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.
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Provide the applicant/employee with a copy of the
consumer report;
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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.
