PMAA Member -CLIENT SERVICE AGREEMENT
THIS CLIENT SERVICE AGREEEMENT "Agreement" is made this the ____ day of _______, 200__, by and between Laborchex, Inc., a Mississippi Corporation, Affiliates and Subsidiaries, hereinafter referred to collectively as "Corporation" and ___________________________, Affiliates and Subsidiaries, hereinafter referred to as "Client". Client wishes to contract for, and the Corporation desires to furnish, the employment screening services described in Attachment A hereof. In consideration of the terms and conditions herein contained, the parties hereto agree as follows:
- Employment Screening Services Search and Retrieval. The Corporation will provide employment screening services by maintaining an information services organization that searches various data sources and legally retrieves accessible information for Client. The Corporation will subscribe to and pay all access fees to all such sources it deems necessary to fulfill its mission.
- Qualified and Trained Screening Staff. The Corporation will provide qualified personnel to accept, document and research all incoming Client screening requests.
- Confidentiality of Requests. The Corporation will use its best efforts to maintain confidentiality of Clientís screening requests, to the extent permitted under applicable law. Except as required by applicable law, the Corporation will not divulge the information obtained by Corporation on Clientís behalf nor the contents of the report(s) it prepares to third parties.
- Corporation Reporting and Documentation. The Corporation will document all search requests. These requests will be assigned a control number, which will identify the request for reporting, billing and tracking. Unless mutually agreed upon in writing in advance and as allowed by law, search retrievals will be returned to the requester without editorial comment via electronic mail. Corporation agrees to provide Client with secure, encrypted access to applicant information utilizing a login and password to gain access to Corporationís web-site. Client agrees not to provide the login and password to any employee of Client unless an Electronic Access Agreement is executed by the employee and is on file with the Corporation.
- Fee Schedule. Corporation will invoice Client weekly. Billing is cutoff at the close of business on Thursday, and invoices are generated and mailed on Friday. Invoices are due upon receipt. Balances are carried forward on subsequent invoices. Monthly statements are provided, but are for Client management use, and are not be used for payment purposes.
Several forms of payment are accepted: Credit cards, ACH (electronic funds transfer), bank drafts, prepayment (per purchase order), and checks. If a check is returned due to insufficient funds, a returned check fee up to the amount permitted by law will be charged to Clientís account. Partial payments are not accepted, unless authorized by the Corporation. If Client must make a partial payment, Client must notify Corporation by phone and/or in writing via email to review its circumstances, and Corporation will, or will not, authorize partial payment(s). A service charge of twelve percent (12%) ARP will be added to invoices which remain unpaid on the 30^th day. Services will be suspended on the 45^th day for non-payment. Corporation will make customary efforts to obtain timely payment from clients, which may include contact by phone, email, or FAX. Should client misplace an invoice or not receive one which was expected, the Client should immediately contact the Corporation by phone or email. If Client wishes to dispute any charges, such dispute should be made immediately by phone and/or in writing via email or FAX to Corporation. Disputes will not be considered for charges on invoices over ninety (90) days old.
Level of Screening PMAA Discounted Pricing Retail Price Verification of Previous Employment $8.30/per employer contacted $9.95/per employer Special D.O.T. Screening for Commercial Drivers. Complies with Federal Motor Carrier Safety Regulations. $11.65/per employer contacted $12.95/per employer Address Search and Social Security Number Validation $3.00 $9.95 Confirmation of Education $8.30 $9.95 Contact References (Personal & Professional) $8.30/per reference contacted $9.95/per reference Confirm Professional Licenses/Credentials (CPA, Electrical, Trade, etc.) $8.30 $9.95 Employment Credit Report $14.25 $15.95 Workersí Comp History (when available from the State) $8.30/state $9.95 Criminal Records CrimeChex PLUS Insant Multi-State Criminal Record Index Check. Includes SSN Validation, Address Search, and Alias Check $15.50 $19.50 Check Individual State via Index $8.30 $9.95 Check Individual County in any State $16.00 $20.00 Check Nationwide Federal Crimes $7.85 $9.95 Driving Records (State Prices Vary) 15% discount off retail $8.70-$24.00
- Renewal. The Agreement shall terminate absolutely and without further obligation on the part of the Client at the close of the calendar year in which it is executed and at the close of each succeeding calendar year for which it may be renewed. This agreement shall be automatically renewed for a one-year term each January 1 unless the Client provides written notice of its intent not to renew the contract no later than thirty (30) days prior to the end of the calendar year. The total obligation of the Client for the calendar year of execution and in each calendar year renewal term, if renewed, shall be determined by the services utilized by Client as the purchaser of such services pursuant to Section 5. The Agreement shall obligate the Client only for those sums payable during the calendar year of execution or for those sums payable in the individual calendar year renewal term. Title to any supplies, material, equipment or other personal property of the Corporation or its subcontractors shall remain in the Corporation or its subcontractors.
- Termination. This Agreement may be terminated by either party ("non-breaching party"), upon written notice of termination, in the event that the other party ("breaching party") fails to perform or observe any material term or provision of this Agreement, and does not cure such breach in all material respects within thirty (30) days following written notice from the non-breaching party demanding correction of such breach. Such notice shall describe the breach in sufficient detail to permit the breaching party to correct such breach.
This Agreement may be terminated by Corporation without notice to Client if Corporation has sufficient reason to believe that Client has ordered, used or disseminated any report on any applicant or individual, in whole or in part, contrary to this Agreement or in violation of any federal, state, or local law or regulation.
- Warranty. The Corporation agrees to use its best and most precise efforts to furnish Client with accurate, current, complete, and reliable information based on such information as it is reasonably available and obtained via applicable public record sources and/or information services utilized by the Corporation.
- Indemnification. Client agrees that it shall be responsible for all actions, employment or otherwise, it takes based on accurate reports provided to it by Corporation.
- Duties of Client. Client agrees that it was provided with and that it shall order, receive and use information provided by the Corporation in compliance with all federal and state statutes and regulations including, but not limited to, the Fair Credit Reporting Act (FCRA) and its statesí analogues, the Americans with Disabilities Act (ADA) and its statesí analogues, and the Drivers Privacy Protection Act (DPPA) and its states analogues and statutes and regulations governing fair information practices, and such information will be requested specifically for employment purposes only, which may include the evaluation of an employee for the purpose of hiring, promotion, transfer, security-related issues, etc. Such requests must be accompanied by a release signed by the applicant, acknowledging his/her understanding that his/her background may be investigated (based on details of the job application and/or resume provided by the applicant).
All such information shall be maintained by the Client in strict confidence, and disclosed only to employees whose duties are reasonably related to the legitimate business purposes for which the information is requested. Client agrees not to sell, disseminate or otherwise distribute, in whole or in part, information provided by the Corporation to any third party. Client shall order, receive and use information provided by the Corporation solely as an end user.
If Client denies employment or takes other adverse actions based on information provided by the Corporation, Client will do so in accordance with provisions of the FCRA, and include in its "adverse action" statement notification that the Corporation did not take or recommend the adverse action and is unable to provide the applicant with any reasons as to why the adverse action was taken. In addition, when such adverse action is taken, Client agrees to provide the applicant with a copy of the Consumer Bill of Rights, which includes the Corporationís telephone number and address.
Client also agrees to accurately and correctly enter all information when placing orders over the Corporationís website, and will take appropriate measures to ensure that information forwarded to the Corporation via the website, email, or FAX about persons who are to be screened is accurate. Client will be responsible for any charges resulting from the processing of inaccurate or incorrect information that was submitted to the Corporation by their designated personnel.
Client warrants that it has accurately represented the type and nature of Clientís business and specifically warrants that Client is not in business as a private investigative agency, a detective agency, a law firm or a government law enforcement agency
- Violations. Any violation of the Fair Credit Reporting Act, or any other applicable local, state or federal law by the Client with respect to requests for, use of, or dissemination of information, will result in the suspension of Corporationís services to the Client.
a) Requesting a consumer report without a permissible purpose.
Violations of the Fair Credit Reporting Act giving rise to immediate suspension of Corporationís services to the Client include, but are not limited to the following:
b) Requesting a consumer report without an authorization signed by the applicant.
c) Failure to disclose to applicant(s) if a consumer report was instrumental in the decision to not employ the applicant(s).
- Proprietary Rights and Confidentiality. Corporation regards, and hereby identifies as proprietary and confidential those methods and processes for collecting, decoding, assembling and assessing its services. Client agrees to exercise due and reasonable care in protecting the Corporationís confidential and proprietary information from unauthorized use or disclosure.
- Legal Notices. All legal notices under this Services Agreement shall be sent by certified mail to the client's billing address and to the following: Mr. Debbie Holmes, President, LABORCHEX Companies, 2506 Lakeland Dr. #200, Jackson, MS 39232
- Force Majeure. Neither party shall be responsible for any delay nor failure in performance resulting from acts beyond the control of such party. Such acts shall include but not be limited to: an act of God; an act of war; a riot; an epidemic, fire, flood or other disaster; an act of government; a strike or lockout.
- Entire Agreement. This Agreement constitutes the entire Agreement between the parties and supersedes all prior Agreements and understandings with respect to the matters contained in it. This Agreement may be amended or modified in whole or part by agreement, in writing, and executed in the same manner as this Agreement and making specific reference thereto.
- Counterparts. This Agreement may be executed simultaneously in one or more counterparts with the same effect as if the parties executing the several counterparts had executed one counterpart; provided, however that the several executed counterparts shall together constitute one and the same instrument.
- Attorneys Fees. Should any court action be filed by any party as a result of the breach of any terms of this Agreement, the prevailing party in such action shall be entitled to reimbursement of attorneys fees incurred by that party in such action.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written.
By: Debbie Holmes
FOR PMAA MEMBER