14.
C. End User/Emunderstands its obligations under the
federal Fair Credit Reporting Act ("FCRA"),
the Americans With Disabilities Act ("ADA"),
and applicable state laws in ordering and using
Credit Reports for employment and other purposes,
will comply with all such obligations, and will be
responsible for its own regulatory compliance. End
user may access a copy of the Federal Trade
Commission's "Notice to Users of Consumer Reports:
Obligations of Users Under the FCRA" by
clicking here
and Chapter Nine of Technical Assistance Manual for
the ADA.
15.
D. End User certifies that it will order Credit
Reports solely for employment purposes and for no
other purpose unless End User specifically notifies
Provider that End User intends to use Credit Reports
for another purpose. In such case, End User
certifies that it will use the Credit report solely
for the other permissible purpose indicated in its
order and for no other purpose.
16. E. In connection with ordering Credit
Reports for employment purposes, End User agrees:
17. End-User certifies that each time it
orders Credit Reports for employment purposes:
18. (a) End User is ordering Credit Reports
solely for employment purposes, and will not use the
Credit Reports for any other purpose.
19.
(b) Prior to ordering Credit and or other Background
Reports, (i) End User/Company has given a clear and
conspicuous disclosure to the Consumer, in a
document that consists solely of the disclosure,
that End User is obtaining a consumer report on the
Consumer for tenant screening purposes, and, (ii)
the Consumer has authorized End User in writing to
obtain the report(s) for such purposes.
20. (c) Prior to taking any adverse action
based in whole or in part on such Credit Report, End
User will provide the Consumer with a copy of the
credit Report, and a description in writing of the
rights of the Consumer under the FCRA in the form
published by the Federal Trade Commission.
21. (d) End User will not use any Credit
Report in violation of any federal or state equal
opportunity law or regulation; order any workers'
compensation information on a Consumer unless End
User has made a conditional offer of employment to
the Consumer; or use such information in violation
of the FCRA, ADA, or any applicable state law.
22. End User will retain the consumer
authorizations described in Section E.1(b) above for
at least two (2) years, and will make available
copies or originals of any or all such
authorizations as may be requested from time to time
by Provider. Prior to destroying any such
authorization, End User will notify Provider and
give Provider a reasonable opportunity to obtain the
authorization at their expense.
23. End User will verify the identities of
the subjects of all Credit Reports, obtain the
permission of each Consumer to obtain the Credit
Reports when required under applicable federal and
state laws in the form required under such laws,
provide all notices and disclosures required under
such laws, refer Consumers to Provider for all
inquiries regarding Credit Reports, and permit
Provider to audit End User's procedures related to
this agreement.
24. ALL CREDIT, CRIMINAL AND PUBLIC RECORDS
REPORTS ARE PROVIDED "AS IS." GLOBAL TENANT
SCREENING, NATIONAL EMPLOYMENT SCREENING/PREMIUM
BACKGROUND CHECKS/BACKGROUND CHECK SERVICESTHE
PROVIDER(S) DOES NOT MAKE ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE, AND IMPLIED
WARRANTIES ARISING FROM THE COURSE OF DEALING OR A
COURSE OF PERFORMANCE WITH RESPECT TO THE ACCURACY,
VALIDITY, OR COMPLETENESS OF ANY REPORT, THAT WILL
MEET END USER'S NEEDS, OR THAT THEY WILL BE PROVIDED
ON AN UNINTERRUPTED BASIS, AND PROVIDER/NATIONAL
EMPLOYMENT SCREENING AND AFFILIATED COMPANIES
EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND
WARRANTIES.
25.
Provider Global Tenant Screening and or it's
affiliated companies will not be liable for any
indirect, consequential, or special damages or
damages for loss of profits, whether incurred as a
result of negligence or otherwise, even if they have
been advised of the possibility of such damages.
Provider's maximum aggregate liability for damages
in connection with Credit Reports will not exceed an
amount equal to the price paid by End User to
Provider for such information.
26. End User/Employer/Company indemnifies, agrees
to defend, and holds harmless Global Tenant
screening and its associates and affiliates from and
against any and all claims, suits, proceedings,
damages, costs, expenses (including, without
limitation, reasonable attorney fees and court
costs) brought against, or suffered by, any such
person arising or resulting from, or otherwise in
connection with, any breach by End User/Employer of
any of its representations, warranties, or
agreements in this agreement.
27. End User will pay Provider directly for
Provider's charges in connection with all Reports
ordered by End User. This agreement constitutes the
entire agreement of the parities with respect to its
subject matter, and supersedes any contemporaneous
or prior written or oral proposals, representations,
or other communications regarding such subject
matter, whether by Provider, or any other person,
except that the terms of End-User's existing
agreement with provider will continue in full force
and effect; provided, however, that in the event of
an irreconcilable inconsistency between a provision
of such agreement and this agreement, the provisions
of this agreement shall control.
28.
Provider may assign this agreement and all of its
rights and obligations hereunder to any of its
affiliates or designees without notice to End User.
No change may be made to this agreement except in
writing executed by End User, Provider, and the
Compliance Officer or other authorized officer of
Provider.
This agreement shall be interpreted in accordance
with the laws of the state of Florida, without
reference to principles of conflict of laws of such
state.
29.
Any party may terminate this agreement without cause
or penalty, effective upon prior written notice to
the other parties. Upon any such termination, end
User will no longer have access to Credit or other
Reports that contain any Provider information.
30. Termination of this agreement will not
effect any obligations arising prior to the
effective date of termination with limitations of
liabilities set forth above
31. Company agrees to pay invoices from
provider on a monthly basis by check (Due Upon
Receipt), and must be received within 10 days of
billing or an accounting bar will be placed on the
account.
To be completed by Landlord/Company/ End User:
Agreed to by:
______________________________________________________Title
__________________
(please
print)
Company Name (Landlord)
________________________________________________________
Address:
__________________________________City_______________
State ____Zip________
Signature
________________________________________________
Date____________________
Accepted by GTS (Provider):
____________________________________________Title
______
(please print)
Signature
___________________________________________________
Date ________________________
Please note you must maintain an appropriate
signed release in your records for two years as
they are subject to
FCRA audit..
In most cases we will not require a copy
of the release form for our files.
Some States will require release forms
specific to their state.
None of the information in this web site
should be construed as legal or insurance
advice. All forms, policies, terms,
information and procedures should be reviewed
by your legal counsel before being used in any
way.