Agreement
Screening Agmt
Client Information
Designated Contact Personnel
Main Contact *
*For additional contact personnel beyond 4 alternates, please provide a supplementary form or spreadsheet with user information.
Master Service End-User Agreement
General. Applicant Insight strives to deliver accurate and timely information products and services to assist your Company ("End-User") in making intelligent decisions for a permissible purpose under applicable law. As a condition of entering into this Agreement, you will be required to certify that End-User has in place reasonable procedures designed to comply with all applicable local, state and federal laws and regulations. Florida law shall guide the interpretation of this Agreement. All litigation arising out of this Agreement shall be commenced in Florida, and the parties hereby consent to such jurisdiction and venue. Changes to these conditions may be made only by mutual written consent of an authorized representative of End-User and an officer of Applicant Insight.
No Re-Sale or Transfer. End-User agrees not to resell, sub-license, deliver, display or otherwise distribute to any third party any of the information products or software solutions addressed herein, except as required by law or with the prior written consent of Applicant Insight. End-User may not assign or transfer this Agreement without the prior written consent of Applicant Insight.
Certification of Legal Compliance. End-User certifies that the information products and/or software solutions it receives will not be used in violation of any applicable federal, state or local laws. End-User accepts full responsibility for complying with all such laws and for using the information products and software solutions it receives from Applicant Insight in a legally acceptable fashion. End-User further accepts full responsibility for any and all consequences of use and/or dissemination of those products and/or software solutions.
Retention of Information / Right to Audit. End-User agrees to retain any information it receives from Applicant Insight in accordance with applicable local, state and federal laws and regulations. End-User agrees to allow Applicant Insight to audit such records at any time, upon reasonable notice given. Violations discovered by Applicant Insight may result in immediate termination of the account, legal action, and/or referral to federal or state regulatory agencies.
No Legal Advice. End-User understands that any conversation or communications with Applicant Insight's representatives regarding any information products, services and/or software solutions offered or provided by Applicant Insight, and any documents provided to End-User by Applicant Insight are not to be considered legal advice or counsel.
Confidentiality. Applicant Insight hereby identifies as proprietary and confidential any property or any other information disclosed to End-User hereunder ("Confidential Information"). End-User will take reasonable precautions to assure that all Confidential Information disclosed to it is held in strict confidence and disclosed only to those of their respective employees whose duties reasonably require access to such information. End-User shall take all measures reasonably necessary to protect the confidentiality of such information, including establishing security procedures to prevent the accidental or unauthorized use, copying or disclosure of information.
Applicant Insight agrees to hold in the strictest confidence any past, present, or future techniques, know-how, trade secrets, sales and customer information, marketing strategies, and business and financial information relating to the business of End-User (collectively, "Confidential Information"). Confidential Information shall not include information which (i) is or becomes in the public domain through no fault of the receiving party, (ii) was already known to the receiving party prior to disclosure, (iii) is lawfully obtained from a third party under no obligation of confidentiality, or (iv) is independently developed by the receiving party without any use of or reference to the Confidential Information of the disclosing party. This section of the Agreement shall survive the termination of the relationship between Applicant Insight and End-User.
Non-Solicitation. End-User agrees, during the term of this Agreement, and for a period of twenty-four (24) months after termination, that End-User will refrain from and will not directly or indirectly (a) solicit any organization that End-User should know is or was a customer of Applicant Insight within the preceding twenty-four month period to terminate any business relationship with Applicant Insight; or (b) solicit any of the employees or agents of Applicant Insight to terminate any business relationship with Applicant Insight or otherwise encourage or hire any such person to commence any relationship as employee or agent for any other entity or individual. End-User further agrees that upon a violation of this section, the period during which the covenants apply will be extended by the number of days equal to the period of such violation.
Fees and Payment. End-User agrees to pay nonrefundable fees and other charges for Applicant Insight's products and services. Full payment must be made within thirty (30) days of the invoice date. Payments not received within thirty (30) days may cause the account to be placed on temporary interruption until the balance due is paid in full. Accounts with invoices unpaid may be assessed an interest charge of 1½% per month, as allowed by applicable law. Invoice discrepancies should be reported no later than 10 days following the invoice. If the account goes to collection, End-User agrees to pay all collection expenses, including attorneys' fees and court costs.
Applicant Insight reserves the right to adjust rates by no greater than 5% prior to each renewal period, presented to End-User at least 60 days prior to the renewal term. Any other rate adjustments may only be applied upon mutual agreement by both parties. Pass through fees are subject to change without notice.
Warranties and Remedies / Indemnification. End-User understands that Applicant Insight 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". Applicant Insight makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose with respect to the accuracy, validity, or completeness of any information products. Applicant Insight will not be liable for any indirect, incidental, consequential, or special damages for loss of profits. End-User agrees to indemnify and hold harmless Applicant Insight, 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 or services provided by it.
Applicant Insight agrees to be responsible for actual damages for third party claims directly resulting from Applicant Insight's sole gross negligence. Applicant Insight's maximum aggregate liability shall not exceed an amount equal to the price paid by End-User to Applicant Insight for the specific information product or service at issue. The liability of Applicant Insight for third party claims shall only be triggered by a final non-appealable order from a court of competent jurisdiction.
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. This Agreement will renew automatically for successive one (1) year periods unless either party gives written notice of its intent to terminate no less than sixty (60) days prior to the proposed termination date. Applicant Insight may terminate immediately upon written notice if End-User (i) breaches any term of this Agreement and fails to cure such breach within fifteen days, (ii) becomes insolvent or files a petition in bankruptcy, or (iii) assigns or attempts to assign this Agreement without first obtaining consent. Termination does not release End-User from its obligation to pay for services rendered.
Independent Contractors. This Agreement is not intended to create any employment relationship or general or limited partnership between the parties. Rather, each party is an independent contractor of the other.
Force Majeure. End-User agrees that Applicant Insight 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 Applicant Insight from meeting its obligations under this Agreement.
Waiver. The failure of either party to insist upon the strict performance of any term, covenant, or condition of this Agreement will not be construed as a waiver of subsequent breach of the same or any other covenant, term, or condition.
Severability. 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.
Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. A signature on a copy of this Agreement received by facsimile is binding upon the other party as an original. The individuals signing below represent that they are duly authorized to do so. There shall be no oral modification of this Agreement.
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Certification. I certify that I am authorized to execute this Agreement on behalf of the Company listed above. Further, I certify on behalf of End-User Company that the above statements are true and correct and agree to the terms and conditions set forth. My signature also authorizes the above listed references to release the Company's credit information.
Annual Background Screening & Webforms Addendum
This Addendum is entered into only with End-Users who have executed an underlying Applicant Insight Master Service End-User Agreement. This Addendum merely supplements the existing Master Service End-User Agreement between the parties and does not modify, amend or delete any existing term therein including terms of payment or other terms and conditions contained in the underlying Agreement. This Addendum shall be interpreted with the Agreement to form an agreement.
WHEREAS the parties desire that Applicant Insight shall provide background screening services to End-User. NOW upon due and adequate consideration, the parties agree as follows.
End-User hereby certifies that all of its orders for information products from Applicant Insight 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 one:
End-User shall not request, obtain, or use Reports for any purpose not identified above.
If the information products End-User obtains from Applicant Insight 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 conspicuous 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.
State Law Notifications. End-User certifies that before ordering a Report from Applicant Insight, it shall also provide any necessary notifications under applicable state law to the Consumer. End-User understands that various states, including, but not limited to, California, Minnesota, Oklahoma, New York, Massachusetts, and Washington require that specific information be communicated to the Consumer under certain circumstances.
Adverse Action Procedures. End-User certifies that before adverse action based in part or whole on a Report from Applicant Insight, it shall follow all legally-required "pre-adverse action" procedures specified by applicable federal, state and/or local law. If the Consumer may be denied employment or incur another adverse action based in whole or part on a Report provided by Applicant Insight, 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) a written notice containing any and all required notifications under federal, state, or local law. After the appropriate waiting period, and assuming no dispute, End-User will issue to the Consumer notice of any adverse action taken, including the statutorily-required notice identified in 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) and Notice of User Responsibility (16 C.F.R. Part 601).
Certifications Associated With Each Order. By having Applicant Insight prepare a Report for End-User, End-User is certifying that: (1) A clear and conspicuous disclosure has been made in writing to the Consumer by End-User stating that a Consumer Report may be obtained for employment purposes; (2) the Consumer has authorized in writing the procurement of the Consumer Report; (3) information from the report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and (4) if applicable, End-User will comply with the adverse action requirements described in Section 604(b)(3) of the Fair Credit Reporting Act.
If the information products End-User obtains from Applicant Insight are to be used for tenant screening or other business purposes, End-User certifies that prior to obtaining or causing a "consumer report" and/or "investigative consumer report" to be obtained, a clear and conspicuous disclosure will be made in writing to the consumer explaining that a consumer report and/or investigative consumer report may be obtained for the applicable FCRA permissible screening purpose(s). This disclosure will satisfy all requirements identified in Section 606(a)(1) of the FCRA, as well as any applicable state or local laws. Additionally, the consumer will have authorized, in writing, the obtaining of the report by End-User.
If adverse action is taken based in whole or in part on the information products provided by Applicant Insight, 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.
Restricted Users
End-User understands that Applicant Insight does not permit the following persons, entities and/or businesses to 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, 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, subscriptions companies, individuals involved in spiritual counseling or persons or entities that are not an end-user or decision maker.
If End-User chooses to order Investigative Consumer Reports (i.e. certain interview-based reports), it certifies that it shall comply with all legal requirements pertaining to Investigative Consumer Reports. Among other things, it shall clearly and accurately disclose to the Consumer that an Investigative Consumer Report, including information as to his/her character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be obtained. The disclosure shall be made in writing and mailed or otherwise delivered to the Consumer with a summary of the Consumer's rights provided for under 15 U.S.C. § 1681g(c). The disclosure shall also include a statement informing the Consumer of his/her right to submit a written request for additional information, pursuant to 15 U.S.C. § 1681d(b), within a reasonable period of time after the receipt by him/her of the foregoing disclosure.
State FCRA Reporting by Salary. End User acknowledges that should any criminal history request be made on an applicant, candidate, or employee that is reasonably expected to be compensated at an annual salary of $25,000 or less, End User will inform Applicant Insight of the specific anticipated salary at the time of the request to ensure that, as applicable, state specific FCRA reporting restrictions beyond those identified by section 605(a) of the federal FCRA can be applied.
California Civil Code. In compliance with Section 1785.14(a) of the California Civil Code, End-User certifies to Applicant Insight as follows: 1) it is NOT a "Retail Seller", as defined in Section 1802.3 of the California Civil Code, who issues credit to a consumer who appears in person on the basis of applications for credit submitted in person ("Point of Sale"); and 2) if, at any time hereafter, End-User becomes a "Retail Seller" issuing credit in Point of Sale transactions, it shall immediately provide written notice of such to Applicant Insight.
End-User understands that background information products from foreign countries and/or about foreign individuals are fraught with inherent limitations. End-User understands that searches of international criminal records will be conducted through the services of a third-party independent contractor. Because of differences in foreign laws, language, and the manner in which foreign records are maintained and reported, Applicant Insight cannot be either an insurer or a guarantor of the accuracy of the information reported. As a result of these and related factors, Applicant Insight HEREBY DISCLAIMS ANY WARRANTY OR IMPLICATION, IN ANY MANNER, THAT A SEARCH FOR INTERNATIONAL BACKGROUND INFORMATION WILL RESULT IN A COMPREHENSIVE AND/OR COMPLETE REPORT OF THE ACTIVITIES IN WHICH THE SUBJECT OF THE BACKGROUND CHECK MAY HAVE BEEN INVOLVED. This disclaimer is offered above and beyond those contained in the Master Services End-User Agreement given the inherent limitations associated with International background searches. End-User therefore releases Applicant Insight and its affiliated companies, officers, agents, employees, and independent contractors from any liability whatsoever in connection with erroneous information received from international record searches.
Applicant Insight's inclusion of discrepancy headers, notifications, or alerts (including e-mail) are strictly for the convenience of its End-User clients. None of this information should be relied upon as an evaluation of the information contained within information products. Any headers, alerts and/or notifications do not constitute legal or other advice or counsel to the End-User about what if any information contained in the information products may result in adverse action. End-User is solely responsible for evaluating, adjudicating and using the information contained in information products in compliance with all state, local, federal and Equal Employment Opportunity laws.
Website Compliance. If End-User is permitted to request consumer reports for employment purposes via Applicant Insight'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 understands that searches performed utilizing the National Criminal Insight System or other National or State-by-State Criminal Record Database Searches are research tools only, and under no circumstances does Applicant Insight provide this search as a substitute for a search at the record source. Such databases are compiled from 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 than the absence of a name shows they are not a criminal. Accordingly, Applicant Insight will verify court records of any and all positive matches or hits on such databases by conducting a county level search. Applicant Insight will report the following related to any national criminal database search:
- Any clear result will yield a clear report to the End-User.
- Any result that contains a possible record will be returned with reference to a corresponding developed service.
- Applicant Insight will automatically develop a service of the jurisdiction of record on the End-User's behalf, up to four jurisdictions without further approval from the End-User.
- If there are more than four jurisdictions to search, Applicant Insight will contact End-User for further instruction.
- If there is a possible record that is not reportable due to FCRA guidelines, Applicant Insight will return a Clear Report (No Record Found) to the End-User.
- Traffic infractions will not be pursued.
Additional Requirements for Criminal History Search Products and Packages. End User certifies that it has reviewed the specific components of the requested background screening scope and package(s) and understands that Applicant Insight will only provide records based on the components the End User has selected in the package and no others. End User further certifies that it has reviewed each of the screening services offered by Applicant Insight and agrees that the End User is solely responsible for choosing the search components, products, and packages that are relevant to the End User's organization based on business need and specific position. End User agrees to indemnify and hold harmless Applicant Insight from any claims relating to the components, products or scope of any background check which is ordered by the End User.
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." End-User shall not transmit any data contained in the resulting MVR via the public internet, electronic mail or any other unsecured means.
SSA Death Master File. Access to the Death Master File ("DMF") is restricted pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102 to only those entities that have a legitimate fraud prevention interest or a legitimate business purpose pursuant to a law, governmental rule regulation, or fiduciary duty. No adverse action may be taken against any consumer without further investigation to verify information from the DMF. End-User understands and agrees to the responsibilities outlined above related to the DMF as applicable.
If End-User elects to have Applicant Insight send out pre- and/or post-adverse action letters on its behalf, End-User understands that it must notify Applicant Insight each time it wishes for a letter to go out. Applicant Insight will not send out any adverse action letters unless expressly instructed to do so. End-User accepts full responsibility for the content of any adverse action letters sent by Applicant Insight and understands that it must notify Applicant Insight if it wishes to use a particular template or if it wishes to modify the template made available through Applicant Insight. End-User agrees that Applicant Insight plays no role in deciding whether an individual should incur adverse action based upon a Report. End-User accepts full responsibility for any and all substantive decision-making based upon the Reports it receives from Applicant Insight. Both parties agree that Applicant Insight's role as to the adverse action process is strictly administrative. End-User shall indemnify and hold harmless Applicant Insight, its affiliates, and subsidiaries and their respective officers, directors, employees, agents, and insurers from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys' fees and expenses) arising out of or in connection with any third-party claims related in any manner to Applicant Insight's sending out of pre- and/or post-adverse action correspondence on behalf of End-User.
When the End-User contracts with Applicant Insight for administrative services such as the mailing of pre-adverse or adverse action letters, adjudicating or "grading" consumer reports, or any other services, End-User hereby appoints Applicant Insight as its limited agent to perform such administrative procedures on End-User's behalf by applying and using End-User's guidelines and processes. End-User understands and agrees that Applicant Insight does not make the decision to deny employment, deny tenancy, or take any other adverse action based on any reported findings. The responsibility rests solely with End-User.
End-User understands that Reports contain sensitive, personal information. Accordingly, End-User agrees to implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards appropriate to the End-User's size and complexity, the nature and scope of its activities, and the sensitivity of the information provided to the End-User by Applicant Insight. Such safeguards shall include the elements set forth in 16 C.F.R. § 314.4 and shall be reasonably designed to (i) insure the security and confidentiality of the information, (ii) protect against any anticipated threats or hazards to the security or integrity of such information, and (iii) protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any consumer.
End-User shall only request Reports for one-time use, disclose Reports internally only to designated and authorized employees having a need to know, hold Reports in strict confidence, and take reasonable measures to dispose of Reports properly. In the event that End-User learns or has reason to believe that Report data has been disclosed to or accessed by an unauthorized party, End-User shall comply with any and all applicable data breach laws.
Audits. Applicant Insight shall have the right to conduct periodic audits of End-User's compliance with this Agreement. Any violations discovered as a result of such audit may be cause for immediate action by Applicant Insight, including, but not limited to, immediate termination of this Agreement.
Data Retention. Applicant Insight retains all sensitive and confidential data only as long as required for legal, regulatory, and business requirements. Consumer reports, when no longer needed, will be removed from Applicant Insight's systems, unless otherwise indicated, five years from the date of delivery to the End-User. No consumer reports or other data will be destroyed if they are relevant to litigation when Applicant Insight is a party in the case or expected to become a party or when Applicant Insight has received a subpoena.
End-User will utilize one or more of Applicant Insight's electronic forms platforms, which are internet-based platforms that provide entities with tools to accomplish the background screening consent and adverse action processes. The parties hereby agree as follows:
- No Legal Advice: End-User understands that sample forms or documents made available through any of Applicant Insight's electronic forms platforms are offered solely as a courtesy and should not be construed as legal advice. Laws governing the content of such documents frequently change. End-User shall consult with counsel as necessary to make sure that it is using appropriate documents and processes that comply with any and all applicable federal, state, and local laws.
- Voluntary Use: End-User understands and agrees that its use of Applicant Insight's electronic forms platforms, as well as the sample documents contained therein, is entirely voluntary. End-User may choose to use its own electronic or paper-based documents or processes instead at any time.
- Full Responsibility For Process and Content: If End-User chooses to use Applicant Insight's electronic forms platforms, or sample documents contained therein, End-User agrees that such documents/processes shall be considered its own (not that of Applicant Insight).
- Right To Edit Or Change Sample Content: End-User acknowledges and agrees that it has full authority to alter the sample documents contained within Applicant Insight's electronic forms platforms in order to achieve legal compliance or as otherwise desired. End-User understands and agrees that it may request edits to the sample content made available by Applicant Insight by contacting its Applicant Insight account manager or representative.
- Indemnification: End-User shall indemnify, defend, and hold harmless Applicant Insight, and its affiliates, and their respective officers, directors, and employees from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses arising out of or in connection with any claims related to: (1) End-User's use of Applicant Insight's electronic forms platforms, or (2) End-User's alleged failure to properly complete the background screening consent or adverse action process.
- Remedies: To the extent Applicant Insight is held liable for any alleged error or breach related to Applicant Insight's electronic forms platforms, Applicant Insight shall not be liable to End-User for any amount that exceeds the amount paid by End-User to Applicant Insight to use Applicant Insight's electronic forms platforms during the one-year period immediately preceding Applicant Insight's alleged wrongful act.
- No Warranty: Applicant Insight's electronic forms platforms ARE PROVIDED "as is" without express or implied warranties of any kind. THIS DISCLAIMER INCLUDES WITHOUT LIMITATION, implied warranties of merchantability AND fitness for a particular purpose.
- Use of Marks: End-User grants Applicant Insight a worldwide, nonexclusive, non-transferable, royalty-free, personal right to use End-User's Company Marks solely in the manner agreed to by the parties within Applicant Insight's electronic forms platforms. Upon termination, Applicant Insight, Inc. agrees to remove End-User's Company Marks within two business days of receiving End-User's termination or cease and desist notice.
Except where the Agreement conflicts with this Addendum, the Agreement is not modified, revoked, or superseded and remains in full force and effect.
I certify that I am authorized to execute this Addendum on behalf of the End-User Company listed below. Further, I certify on behalf of End-User Company that the above statements are true and correct and agree to the terms and conditions set forth.
Authorized Signature
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