erms and Conditions of End User Agreement
10 Main Street
Newfields, New Hampshire 03856
easyBackgrounds, Inc. (easyBackgrounds) strives to deliver accurate and timely information products to assist your company (hereinafter “End User”) in making intelligent decisions for a permissible purpose under applicable law. To this end, easyBackgrounds 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 easyBackgrounds, Inc. Therefore, it cannot be a guarantor that the information provided from these sources is absolutely accurate or current. Nevertheless, easyBackgrounds has in place procedures designed to respond promptly to claims of incorrect or inaccurate information in accordance with applicable law.
A. End User’s Certification of FCRA Permissible Purpose(s)
End User certifies that all of its orders for information products from easyBackgrounds 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:
(Check all that apply)
Section 604(a)(1). As ordered by a court or federal grand jury subpoena.
Section 604(a)(2). As instructed by the consumer in writing.
Section 604(a)(3)(A). For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer’s account.
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.
Section 604(a)(3)(C). For the underwriting of insurance as a result of an application from the consumer.
Section 604 (a)(3)(D). To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status.
Section 604(a)(3)(E). For use by a potential investor or servicer, or current insurer, in evaluating and/or assessing the credit or prepayment risk associated with an existing credit obligation.
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.
Section 604(a)(3)(F)(ii). To review a consumer’s account to determine whether the consumer continues to meet the terms of the account.
Section 604(a)(4) or (5). For use by state and/or local officials in connection with the determination of child support payments, or modifications and enforcement thereof.
B. End User’s Certification of Legal Compliance
End User certifies to easyBackgrounds that the information products it receives will not be used in violation of any applicable federal or state laws, including equal employment opportunity laws. End User accepts full responsibility for using the information products it receives from easyBackgrounds in a legally acceptable fashion and the consequences of End-User’s 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, keeping it confidential when obtaining, retaining, using and destroying such confidential information. End User agrees to take precautionary measures to protect the security and dissemination of this information including, for example, restricting terminal access and requiring unique logins/passwords for its individual users of easyBackgrounds’s services, utilizing passwords to restrict access to terminal devices, and securing access to, dissemination of, and destruction of hard copy reports. End User agrees to abide by the security requirements listed in the Access Security Requirements incorporated in Section J. Likewise, as a condition of entering into this Agreement, End User also certifies that it has in place reasonable procedures designed to comply with all applicable state and federal laws, including equal employment opportunity laws. End User certifies that it will retain any information it receives from easyBackgrounds for a period of five years from the date a report is received or such period(s) as may be required pursuant to state laws or changes in federal laws, whichever is longer.
C. When Information Products are Used for Employment Purposes
If the information products End User obtains from easyBackgrounds are to be used for an employment purpose, End User certifies that in all instances when obtaining or causing a “consumer report” and/or “investigative consumer report” to be obtained, a clear and conspicuous disclosure, in a document consisting solely of the disclosure has been made in writing to the consumer explaining that a consumer report and/or investigative consumer report may be obtained for employment purposes, and that this disclosure satisfied all requirements identified in Section 606(a)(1) of the FCRA, as well as any applicable state or local laws, including equal employment opportunity laws. The end User also certifies that the consumer has authorized, in writing, the obtaining of the report by End User. Receipt and use of information in “consumer reports” and “investigative consumer reports” imposes significant specific legal obligations upon the End User. End User acknowledges that it is advised by easyBackgrounds to consult End User’s legal counsel regarding its specific legal requirements and responsibilities under federal, state, and local laws and ordinances, including equal employment opportunity laws.
If the consumer is denied employment, or other adverse employment action taken based in whole or in part on the information products provided by easyBackgrounds, 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” and (3) the pre-adverse and adverse notifications as required by the FCRA. When End User is notified that a consumer disputes the findings presented in information products provided by easyBackgrounds, End User agrees that it will not take any adverse employment action regarding that consumer until the dispute has been investigated and the results of the investigation have been reported. 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: Obligations of Users Under the FCRA (16 C.F.R. Part 601, Appendix C).
D. Investigative Consumer Reports
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) easyBackground’s contact information, including complete address and toll-free telephone number as indicated at the end of this Agreement. This information will be provided no later than five days after the request for such disclosure was received from the consumer or such report was first requested, whichever is later.
E. Additional Requirements for Moving Violation Reports (MVRs) and Driving Records
End User hereby 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 may be requested by, and transmitted to easyBackgrounds in the form of the consumer’s signed release authorization form. End User also certifies that it will use this information only in the normal course of business to obtain lawful information relating to the holder of a commercial driver’s license or to verify information provided by an applicant or employee. End User shall not transmit any data contained in the resulting MVR via the public internet, electronic mail, or other unsecured means.
F. 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 or when authorized by the consumer in writing. End User may not assign or transfer this Agreement without the prior written consent of easyBackgrounds. 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, New Hampshire law shall guide the interpretation of this Agreement, if such interpretation is required. All litigation arising out of this Agreement shall be commenced in New Hampshire, 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 easyBackgrounds. 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 easyBackgrounds’ 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 easyBackgrounds to audit its records at any time, upon reasonable notice given. Violations discovered by easyBackgrounds may result in immediate termination of
the account, legal action, and/or referral to federal or state regulatory agencies. Refusal by End User to cooperate in easyBackgrounds audits may result in immediate suspension of End User's access to the system.
G. Fees and Payment
End User agrees to pay nonrefundable fees and other charges for easyBackgrounds’ background check services. Full payment must be made within thirty (30) days of the invoice date. At easyBackgrounds’ option, payments not received thirty (30) days after the date of the invoice will cause the account to be suspended, with no additional requests being processed until the balance due is paid in full or arrangements have been made with easyBackgrounds’ Accounts Receivable Department. Accounts with invoices unpaid for ninety (90) days or more will be assessed an interest charge of 1½ % 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 easyBackgrounds 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 easyBackgrounds will make reasonable efforts 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 easyBackgrounds. End User also agrees that it is solely responsible for payment of any taxes due to states in which they are located for services that are rendered by easyBackgrounds; easyBackgrounds will not collect or report on such taxes. In the event that a background check or elements thereof are cancelled by or at the request of the End User, the End User agrees to pay fees due to third parties that are incurred by easyBackgrounds prior to that cancellation.
H. Warranties and Remedies
End User understands that easyBackgrounds 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”. easyBackgrounds 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 or investigative consumer reports, that the information products will meet End User’s needs, or will be provided on an uninterrupted basis; easyBackgrounds expressly disclaims any and all such representations and warranties. easyBackgrounds 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 easyBackgrounds has been advised of the possibility of such damages. End User agrees to indemnify and hold harmless easyBackgrounds, its successors and assigns, officers, directors, employees, agents and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it.
easyBackgrounds nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third party claims directly resulting from easyBackgrounds’ sole negligence in assembling the consumer report and/or investigative consumer report. easyBackgrounds’ maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by End User to easyBackgrounds for the consumer report(s) and/or investigative consumer report(s) at issue. easyBackgrounds 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 easyBackgrounds’
representatives regarding searches, verifications or other services offered by easyBackgrounds are not to be considered a legal opinion regarding its 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 in making employment decisions.
I. Term and Termination
The term of this Agreement shall begin on the date it is executed by End User and will continue for a period of one (1) year from that date, unless earlier terminated in writing. This Agreement will renew automatically for successive one (1) year periods unless either party gives written notice to the other party of its intent to terminate the Agreement. Such notice of intent to terminate must be given no less than thirty (30) days prior to the proposed termination date. easyBackgrounds 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.
J. Access Security Requirements
To prevent 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 User ID and password so that only key personnel employed by its company 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 its company or purchased from a third party vendor, will have End User’s User ID 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 in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, End User will change its password immediately.
3. End User agrees it will not discuss its User ID or password by telephone with any unknown caller, even if the caller claims to be an employee of easyBackgrounds.
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.