Investigative Consumer Reports
This Agreement by and between Oxford Document Management Company, Inc. ("Seller") and the User and/or its designated agent(s) shall consist of the following understandings and conditions:
1. Seller coordinates the gathering of Investigative Consumer Reports ("Reports") pertaining to a consumer's employment, references, education, professional license, credit, driving, and criminal histories.
2. User is an organization that has the need from time to time for Reports in connection with the evaluation of individuals for employment, appointment, volunteer, promotion, reassignment or retention.
3. User understands and agrees that it is solely responsible for determining the scope and content of the Reports requested from Seller, the interpretation, use, and release of any and all information from the Reports, for complying with all laws regarding the scope, content, use, or release of any and all information from the Report, and for any and all actions taken based on or related to the Report or information from it.
4. User understands that Seller is not providing legal advise regarding the scope, content, use, release, or any other matter related to the Reports or any information from it and that the User should obtain whatever legal advice it determines is needed prior to entering this Agreement, prior to making any employment or volunteer service related decision in whole or in part on the information obtained from the Reports, prior to making any other use or release of the Report or any information from it, or for any other matters related to the Report.
5. User agrees that the Report and all information from it will be used only for legitimate permissible purposes in compliance with all applicable state and federal laws including but not limited to the Fair Credit Reporting Act [specifically sections 604 (b) and 607 (d)] and the Americans with Disabilities Act.
6. All Reports, whether oral or written, will be kept in strict confidence by Seller. User becomes the owner of all Reports submitted to it and may use, file, or dispose of them in any manner not in violation of applicable laws. Except as may be required by law, no information from Reports will be revealed by Seller to any person except those designated by User. User agrees that it shall only use the Report for a one-time use, and not disclose any portion of the Report to any third parties.
7. User shall pay for each Report based on Seller's current Fee Schedule. Seller reserves the right to change the Fee Schedule at any time, with or without notice. User will be billed monthly for services via credit card or invoice. All invoices shall be due upon receipt. Payments not received within 30 days will be considered past due and may result in suspension of services by Seller. Past due amounts may accrue interest at the rate of 1.5% per month.
8. Seller shall use good faith in attempting to obtain information from sources deemed highly reliable, but User recognizes that information in Reports is secured from and managed by fallible sources (human and otherwise), and that for the fee charged, Seller cannot be either an insurer or guarantor of the accuracy of the information reported. Employees of Seller are not allowed to render any opinions regarding information in a Report.
9. User agrees to WAIVE, RELEASE and DISCHARGE Seller, its officers, agents, employees and independent contractors and to INDEMNIFY and HOLD them HARMLESS from liability for all damages and losses of whatever kind or nature, except liability for willful or intentional acts or punitive damages that may result, arise out of, or be related in any way to the investigation conducted by Seller or the Report or other information provided by Seller.
10. This Agreement shall remain in force and effect for one (1) year from the date hereof, and thereafter, from year to year, on the same basis as set forth herein. It is further agreed, however, that with just cause, such as delinquency or violation of the terms of the Agreement or legal requirement, Seller may, upon its election, discontinue serving User and cancel this Agreement immediately.
11. If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees from the other party.
12. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the laws of the State of Minnesota.
13. This Agreement may not be assigned by either party without the written consent of the other party.
14. The parties hereto agree that this instrument is the full and complete Agreement between them regarding the furnishing of Reports, and is not to be altered, varied, or enlarged upon by any verbal promises, statements or representations not expressed herein. If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the terms shall remain in full force and effect and shall not be affected.
15. This Agreement shall not be binding on either party until accepted by Seller.