This
Agreement is made by and between Subscriber and American DataBank
(consumer reporting agency), subject to the following terms and
conditions:
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SERVICES PROVIDED: American DataBank agrees to furnish to Subscriber
personal identifier record (SSN), employment references, civil
and criminal records, motor vehicle records, credit records, education
and credential verification, workers' compensation claim history
and other background information ("consumer report") on job applicants/employees,
as requested by the Subscriber. American DataBank will use its
best efforts to deliver the consumer reports requested in an expeditious
manner, however, American DataBank shall have no obligation or
liability to Subscriber for any delay or failure to deliver consumer
reports caused by the parties providing data or information to
American DataBank, or by any other third-party. American DataBank
is a federally regulated Consumer Reporting Agency as defined
by the Fair Credit Reporting Act for the purpose of providing
pre-employment screening information in accordance with all applicable
guidelines and confidentiality as stipulated within applicable
statutes.
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DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY: The consumer report
obtained by American DataBank is derived from databases and records
that have been created and maintained by various government agencies,
private companies, and other contributors that are not under the
control of American DataBank. Responsibility for the accuracy
of the information contained in the consumer report and these
databases and records rests solely in the contributor. The Subscriber
waives any and all claim or claims against American DataBank arising
out of or related to the accuracy of the consumer report, databases
and records.
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PAYMENT REQUIREMENTS/COLLECTION: Subscriber agrees to pay American
DataBank the applicable charges for the various services rendered
to Subscriber as specified in American DataBank's employment screening
service list, which is subject to change from time to time. Subscriber
agrees to pay all applicable charges within thirty (30) days of
receipt of the information or consumer report requested. However,
all monetary obligations to American DataBank for services rendered
which are past due fifteen days or more may, at the election of
American DataBank, bear interest at the rate of eighteen percent
18% per annum. In the event that legal action is necessary to
obtain the payment of any monetary obligations to American DataBank,
the Subscriber shall be liable to American DataBank for all costs
and reasonable attorneys' fees incurred by American DataBank in
collection of such obligations. American DataBank has the right
to change the payment period according to the client's credit
rating (score) and financial status.
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SUBSCRIBER'S ACKNOWLEDGMENT OF COMPLIANCE WITH THE FAIR CREDIT
REPORTING ACT: The Fair Credit Reporting Act (FCRA) governs the
activities of consumer reporting agencies, as well as the users
of the information procured from these agencies. A consumer report
contains information on a job applicant/employee's character,
reputation, and other personal data; therefore, use of such information
is strictly regulated by the FCRA. Among other things, the FCRA
prohibits employers from obtaining consumer reports unless the
employer discloses to the applicant, in writing, that such a report
may be acquired, and obtains the written authorization of the
applicant/employee to inquire into this background information.
The FCRA also requires employers to take additional steps when
they make an employment decision based in whole or part on the
background information. These steps are intended to give the applicant
the opportunity to dispute any information contained in the background
or consumer report. Unless requested by a client or by government
regulation we will provide the criminal records for a minimum
of seven years. American DataBank urges all employers to review
the restrictions and requirements of the FCRA. The Act's citation
is Public Law 91-508, Title 15, U.S.C. Sections 1681, et seq,
and the text of this Act is available on American DataBank's web
page. Please note, particularly, the Permissible Purposes of Reports,
as well as requirements on Users of Consumer Reports and Obtaining
Information Under False Pretenses.
According
to FCRA guidelines there is no limitation as to the length of
time investigated in an applicant's past.
American
DataBank urges all employers to review the restrictions and requirements
of the FCRA. The Act's citation is Public Law 91-508, Title 15,
U.S.C. Sections 1681, et seq, and the text of this Act is available
on American DataBank's web page. Please note, particularly, the
Permissible Purposes of Reports, as well as requirements on Users
of Consumer Reports and Obtaining Information Under False Pretenses.
Please
check the boxes after your acceptance.
Employment Purposes: By signing this document, Subscriber
certifies that it is requesting American DataBank to provide screening
services only for the purposes of considering an individual for
employment, promotion, reassignment or retention as an employee,
and for no other purposes.
Applicant's Authorization Obtained: By signing this document,
Subscriber certifies that prior to requesting American DataBank
to provide screening services for employment purposes on an applicant/employee,
it has provided the applicant/employee with a clear and conspicuous
written disclosure, in a document consisting solely of the disclosure,
that a consumer report is being requested for employment purposes,
and it has obtained the written authorization from the applicant/employer
to obtain a consumer report for employment purposes. A standard
disclosure and authorization form is available from American DataBank
for these purposes.
- Provide the applicant/employee with a copy of the consumer
report;
- Provide the applicant/employee with a copy of the Consumer
Rights, in the format approved by the Federal Trade Commission
(A copy of this Consumer Rights form may be obtained from American
DataBank); and
- Provide the applicant with ample time to dispute any information
contained in the consumer report.
Adverse Action: By signing this document, Subscriber certifies
that after providing the applicant/employee with the Pre-Adverse
Action information contained above, and after it has given the applicant/employee
"ample time" to dispute the information, the Subscriber will send
the applicant a follow-up notification that the Subscriber is taking
adverse action (e.g., denying employment or promotion) based on
the information contained in the consumer report.
Confidentiality and Use of Information: By signing this document,
Subscriber certifies that it acknowledges the sensitivity and confidentiality
of the information contained in the consumer report and Subscriber
agrees that information obtained from a consumer report will not
be used in violation of any applicable state or federal equal employment
opportunity laws.
Indemnification/Hold harmless: By signing this document,
Subscriber acknowledges that it has read and understands the requirements
of the Fair Credit Reporting Act, Subscriber agrees that it will
comply with all such requirements, and Subscriber agrees that it
shall defend, indemnify and hold American DataBank, its directors,
officers, employees, agents, successors and assigns, harmless from
any and all claims, liability, costs or damages whatsoever arising
out of or related to Subscriber's failure to comply with the requirements
of the FCRA. Subscriber further agrees that it shall defend, indemnify
and hold American DataBank, its directors, officers, employees,
agents, successors and assigns, harmless from any and all claims,
liability or damages whatsoever arising out of or related to the
accuracy or use of the services or data provided under this Agreement.
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ARBITRATION: Any controversy or claim arising out of or relating
to this Agreement, or the breach thereof, shall be settled by
arbitration in Denver, Colorado, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof.
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ATTORNEYS FEES AND COSTS: In the event a dispute arises with respect
to this Agreement, the party prevailing in such dispute shall
be entitled to recover all expenses, including, without limitation,
reasonable attorneys' fees and expenses incurred in ascertaining
such party's rights, and in preparing to enforce, or in enforcing
such party's rights under this Agreement, whether or not it was
necessary for such party to institute suit or submit the dispute
to arbitration.
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GOVERNING LAW: This Agreement shall be governed by and construed
in accordance with the laws of the State of Colorado.
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WAIVER: The failure of either party to insist in any one or more
cases upon the strict performance of any term, covenant or condition
of this Agreement will not be construed as a waiver of a subsequent
breach of the same or any other covenant, term or condition; nor
shall any delay or omission by either party to seek a remedy for
any breach of this Agreement be deemed a waiver by either party
of its remedies or rights with respect to such a breach.
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SUCCESSORS: This Agreement shall inure to the benefit of and bind
the heirs, personal representatives, successors, and assigns of
the parties.
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CANCELLATION: you can cancel the account with American Databank
by sending notification in writing two weeks in advance. However,
your company is obligated and must adhere to the FCRA despite
cancellation. American Databank recommends that all Disclosure
and Release forms must be kept on file in a secure location for
a period of at least two years.