Complete Our Contractor Agreement
Authorized Account Users
Up to two people may be authorized to place background check orders and receive results.
□ Check this box if this person the same as the Primary Business Contact
Understanding the FCRA
We are required by federal law to provide two notices to all clients. Please download as indicated.
Notice to Users of Consumer Reports: Obligations of Users under the FCRA – This notice details your responsibilities as a user a background reports.
A Summary of Your Rights under the Fair Credit Reporting Act – This notice details the rights of consumers – your applicants and employees – as prescribed by federal and state law.
To assist our clients and fulfill our legal requirements, we provide training to users through a short, X-minute video. This training covers key responsibilities for users of consumer reports and helps protect your organization. You are not required to view the training video at this time, but it is available below if you would like to do so. (This training video must be viewed prior to placing first order for a background check.)
Screening News Update: Diploma Lie | Common App Change | Mass Drug Testing Trouble [Video]
Screening News Update: Angie's List Sued | NYC Cuts Pot Arrests | More Salary Bans [Video]
Screening News Update: NAPBS Lawsuit | IRS Rehires Bad Apples | Feds Smoking Pot?
Screening News Update: USIS Guilty Plea | State Farm FCRA Decision | ICE Raids [Video]
Whitepaper: How Long A Good Background Check Should TakeView More
We are legally required to conduct due diligence on your company. To do so, we need certain information and documents.
There is a one-time non-refundable fee of $XX.XX to establish your account. Charges for future background checks will be shown and billed when you place an order. Once an order is submitted, charges are non-refundable.
Documents and References
Depending on your business type, please upload the following document(s) evidencing the legal status of your business:
- Corporation – Articles of Incorporation
- LLC – Articles of Incorporation
- Not for Profit – 501(c)(3) Certification Letter
- Partnership – Partnership Agreement
- Unincorporated Business – Page 1 of form 1040, most recent year
Please provide two business references
Business Reference #1
Please Read and Agree to our Terms of Service
THIS END-USER MASTER SERVICES AGREEMENT (“Agreement”) is made and entered into by and between Employment Background Investigations, (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees and agents (jointly, “EBI”) and End-User Account Name (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees and agents (jointly “End-User”). This Agreement shall be effective on the date of last signature below (the “Effective Date”).
WHEREAS End-User seeks to obtain services from EBI, and
WHEREAS EBI agrees to provide such services as described in addenda(um) referred to and incorporated herein, included a separate pricing proposal (“Statement of Work” or “SOW”) to be executed and amended by the parties from time to time, which is fully incorporated herein.
WHEREAS End-user estimates the number of applicants screened to be No. Applicants Annually .
NOW upon due and adequate consideration, the parties agree as follows
EBI strives to deliver accurate and timely information products and services in the form of consumer reports to assist your company (hereinafter “End-User”) in making intelligent and informed decisions for a permissible purpose under applicable law. To this end, EBI assembles information from a variety of fallible (human and otherwise) sources, including databases maintained by consumer reporting agencies containing information from public records, other information repositories and third-party researchers. The parties acknowledge that these information sources and resources are not maintained by EBI. Therefore, EBI cannot be a guarantor that the information provided from these sources is absolutely accurate or current. However EBI believes these sources of information are reliable. Nevertheless, EBI has in place procedures designed to respond promptly to claims of incorrect or inaccurate information in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et. seq. (“FCRA”) and applicable state and local laws.
- Transferring or Assigning Information Products or Agreement to Third-Parties
In the event that that End User desires to assign this Agreement to a successor entity through merger, acquisition, change of ownership or otherwise, End User acknowledges that the FCRA requires that EBI identify the new entity, i.e., verify that it is a legitimate company and verify that it has an FCRA permissible purpose to receive consumer reports. Upon completion of this verification process and the demonstrated ability of the assignee/successor to meet the financial obligations of this contract, EBI will affect the assignment of the contract. End User further understands that EBI may be required by regulatory or court interpretation of the FCRA to obtain a new contract for the assignee/successor entity. Such requirement shall not be deemed to be a denial of the assignment.
- Certification of Legal Compliance
- End-User certifies to EBI that the information products it receives will not knowingly be used in violation of any applicable federal, state or local laws. End-User accepts full responsibility for complying with all such laws and for using the information products it receives from EBI in a legally acceptable fashion. End-User further accepts full responsibility for any and all consequences of use and/or dissemination of those products. End User acknowledges that it will be required to execute addenda relating to specific services and/or permissible purposes under the FCRA and that it will be required to provide additional certifications to EBI to be able to receive such consumer reports.
- End-User acknowledges receipt of the following notifications created by the federal regulations: Summary of Rights and Notice to Users.
- Choice of Law/Interpretation
- By agreement of the parties, Maryland law shall guide the interpretation of this Agreement and any addenda hereto without reference to its conflict of laws and pre-emption of state law by the federal Fair Credit Reporting Act, if such interpretation is required. All litigation arising out of this Agreement shall be commenced in Baltimore County, Maryland, and the parties hereby consent to such jurisdiction and venue. Any written notice by either party shall be delivered personally by messenger, private mail courier service, or sent by registered or certified mail, return receipt requested, postage prepaid to the addresses listed below.
- This Agreement shall be construed as if it were jointly prepared. Both parties agree that this Agreement constitutes all conditions of service, present and future. Changes to these conditions may be made only by mutual written consent of an authorized representative of End-User and an officer of EBI. The headings of each section shall have no effect upon the construction or interpretation of any part of this Agreement. This Agreement is for the exclusive benefit of the Parties hereto and no third party is intended to be benefited by this Agreement.
Neither party shall reveal, publish or otherwise disclose any Confidential Information to any third party without the prior written consent of the other party. “Confidential Information” means any and all proprietary or secret data; sales or pricing information relating to either party, its operations, employees, products or services; and, all information relating to any customer, potential customer, Agent, and/or independent sales outlet. Confidential Information may be written or verbally communicated information which: (A) if in tangible form, has been marked trade secret, confidential, proprietary or with words of similar import; (B) if oral or other intangible form, which is stated to be confidential at the time of disclosure; or (C) even if not so marked, stated or described, which the party receiving the information (the “Receiving Party”) should have considered under the circumstances of its disclosure or due to the nature of such information furnished to be trade secret, confidential or proprietary information of the disclosing party. Receiving Party shall hold, and shall cause its permitted employees, consultants, and/or subcontractors to hold, Disclosing Party’s Confidential Information in confidence and, other than for the purposes of furthering the Services, shall not improperly use or disclose the Confidential Information to any third party, and it is understood that said Confidential Information shall remain the sole property of Disclosing Party, or Disclosing Party’s clients, partners or affiliates, as the case may be. Receiving Party acknowledges that a breach of the provisions of this Section shall result in serious and irreparable injury to Disclosing Party, or its client, partner or affiliate, as the case may be, for which monetary damages cannot adequately compensate. Receiving Party agrees that, in addition to any other remedy available to it, Disclosing Party shall be entitled to seek both temporary and permanent injunctive relief to the extent permitted by law for a breach or threatened breach of this Section. The Parties agree to keep this information confidential at all times during the term of this Agreement, and continuing for five years after receipt of any Confidential Information. Notwithstanding the foregoing, Receiving Party may disclose Disclosing Party’s Confidential Information as required by law or regulatory authorities, provided Receiving Party shall, if legally permissible, promptly notify Disclosing Party and reasonably cooperate with Disclosing Party at Disclosing Party’s expense if Disclosing Party seeks to legally prevent the disclosure or seek a protective order regarding the Confidential Information. Receiving Party shall protect Disclosing Party’s Confidential Information in the same manner Recipient protects its own Confidential Information of similar importance, but in no event with less than reasonable care. Notwithstanding anything to the contrary herein, in no event shall EBI be required to destroy, erase or return any consumer reports or applicant data related thereto in EBI’s files, all of which EBI shall maintain as a consumer reporting agency in strict accordance with all applicable federal, state, and local law.
- Access Security Requirements/Consumer Privacy
- The parties acknowledge they must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of information products. In accessing information products, End-User agrees to the following:
- Both parties will take reasonable procedures to protect its account number and password so that only specifically designated personnel employed by your company know this sensitive information, including not posting this information anywhere in the facility. End-User agrees to change account passwords immediately if a person who knows the password leaves its company or no longer needs to have access due to a change in duties.
- Both parties agree that system access software, whether developed by your company or purchased from a third party vendor, will have End-User’s account number and password “hidden” or embedded and be known only by supervisory personnel. End-User will assign each user of its system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer is in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, or if the password has been compromised or believed to be compromised in any way, End-User will change its password immediately.
- If End-User will request any information from EBI via personal computer, through EBI's remote software, internet ordering platform, or any other ordering method or any other direct access terminal (in all cases a “DAT”). End-User will (i) restrict access to each DAT to those employees who have been trained on DAT; (ii) inform all trained DAT operators and other employees of End-User’s FCRA and other obligations with respect to the request for and use of consumer reports; (iii) ensure that neither trained operators nor other employees will obtain consumer reports, information, or other information services for personal reasons or provide them to any third party; and (iv) take all necessary measures to prevent unauthorized use of the DAT by any persons other than the trained operators for permissible purposes. End-User will immediately notify EBI if End-User suspects or knows of unauthorized communications with EBI’s computer systems. End-User will inform trained DAT users and other employees with a need to know that unauthorized requests for consumer reports may subject them to civil and criminal liability under the FCRA.
- End-User agrees it will not discuss its account number or password by telephone with any unknown caller, even if the caller claims to be an employee of EBI.
- End-User will restrict the ability to obtain consumer information to a few specifically designated personnel who have a “need to know” of such information.
- End-User agrees to place all terminal devices used to obtain consumer information in a secure location within its facility so that unauthorized persons cannot easily access them.
- End-User agrees it will turn off and lock all devices or systems used to obtain consumer information.
- End-User will maintain fire wall protection to preclude unauthorized access and maintain antivirus software to protect from malicious software attacks.
- End-User will secure hard copies and electronic files of consumer reports within its facility so that unauthorized persons cannot easily access them.
- End-User agrees to shred and/or destroy all hard copy consumer reports when they are no longer needed and erase and overwrite or scramble electronic files containing consumer information when no longer needed and when applicable regulation(s) permit destruction.
- End-User agrees to notify its employees/applicants that End-User can access credit information only for the permissible purposes listed in the Fair Credit Reporting Act.
- EBI will use all reasonable measures to safeguard the privacy and security of information that EBI obtains in performing services hereunder, whether in electronic, paper or other format. EBI will take reasonable steps that all hardware, software, services and internal operating policies, practices, policies and procedures meet applicable requirements for federal and state laws. EBI represents and warrants that it will maintain appropriate physical, technical, and administrative safeguards to protect customer data and data about applicants from unauthorized access, use and disclosure.
- Website-related Compliance
If End-User is permitted to request and receive information products via EBI’s website then, in addition to all other obligations, End-User agrees to abide by such reasonable additional conditions that may be imposed to utilize the website, provide all required certifications electronically, to maintain complete and accurate files containing all required consent, authorization and disclosure forms with regard to each individual for whom a report has been requested, and maintain adequate security procedures and controls to assure that its personnel are not able to use End-User’s Internet access to obtain reports for improper, illegal or unauthorized purposes. End-User agrees to allow EBI to audit its records, as it relates to this agreement, during Client’s normal business hours, upon reasonable notice given. End User acknowledges that breaches of security or unauthorized use of consumer personal information will require prompt cooperation including “after hours” efforts to protect consumers from additional harm. Breaches of this Agreement and/or violations of applicable law discovered by EBI may result, as required by law, in immediate suspension and/or termination of the account, legal action and/or referral to federal or state regulatory agencies.
- Discrepancy Headers, Alerts, Color Coding and Notifications
EBI’s inclusion of discrepancy headers, alerts, color coding, and/or notifications (including e-mail) are strictly for the convenience of the End-User. The headers, alerts, color coding and/or notifications (or the lack thereof) should NOT be relied upon as an evaluation of the information contained within the report or information product. The headers, alerts, color coding and/or notifications do not constitute legal or other advice or counsel to the End-User about what if any information contained in the information products or report may result in adverse action. End-User is solely responsible for evaluating, adjudicating and using the information contained in information products or report in compliance with all state, local and federal laws.
- Term and Termination
- This Service Agreement is effective as the date hereof and is for an initial term of three (3) years commencing as of the effective date below and renewed automatically for one (1) year each year on its anniversary date, if no written notice is received by either party within forty-five (45) days prior to end of the existing term.
- EBI may terminate or revise the provisions of this Agreement immediately upon written notice if End-User is the debtor in a bankruptcy action or in an assignment for the benefit of creditors or if End-User undergoes a change in ownership that results in a change or lack of a permissible purpose to receive consumer reports per the FCRA. Termination of this Agreement by either party does not release End-User from its obligation to pay for services rendered. During the term of this Agreement, EBI will be the exclusive provider to End-User of employment screening and like services other than services not provided for herein.
- In addition to any and all other rights a party may have available according to law, if a party defaults by failing to perform any provision, term or condition of this Agreement, the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have thirty (30) days from the receipt of such notice to cure the default(s). However, breaches that relate to unauthorized obtaining, access or use of consumer reports may result in immediate suspension of service until the breach is investigated. If the investigation confirms, in the reasonable judgment of EBI, that such violation occurred, EBI may terminate service. Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
- Fees and Payment
- End-User agrees to pay nonrefundable fees and other charges for EBI’s services. A one-time set up fee of $295.00 will be billed on End-User’s first invoice (with a supplementary charge of $100 for each additional on-site inspection which may be required for subsidiaries or affiliates or End-User’s principal place of business or corporate name changes). Full payment of undisputed amounts must be made within thirty (30) days of the invoice date. End User must dispute invoices within twenty-one (21) days of the date of the invoice. If the dispute results in a reduction, but not the elimination of all of the disputed amount, End User shall pay the resulting amount within ten (10) days of the notice from EBI of the final amount owed. At EBI’s option, payments of undisputed amounts not received thirty (30) days after the date of the invoice may cause the account to be placed on temporary interruption, with no additional requests being processed until the balance due is paid in full or arrangements have been made with EBI’s Accounts Payable Department. Accounts with invoices unpaid sixty (60) days or more will be assessed an interest charge of 1 ½ percent per month, or the highest rate as allowed by applicable law, whichever is higher. Any payments, by check or other means, returned to EBI for any reason are subject to a $25.00 service charge. If the account goes to collection, or requires litigation, End-User agrees to pay all collection expenses, including collection agency fees, reasonable attorneys’ fees, and court costs.
- During the initial term of this Agreement EBI will not increase End-User’s pricing unless the End-User’s actual annual number of screens in the prior year is more than 15% lower than End-User’s original estimate at the time of this Agreement. In this case, EBI must provide thirty (30) days written notice of such price increase and End-User has a right to cancel this Agreement within the thirty (30) day period. For clarification, references to EBI’s “own fees” or “End-User’s pricing” does not include charges of third parties (such as surcharges and other fees levied by federal, state, county, other governmental agencies, educational institutions, employer verification lines, licensing agencies, required document retrieval charges, international services or clinics providing drug testing and occupational healthcare services) since such third party changes are out of EBI’s control and these fees are the responsibility of the End-User. EBI will provide End User as much advanced notice of any increase in third party charges as reasonably possible; however, End User acknowledges that third parties may change fees with little or no advanced notice.
- If End- User elects to pay by credit card, which would require the parties to execute a separate addendum, the parties agree that providing credit card information and submitting it electronically to EBI represents a legal authorization to debit the card for the orders placed or for non-payment per the 30 day terms contained herein. A transaction fee of 3.25% for credit card processing will be passed through to the End-User.
- Additional terms regarding fees are applicable to those purchasing drug testing and occupational health services and are detailed in addenda to this Agreement.
- Audit and Consulting Services
A consulting fee of $150.00 per hour will be billed for special projects including not directly de-archiving of results, backup of historical records, special reporting, monitoring of third-party software feeds, consulting services, audit services, expert witness testimony and preparation. End-User will be provided with a Statement of Work (SOW) and written cost estimate for the project requested prior to the initiation of such additional work.
- Cancelation of Requests
Requests for services are initiated by the End-User once they are submitted to EBI by any ordering method. It is the End-User’s sole responsibility to request and order the desired services/packages on a specific consumer. Since many services are either “instant” or immediately dispatched to researchers, once submitted, the End-User will be charged for those services requested.
- Warranties and Remedies
- End-User understands that because EBI must obtain the information reported in its information products from various third party sources over which EBI has no control, it is provided to End User “AS IS”, and therefore is providing the information to End-User “AS IS.” EBI makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranty of fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, that the information products will meet End-User’s needs, or will be provided on an uninterrupted basis; EBI, likewise, makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranty or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to any of the services it provides either set forth herein or in applicable addenda. EBI expressly disclaims any and all such representations and warranties. Notwithstanding the above, EBI warrants that it will maintain reasonable procedures to ensure maximum accuracy of the information it reports in compliance with the FCRA and similar applicable state and local laws. EBI will accurately transmit the information it receives from the sources of information. Neither party will be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if the other party has been advised of the possibility of such damages.
- EBI shall indemnify, defend and hold End-User harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature, including, without limitation, reasonable attorneys’ fees and costs, which may be incurred by End-User resulting from EBI’s breach of this Agreement and /or any addendum hereto or violation of any applicable law relating to providing its information products or services. However, EBI’s maximum aggregate liability for damages relating to its indemnification obligations or any services provided in this Agreement shall not exceed an amount equal to the price paid by End-User to EBI for the consumer reports at issue except where such liability arises solely from the grossly negligent or willful acts of EBI.
- This “Warranties and Remedies” section pertains to any and all services provided by EBI including, but not limited to, background screening services, drug testing and occupational healthcare services and all other services EBI may provide.
- Either Party shall indemnify and hold the other harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature; including, without limitation, reasonable attorney’s fees, expenses and costs, which may be incurred by the indemnified party resulting from the other’s violation of this Agreement and/or any addendum hereto or the violation of any applicable law regarding the obtaining, use or distribution of information provided by EBI in reports to End-User.
- EBI represents a warrants that it has valid and enforceable intellectual property and other applicable proprietary rights in the devices and systems provided by EBI to End User and that the information furnished by EBI to End User has not been obtained by EBI in violation of the rights of any third party. End User acknowledges that EBI is the owner or authorized licensee of all programs and processes used to provide reports to End User. Nothing in this Agreement transfers any right, interest or ownership to End User in such programs and/or processes. This includes any additions or modifications made to programs and processes to serve End-User.
- Sample Letters and Forms
All documents, forms and notices including compliance documents provided by EBI or available on EBI’s website are considered “Samples” and are not to be considered legal advice or counsel because EBI cannot be aware of how the law will interact with how End User operates its business. These include, but are not limited to: Adverse Action Letters, Disclosure and Authorization Forms, or other documents and forms including “SmartForms.” End-User agrees that it will consult with its own legal or other counsel who is knowledgeable in this area of consumer law regarding the appropriateness and/or use of such documents. End-User accepts sole responsibility for any and all consequences of use and/or dissemination of compliance and other documents provided by EBI.
- Force Majeure
Neither party is responsible for any events or circumstances beyond its control (e.g., including but not limited to war, riots, embargoes, strikes, interruptions in communications and/or Acts of God) that prevent either party from meeting its obligations under this Agreement.
- Independent Contractor
The parties agree that the relationship of the parties created by this Agreement is that of independent contractor and not that of employer/employee, principal/agent, partnership, joint venture or representative of the other. Except as authorized hereunder, neither party shall represent to third parties that it is the employer, employee, principal, agent, joint venture or partner with, or representative of the other party. Further, no benefit is intended to be provided to any third party from any provision of this Agreement, as it is entered into for the sole benefit of the Parties hereto.
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 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.
If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable.
The headings in this Agreement are for convenience and are not to be used to interpret this Agreement. Further the singular shall include the plural and vice-versa. Any reference to gender shall be construed to include both genders. The rights or obligations of the Parties which by their nature, or expressly provided, extend beyond the termination of this Agreement shall survive the expiration or earlier termination of this Agreement.
This Agreement and any addenda to this Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one agreement. A signature on a copy of this Agreement received by either party by facsimile is binding upon the other party as an original. The parties shall treat a photocopy of such facsimile as a duplicate original. The individuals signing below represent that they are duly authorized to do so.
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