THIS END-USER AGREEMENT (“Agreement”) is made and entered into by and between Tenant Patrol, a division of Hire Image LLC, its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees, and agents (jointly, “Tenant Patrol”) and _________________________________________________________________ (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees, and agents (jointly “End-User”). This Agreement shall be effective on the date of last signature below (the “Effective Date”).
Tenant Patrol strives to deliver accurate and timely information products to assist End-User in making intelligent and informed decisions for a permissible purpose under applicable law. To this end, Tenant Patrol 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. End-User understands that these information sources and resources are not maintained by Tenant Patrol. Therefore, Tenant Patrol cannot be a guarantor that the information provided from these sources is absolutely accurate or current. Nevertheless, Tenant Patrol will at all times use its best practices consistent with the industry standard to ensure the accuracy and completeness of its information products. Tenant Patrol also has in place procedures designed to respond promptly to claims of incorrect or inaccurate information in accordance with applicable law.
II. End-User’s Certification of Fair Credit Reporting Act (FCRA) Permissible Purpose(s)
End-User hereby certifies that all of its orders for information products from Tenant Patrol 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:
(Please check all that apply)
Section 604(a)(2). As instructed by the consumer in writing.
Section 604(a)(3)(F)(i). Where there is a legitimate business need, in connection with a business transaction that is initiated by the consumer.
III. Tenant Patrol’s Certifications
Tenant Patrol certifies as follows:
- It is a consumer reporting agency (“CRA”) as defined in the FCRA that provides consumer reports and investigative consumer reports in accordance with applicable sections of the FCRA, as well as other applicable laws; and,
- It follows reasonable procedures to assure maximum possible accuracy of the information reported, re-investigates any disputed information and takes any necessary corrective action, without charge, in agreement with the FCRA and applicable state laws; and
- It takes appropriate measures to protect the privacy and confidentiality of all personally identifiable and other confidential consumer information, including appropriate security measures to protect information in all Tenant Patrol systems.
IV. End-User’s Certification of Legal Compliance
End-User will comply or has complied at all times with the FCRA and all applicable local, state, and federal laws and regulations and, if applicable, any international laws and regulations relating to the use of the background information. End-User accepts full responsibility for complying with all such laws and for using the information products it receives from Tenant Patrol in a legally acceptable fashion. End-User further accepts full responsibility for any and all consequences of use and/or dissemination of those products.
Additionally, End-User 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 comply with any federal, state, local or, if applicable, international laws that regulate the use and storage of confidential or private information, including Social Security numbers, dates of birth and any other personally identifiable information.
End-User agrees to take precautionary measures to protect the security and dissemination of this information including, for example, restricting terminal access, utilizing passwords to restrict access to terminal devices, and securing access to, dissemination, and destruction of electronic and hard copy reports.
End-User further agrees to abide by Addendum A – Access Security Requirements. Likewise, as a condition of entering into this Agreement, End-User certifies that it has in place reasonable procedures designed to comply with all applicable federal, state, and local laws. End-User also certifies that it will retain any information it receives from Tenant Patrol for a period of five years from the date the report was received. End-Users seeking credit information must provide the information in Addendum B before Tenant Patrol can provide credit information to End-User. Addendums A and B are incorporated into and are part of this End-User Agreement for Consumer Reports.
A. FCRA Certifications When Information Consumer Reports and/or Investigative Consumer Reports are Used for Tenant Screening Purposes
If the information products End-User obtains from Tenant Patrol are to be used for tenant screening purposes, End-User certifies that prior to obtaining or causing a “consumer report” to be obtained, a clear and conspicuous disclosure will be made in writing to the consumer explaining that a consumer report may be obtained. This disclosure will satisfy all requirements identified in the FCRA, as well as any applicable state or local laws, and will be presented to the consumer before the report is procured or caused to be procured. The consumer will have authorized, in writing, the obtaining of the report by End-User. End-User certifies that each time it orders a consumer report, End-User is reaffirming these certifications.
In addition to the disclosure requirements identified above, End-User agrees and certifies that prior to procurement or causing the procurement of an investigative consumer report: (a) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer’s character, general reputation, personal characteristics, and/or mode of living may be made; and (b) such disclosure (i) is made in a writing, mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, (ii) contains a statement informing the consumer of his/her right to request a complete and accurate disclosure of the nature and scope of the requested investigation and his/her right to request a copy of the rights of the consumer under the FCRA titled A Summary of Your Rights Under the Fair Credit Reporting Act, and (iii) satisfies all of the requirements of the FCRA as well as any applicable state or local laws. 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; and (3) Tenant Patrol’s contact information, including complete address and toll-free telephone number. This information will be provided to the consumer no later than five (5) days after the request for such disclosure was received from the consumer or such report was first requested, whichever is the latter.
End-User certifies that information from any consumer report or investigative consumer report will not be used in violation of any applicable federal or state equal opportunity law or regulation.
If the consumer is denied tenancy or if other adverse action is taken based in whole or in part on the information products provided by Tenant Patrol, End-User will provide to the consumer: (1) a copy of the report, (2) a description, in writing, of the rights of the consumer entitled: “A Summary of Your Rights Under the Fair Credit Reporting Act,” and (3) applicable jurisdictional required notices. 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 to Users of Consumer Reports (16 C.F.R. Part 601, Appendix C), and agrees to comply with the terms and conditions contained therein.
If the consumer disputes the accuracy of a consumer report to End-User, End-User will immediately notify Tenant Patrol, so that Tenant Patrol can begin the reinvestigation of the disputed information.
B. California Certifications
In compliance with the California Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code Sections 1786 et seq., and the Consumer Credit Reporting Agencies Act (“CCRAA”), California Civil Code Sections 1785.1 et seq., if End-User is located in the State of California, and/or End-User’s request for and/or use of report pertains to a California resident or worker, End-User certifies and acknowledges the following:
1. Before procuring or causing to be procured an “Investigative Consumer Report” as that term is defined by the California Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786 et seq. (“ICRAA”), End-user certifies that all of the following apply:
a. End-User’s permissible purpose for obtaining such a report is tenancy purposes, and where applicable, those additional lawful purposes found in Section II above. If there is a change in purpose, End-User must notify Tenant Patrol.
b. End-User has provided the consumer with a clear and conspicuous disclosure in writing at any time before the report is procured or caused to be procured in a document that consists solely of the disclosure, which states:
i. An Investigative Consumer Report may be obtained,
ii. The permissible purpose,
iii. The Investigative Consumer Report may include information on the consumer’s character, general reputation, personal characteristics, and mode of living,
iv. The name, address, telephone number, and website of the agency conducting the investigation, and
v. The nature and scope of the investigation requested, including a summary of the provisions of Civil Code Section1786.22 relating to a consumer’s rights to review their files.
c. That the subject of the report has authorized, in writing, the procurement of the report.
d. End-User has provided a check-off box on appropriate paperwork so that the consumer may request a copy of any report that is ordered.
e. Upon request of the consumer, End-User will provide them with a copy of their Investigative Consumer Report either directly or through a contract with another party.
2. End-User will provide a check-box on the disclosure or a separate authorization form so that the consumer may request a copy of the Investigative Consumer Report, and will provide a copy of such report as follows:
If a copy of the report will be provided to the consumer directly by the End-User: If an investigative consumer report is requested and the consumer checked the box on the authorization form signifying s/he wants a copy of the investigative consumer report and if s/he is entitled to one under California law, then End-User will provide the consumer with a copy of the report, as required by California Civil Code section 1786.16, unless the report is requested in connection with an investigation based upon suspicion of wrongdoing or misconduct by the consumer.
If a copy of the report will be provided to the consumer by Tenant Patrol: If an investigative consumer report is requested and the consumer checked the box on the authorization form signifying s/he wants a copy of the investigative consumer report when and if s/he is entitled to one under California law, then End-User hereby requests that a copy of the report be sent to the subject of the report unless the report is requested in connection with an investigation based upon suspicion of wrongdoing or misconduct by the consumer and Employer has notified you that a copy should not be provided to the consumer, in accordance with California Civil Code section 1786.16.
3. In the event End-User takes adverse action under circumstances in which a report regarding a consumer was obtained, End- User shall so advise the consumer and supply the name and address of agency that provided the report.
4. If a credit report is requested, and if the consumer checked the box on the authorization form signifying s/he wants a copy of the credit report, then the Company hereby requests that a copy of the credit report be sent to the subject of the report, in accordance with California Civil Code section 1785.20.5.
C. Credit Reports
End-User understands that the credit bureaus require specific written approval from Tenant Patrol 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, massage or tattoo services, businesses that operate out of an apartment, individuals seeking information for their own private use, adult entertainment services of any kind, companies that locate missing children, companies that handle third party repossession, companies seeking information in connection with time shares, subscription companies, individuals involved in spiritual counseling, or persons or entities that are not an End-User or decision maker.
V. Criminal Record Searches
A. Criminal Record Searches
End-User acknowledges that Tenant Patrol will only provide criminal record information in accordance with this Section V(A) (Criminal Record Searches). Tenant Patrol’s standard information products include felony or misdemeanor criminal record convictions and pending case information only to the extent such records or information are not more than seven years old from the date of End-User’s request for such records or information. Tenant Patrol may provide criminal record convictions or pending case information older than seven years, or other adverse information, only if: (1) requested to do so in writing by End-User and (2) such provision and use by End-User is allowed by relevant law or regulation.
Unless End-User has specified other search and/or reporting criteria that otherwise complies with applicable law, End-User acknowledges that court record(s) searches are undertaken only in jurisdictions provided by the End-User, provided by the consumer, developed in a Social Security number trace, or as otherwise necessary to help ensure the accuracy of a record. Tenant Patrol does not independently investigate whether other jurisdictions may be appropriate to search. End User acknowledges that Tenant Patrol will only report information as allowed by the most restrictive jurisdiction searched and according to the other content restrictions discussed above.
B. International Criminal Record Searches
End-User understands that searches of international background screening will be conducted through the services of third-party independent contractors. Because of differences in foreign laws, language, and in the manner in which foreign records are maintained and reported, Tenant Patrol cannot be either an insurer or a guarantor of the accuracy of the information reported. End-User therefore releases Tenant Patrol and its affiliated companies, officers, agents, employees, and independent contractors from any liability whatsoever in connection with erroneous information received as a result of an international background screening report.
VI. Additional Requirements for Equifax Workforce Solutions (formerly TALX) Employment Verifications
Use of Equifax Workforce Solutions (“EWS”) Information will be requested only for End-User’s exclusive use and held in strict confidence except to the extent of disclosure required or permitted by law.
End-User will hold EWS and all its agents harmless on account of any expense or damage arising or resulting from the publishing or other disclosure of EWS Information by End-User, its employees, or agents, contrary to applicable law.
EWS may periodically conduct audits of Tenant Patrol which will require information from End-User regarding its compliance with the FCRA and other certifications. Audits will require End-Users to provide documentation as to permissible use of particular EWS Information. End-User agrees that failure to cooperate fully and promptly in the conduct of any audit constitutes grounds for immediate suspension of the EWS service. If EWS terminates the service due to the conditions in the preceding sentence, End-User (i) unconditionally releases and agrees to hold EWS harmless and indemnify it from and against any and all liabilities of whatever kind or nature that may arise from or relate to such termination, and (ii) covenants it will not assert any claim or cause of action of any kind or nature against EWS in connection with such termination.
VII. 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 Tenant Patrol.
- 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, Rhode Island law shall guide the interpretation of this Agreement, if such interpretation is required. All litigation arising out of this Agreement shall be commenced in Rhode Island, 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 Tenant Patrol. The headings of each section shall have no effect upon the construction or interpretation of any part of this Agreement.
- This Agreement constitutes the entire agreement between the Parties with respect to the subject matter, and it supersedes any prior agreements and/or representations, whether oral or written.
- End-User agrees that it shall dispose of any and all consumer reports and investigative consumer reports, and any other documentation containing personally identifiable information received from Tenant Patrol in accordance with the FACTA Disposal Rule.
- Nothing contained in this Agreement is legal advice or should be construed as legal advice. End-User acknowledges that through this Agreement, it has been advised that it should consult with its legal counsel prior to executing this Agreement.
- Tenant Patrol provides sample background screening forms for End-User’s convenience. However, it is recommended that End-User review these forms with its legal counsel. If End-User prefers to use its own forms, please provide the forms to Tenant Patrol and we will implement them into the Screening System.
Breaches of this Agreement and/or violations of applicable law discovered by Tenant Patrol may result in immediate suspension and/or termination of the account, legal action, and/or referral to federal or state regulatory agencies.
Neither party shall reveal, publish, or otherwise disclose any Confidential Information to any third party without the prior written consent of the other party. “Confidential Information” means any and all proprietary or secret data; sales or pricing information relating to either party, its operations, employees, products or services; and, all information relating to any customer, potential customer, Agent, and/or independent sales outlet. The Parties agree to keep this information confidential at all times during the term of this Agreement and continuing for five years after receipt of any Confidential Information. Notwithstanding anything to the contrary herein, in no event shall Tenant Patrol be required to destroy, erase, or return any consumer reports or applicant data related thereto in Tenant Patrol’s files, all of which Tenant Patrol shall maintain as a consumer reporting agency in strict accordance with all applicable federal, state, and local laws.
IX. Fees and Payment
End-User agrees to pay nonrefundable fees and other charges for Tenant Patrol’s background check services. At Tenant Patrol’s option, payments not received thirty (30) 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 Tenant Patrol’s Accounts Payable Department. Accounts with invoices unpaid ninety (90) days or more will be assessed an interest charge of 1 1/2 % per month, as allowed by applicable law. 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 Tenant Patrol represents a legal authorization to debit the card for the orders placed or for non-payment per the 30 day terms. End-User agrees that prices for services are subject to change without notice, although Tenant Patrol 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 Tenant Patrol.
X. Warranties and Remedies
End-User understands that Tenant Patrol 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.” TENANT PATROL 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; TENANT PATROL EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
Tenant Patrol 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 Tenant Patrol has been advised of the possibility of such damages. End-User shall indemnify, defend, and hold harmless Tenant Patrol from and against any and all claims, suits, proceedings, damages, costs, or expenses (including, without limitation, reasonable attorneys’ fees and court costs) brought or suffered by any third party arising or resulting from, or otherwise in connection with, any breach by End-User of any of its representations, warranties, or agreements in this Agreement or its negligence or willful misconduct.
Tenant Patrol nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third party claims directly resulting from Tenant Patrol’s sole negligence in assembling the consumer report. Tenant Patrol 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 Tenant Patrol’s representatives regarding searches, verifications, or other services offered by Tenant Patrol 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.
Tenant Patrol may adjudicate any consumer reports based on criteria established and provided by End-User (“Criteria”). Tenant Patrol makes no representations regarding the validity, legality, or appropriateness of the Criteria. Tenant Patrol may provide the administration of adverse action notices, copies of reports, and other required notices to the consumer in connection with consumer reports. Adjudication services and the administration of notices shall be deemed to be purely clerical in nature and shall be performed by Tenant Patrol on behalf of End-User. All decisions are made exclusively by End-User, not by Tenant Patrol. End-User understands that consumer notifications are the ultimate responsibility of End-User under the Fair Credit Reporting Act and other applicable federal, state, and local laws, and as such, End-User is responsible for any claims arising out of the timing and/or method of notice requested by End-User for Tenant Patrol to follow. End-User shall assume full responsibility for such decisions and shall indemnify and hold Tenant Patrol harmless from any and all claims, losses, damages, and any costs (including attorneys’ fees) that may be related to or arise therefrom.
XI. 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 (term) 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 thirty (30) days prior to end of term.
Tenant Patrol reserves the right to change its fees under this Agreement upon ten (10) days notice to End-User; provided, Tenant Patrol will not increase its own fees during the first six (6) months of this Agreement.
For clarification, references to Tenant Patrol’s fees do not include changes based on entities other than Tenant Patrol (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 Tenant Patrol’s control.
Either party may cancel this Agreement by giving sixty (60) day written notice to the other party. Tenant Patrol 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.
During the term of this Agreement, Tenant Patrol will be the exclusive provider to the End-User of tenancy screening, except for services not provided herein.
XII. Force Majeure
End-User agrees that Tenant Patrol 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 Tenant Patrol from meeting its obligations under this Agreement.
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.
Each party represents and warrants that: (i) it has the full power and authority to enter into this Agreement and to carry out the transactions contemplated by it, and has taken all action necessary to authorize the execution, delivery, and performance of the Agreement; (ii) it has read and understands the Agreement and agrees to be bound by it; and (iii) it has direct knowledge of all facts certified herein.
Access Security Requirements
The parties acknowledge they 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:
1. End-User will take reasonable procedures to protect its account number and password so that only key personnel employed by End-User know this sensitive information, including not posting this information anywhere in the facility. End-User agrees to change account passwords immediately if a person who knows the password leaves its company or no longer needs to have access due to a change in duties.
2. End-User agrees that system access software, whether developed by End-User or purchased from a third party vendor, will have End-User’s account number and password “hidden” or embedded and be known only by supervisory personnel. End-User will assign each user of its system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer is in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, or if the password has been compromised or believed to be compromised in any way, End-User will change its password immediately.
3. End-User agrees it will not discuss its account number or password by telephone with any unknown caller, even if the caller claims to be an employee of Tenant Patrol.
4. End-User will restrict the ability to obtain consumer information to a few key personnel.
5. End-User agrees to place all terminal devices used to obtain consumer information in a secure location within its facility so that unauthorized persons cannot easily access them.
6. End-User agrees it will turn off and lock all devices or systems used to obtain consumer information.
7. End-User will secure hard copies and electronic files of consumer reports within its facility so that unauthorized persons cannot easily access them.
8. 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.
9. 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.
Documents Required Before Requesting Credit Report Information
Before End-User will be allowed to access credit report information, Tenant Patrol requires that End-User provide one (1) of the following (if End-User is not publicly traded):
1. Business license status from a government web site (please include entire web page print out);
2. Business license, copy or documented verification;
3. Documented corporation verification with state or federal government;
4. Copy of Articles of Incorporation with proof of filing;
5. State and/or federal tax records originating from the state or federal government;
6. FDIC Certification; or
7. 501(c)(3) certificate, for non-profit originations.
If End-User is a publicly traded company, the following items are acceptable methods for verifying that the End-User is a bona fide entity:
1. Documentation of ticker symbol information from trading website;
2. Certified copy of audited annual or quarterly statements submitted to the SEC.