American DataBank
Customer Agreement
Terms and Conditions for tenant screening
This
agreement is made by and between the Subscriber and American DataBank
(consumer reporting agency).
Subscriber
shall come to terms with the following -
1.
SERVICES PROVIDED: American DataBank agrees to furnish to Subscriber
personal identifier record (SSN), tenant 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 tenants,
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-tenant screening information
in accordance with all applicable guidelines and confidentiality as
stipulated within applicable statutes.
2.
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.
3.
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 tenant 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. 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 twenty-one percent 21% 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.
4.
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 tenant's character, reputation, and other personal data; therefore,
use of such information is strictly regulated by the FCRA. Among other
things, the FCRA prohibits tenants from obtaining consumer reports
unless the landlord/property owner discloses to the tenant, in writing,
that such a report may be acquired, and obtains the written authorization
of the tenant to inquire into this background information. The FCRA
also requires landlord/property manager to take additional steps when
they make a decision based in whole or part on the background information.
These steps are intended to give the tenant the opportunity to dispute
any information contained in the background or consumer report.
American
DataBank urges all landlords/property managers 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.
Tenant Screening Purposes: By checking the box to the left,
Subscriber certifies that it is requesting American DataBank to provide
screening services only for the purposes of considering an individual
for tenant, and for no other purposes.
Applicant's Authorization Obtained: By checking the box to
the left, Subscriber certifies that prior to requesting American DataBank
to provide screening services for tenant purposes on a tenant, it
has provided the tenant with a clear and conspicuous written disclosure,
in a document consisting solely of the disclosure, that a consumer
report is being requested for tenant purposes, and it has obtained
the written authorization from the applicant/employer to obtain a
consumer report for tenant purposes. A standard disclosure and authorization
form is available from American DataBank for these purposes.
Pre-Adverse Action: By checking the box to the left, Subscriber
certifies that before taking adverse action (e.g., refusing to hire
or promote an tenant), based in whole or part on information
contained in the consumer report, it will first:
1.
Provide the tenant with a copy of the consumer report;
2. Provide the tenant 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
3. Provide the applicant with ample time to dispute any information
contained in the consumer report.
Adverse Action: By checking the box to the left, Subscriber
certifies that after providing the tenant with the Pre-Adverse
Action information contained above, and after it has given the tenant
"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 tenant or promotion) based
on the information contained in the consumer report.
Confidentiality and Use of Information: By checking the box
to the left, 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
tenant opportunity laws.
Indemnification/Hold harmless: By checking the box to the
left, 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.
5:
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.
6: 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.
7:
GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
8:
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.
9:
SUCCESSORS. This Agreement shall inure to the benefit of and bind
the heirs, personal representatives, successors, and assigns of the
parties.