseling firms, credit repair clinics, pawn
shops (except companies that do
only Title pawn), check cashing companies (except companies that do
only loans, no check cashing),
genealogical or heir research firms, dating services, companies that
handle third party
repossession, subscriptions companies, or persons or entities that
are not an end-user or decision
maker.
B.
Investigative Consumer Reports
In
addition to the requirements described above, End-User will include
a statement in the disclosure
that the consumer has the right to request the nature and scope of
any investigative consumer
report and a copy of the document entitled: “A Summary of Your
Rights Under the Fair Credit
Reporting Act.” In the disclosure if the consumer makes a written
request within a reasonable
amount of time, End-User will provide: (1) information about whether
an investigative consumer
report has been requested; (2) if an investigative consumer report
has been requested, written
disclosure of the nature and scope of the investigation requested;
(3) National Employment
Screening, LLC’s contact information, including complete address and
toll-free telephone number,
and disclose SUMMARY OF RIGHTS described above. This information
will be provided no later than
five days after the request for such disclosure was received from
the consumer
C.
National Database Searches
End-User understands that searches performed utilizing National
Employment Screening, LLC’s
National Database Search is a research tool only, and under no
circumstances does National
Employment Screening, LLC recommend this search as a substitute for
a hands-on search at the
county level. In addition not all states have a database that is
available to employers. Databases
in each state are compiled from a number of various sources. Because
of the nature of databases,
the appearance of a person's name on a database is not an indication
the person is a criminal
any more then the absence of a name shows they are not a criminal.
Any positive match MUST
be verified by reviewing the actual court records to be in
compliance with the FCRA. Rates for
said confirmations are End-User’s county search price in addition to
the National Database
Search fee. Any lack of a match is not the same as a person being
“cleared.” However, the
database is a valuable tool in helping employers cover a wider area
and identify where to search
for more information.
4. Additional Requirements for Moving Violation Reports
(MVRs) and Driving Records
End-User certifies that Moving Violation Reports and/or Driving
Records (MVRs) shall only be ordered
in strict compliance with the Driver Privacy Protection Act (“DPPA”,
at 18 U.S.C. § 2721 et seq.)
and any related state laws. End-User further certifies that no
MVRs shall be ordered
without first obtaining the written consent of the consumer to
obtain “driving records,”
evidence of which shall be transmitted to National Employment
Screening, LLC in the form of the
consumer’s signed release authorization form if requested by
National Employment Screening, LLC.
End-User also certifies that it will use this information only in
the normal course of business to obtain l
awful information relating to the holder of a commercial driver’s
license or to verify information provided
by an applicant or employee.
5. General
Provisions
End-User agrees
not to resell, sub-license, deliver, display or otherwise
distribute to any third party any of the information products
addressed herein, except as required by
law. End-User may not assign or transfer this Agreement without the
prior written consent of National
Employment Screening, LLC. If any of the provisions of this
Agreement become invalid, illegal or
unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions shall
not in any way be impacted. By agreement of the parties, Florida law
shall guide the
interpretation of this Agreement, if such interpretation is
required. All litigation arising out of this
Agreement shall be commenced in Florida, and the parties hereby
consent to such jurisdiction and
venue. Any written notice by either party shall be delivered
personally by messenger, private mail
courier service, or sent by registered or certified mail, return
receipt requested, postage prepaid
to the addresses listed below. This Agreement shall be construed as
if it were jointly prepared.
Both parties agree that this Agreement constitutes all conditions of
service, present and future.
Changes to these conditions may be made only by mutual written
consent of an authorized
representative of End-User and an officer of National Employment
Screening, LLC. The headings of
each section shall have no effect upon the construction or
interpretation of any part of this Agreement.
If End-User is
permitted to request consumer reports for employment purposes via
National
Employment Screening, LLC’s website then, in addition to all other
obligations, End-User agrees to
abide by such additional conditions that may be imposed to utilize
the website, provide all
required certifications electronically, to maintain complete and
accurate files containing all required
consent, authorization and disclosure forms with regard to each
consumer for whom a report has
been requested, and maintain strict security procedures and controls
to assure that its personnel
are not able to use End-User’s Internet access to obtain reports for
improper, illegal or unauthorized
purposes. End-User agrees to allow National Employment Screening,
LLC to audit its records at any
time, upon reasonable notice given. Breaches of this Agreement
and/or violations of applicable law
discovered by National Employment Screening, LLC may result in
immediate suspension and/or
termination of the account, legal action and/or referral to federal
or state regulatory agencies.
6. Access
Security Requirements
The parties
acknowledge we must work together to
protect the privacy of consumers. The following measures are
designed to reduce unauthorized
access of consumer reports. In accessing consumer information,
End-User agrees to the following:
A.
End-User will take reasonable procedures to protect each account
username and password
so that only key personnel employed by End-User company know this
sensitive information.
Each authorized user within the End-User company must be assigned a
unique username and
password. End-User will ensure that “Password Sharing” does not
occur. End-User agrees to
suspend user accounts immediately if a user leaves its company or no
longer needs to have access
due to a change in duties.
B.
End-User agrees it will not discuss its account or password by
telephone with any unknown
caller, even if the caller claims to be an employee of National
Employment Screening, LLC.
C.
End-User will restrict the ability to obtain consumer information to
a few key personnel.
D.
End User agrees to notify all users that NO REPORTS CAN BE ORDERED
BY A USER
WITH THAT USER AS THE SUBJECT OF THE REPORT.
E.
End-User agrees it will log off devices or systems used to obtain
consumer information.
F.
End-User will secure hard copies and electronic files of consumer
reports within its facility so
that unauthorized persons cannot easily access them.
G.
End-User agrees to shred and/or destroy all hard copy consumer
reports when they
are no longer needed and erase and overwrite or scramble electronic
files containing consumer
information when no longer needed and when applicable regulation(s)
permit destruction.
H.
End-User agrees to notify its employees that End-User can access
credit information only
for the permissible purposes listed in the Fair Credit Reporting
Act.
7. Fees and
Payment
End-User agrees
to pay nonrefundable fees and other charges
for National Employment Screening, LLC’s background check services.
Full payment must
be made within FIFTEEN (15) days of the invoice date. At National
Employment Screening, LLC’s
option, payments not received fifteen (15) days after the date of
the invoice may cause the
account to be placed on temporary interruption, with no additional
requests being processed
until the balance due is paid in full or arrangements have been made
with National Employment
Screening, LLC’s Accounts Payable Department. Accounts with invoices
unpaid sixty (60) days
or more will be assessed an interest charge of 5% per month or $25
per invoice whichever is
greater, as allowed by applicable law. Any payments, by check or
other means, returned to
National Employment Screening, LLC for any reason are subject to a
$25.00 service charge If
the account goes to collection, End-User agrees to pay all
collection expenses, including
attorneys’ fees and court costs. End-User agrees that providing
credit card information and
submitting it electronically to National Employment Screening, LLC
represents a legal authorization
to debit the card for the orders placed or for non-payment per the
15 day terms. End-User
agrees that prices for services are subject to change without
notice, although National
Employment Screening, LLC will make every reasonable effort to give
notice of such change
before it becomes effective. Any account that remains inactive for a
period of twelve (12)
months will be deemed inactive and may be terminated by National
Employment Screening, LLC.
8. Warranties and
Remedies
End-User
understands that National Employment Screening, LLC
obtains the information reported in its information products from
various third party sources
“AS IS”, and therefore is providing the information to End-User “AS
IS”. National Employment
Screening, LLC makes no representation or warranty whatsoever,
express or implied, including
but not limited to, implied warranties of merchantability or fitness
for particular purpose, or implied
warranties arising from the course of dealing or a course of
performance with respect to the
accuracy, validity, or completeness of any information products
and/or consumer reports, that the
information products will meet End-User’s needs, or will be provided
on an uninterrupted basis;
National Employment Screening, LLC expressly disclaims any and all
such representations
and warranties. National Employment Screening, LLC will not be
liable for any indirect, incidental,
consequential, or special damages for loss of profits, whether
incurred as a result of
negligence or otherwise, even if National Employment Screening, LLC
has been advised of the
possibility of such damages. End-User agrees to indemnify and hold
harmless National
Employment Screening, LLC its its associates, successors and
assigns, officers, directors, employees,
agents vendors, and suppliers from any and all claims, actions or
liabilities arising from or with
respect to information products provided by it.
National
Employment Screening, LLC nevertheless agrees to be responsible for
actual
damages to the extent of and maximum stated herein for third party
claims directly resulting from
National Employment Screening, LLC’s sole negligence in assembling
the consumer report.
National Employment Screening, LLC’s maximum aggregate liability
for damages in this regard
shall not exceed an amount equal to the price paid by End-User to
National Employment Screening,
LLC for the consumer report(s) at issue. National Employment
Screening, LLC does not
guarantee End-User’s compliance with all applicable laws in its use
of reported information, and
makes no effort to provide compliance related services in connection
with its furnishing of
|reports. End-User understands that any conversation or
communication with National
Employment Screening, LLC’s representatives regarding searches,
verifications or other
services offered by National Employment Screening, LLC are not to
be considered a legal
opinion regarding such use. End-User agrees that it will consult
with its own legal or other
counsel regarding the legality of using or relying on reported
information.
9. Term and
Termination
The term of this
Agreement shall begin on the date it is executed by
End-User and shall be in effect for one (1) year beginning on the
first day of the assigned date below
and renewed automatically for one (1) year each year on its
anniversary date, if no written notice is
received by either party within forty-five (45) days prior to end of
term. National Employment
Screening, LLC reserves the right to change its own fees under this
Agreement upon thirty (30)
days notice to End-User; provided, National Employment Screening,
LLC will not increase its own
fees during the first twelve (12) months of this Agreement. For
clarification, references to
National Employment Screening, LLC’s “own fees” do not include
charges based on entities other
than National Employment Screening, LLC (such as surcharges and
other fees levied by federal,
state, county, other governmental agencies, educational
institutions, employer verification lines
and licensing agencies) since such changes are out of National
Employment Screening, LLC’s
control. Either party may cancel this Agreement by giving sixty (60)
days written notice to
the other party. National Employment Screening, LLC may terminate or
revise the provisions of
this Agreement immediately upon written notice if End-User is the
debtor in a bankruptcy action
or in an assignment for the benefit of creditors or if End-User
undergoes a change in ownership.
Termination of this Agreement by either party does not release
End-User from its obligation to
pay for services rendered.
In addition to
any and all other rights a party may have available according to
law,
if a party defaults by failing to perform any provision, term or
condition of this Agreement, the other
party may terminate the Agreement by providing written notice to the
defaulting party. This notice
shall describe with sufficient detail the nature of the default. The
party receiving such notice shall
have fifteen (15) days from the receipt of such notice to cure the
default(s). Unless waived by a party
providing notice, the failure to cure the default(s) within such
time period shall result in the automatic
termination of this Agreement.
10. Force Majeure
End-User agrees that National Employment Screening, LLC is not
responsible for any events or circumstances beyond its control
(e.g., including but not limited to
war, riots, embargoes, strikes and/or Acts of God) that prevent
National Employment Screening,
LLC from meeting its obligations under this Agreement.
11. 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. The individuals signing
below represent that they
are duly authorized to do so.
|
Authorized
Signature:________________________
Please print name and title below:
____________________________________
|
Signature, National Employment Screening, LLC
Authorized
Agent / Date______________________ |
|
Company or Legal Business Name:____________________________
Street
Address, City, State ZIP________________________________
Telephone &
Fax_____________________________________________
E-Mail_______________________________________________ |
Ellen L. Deane, President
__________________________________________
National Employment Screening, LLC.
PO Box 9718 Tavernier Fl 33070-2811
Phone: (800)459.3034 Fax:(305) 852-6010
E-mail
info@national-employment-screening.com |