Service Agreement
Service Agreement
Phone: 928-279-2260
Fax: 928-692-0032
The agreement below between:
Last Name: _______________________________ First Name: _______________________ MI: ____
Physical Address: ___________________________________________________________________
City: _____________________________________________________ State: ____ Zip: _________
Phone: (___) ______________
Email: ____________________________________________________________________________
hereinafter referred to as “the Client” and In-State Investigations hereinafter referred to as “II” is dated as of this ______ day of ____________________, 20____.
1. II shall furnish to the Client on request: background and other related research reports, which may include, but are not limited to: Criminal Background History, Motor Vehicle Report Driving History), Social Security Number Verification, Surveillance Reports, Employment Verification, Bankruptcies, Bank Account Information, Education Verification, Professional License Verification, and or Physiological Fluid Testing Results. The Client agrees that all reports will be submitted and received subject to the conditions of this Agreement.
2. Written reports will be delivered via (choose one):
____ U.S. Mail
____ Facsimile
____ Email
3. The Client will keep and maintain all reports strictly CONFIDENTIAL. Except as required by law, no information from reports will be revealed to any entity unless written consent is received from the Client.
4. The Client will comply with all provisions of Federal, State, and Local laws and regulations pertaining to the use of criminal conviction histories and/or Bank Account Information, and adhere to the Privacy Act. II assumes that all information sold to the Client will be used for lawful purposes only and the Client acknowledges that it has represented such to II.
5. II will provide complete (to the extent possible) and accurate reports pursuant to this Agreement.
The Client acknowledges that information contained in such reports is obtained from public records, non-proprietary services and through observation or perception which may require the exercise of judgment by the investigator. Client further releases II, its officers, employees, affiliated companies and any companies, agencies or individuals from which II obtains information included in a report, from the liability arising or alleged to arise directly or indirectly from any negligent acts, errors, or omissions, by any of the providers of information or by II in connection with the preparation of any reports, video or audio tapes, transcriptions, interviews, or any other work product written or verbal.
6. Client fully understands and asserts that no representations have been made by II to Client as to
the ultimate success of the investigation and that Client shall pay all fees for investigative services performed regardless of the success of the investigation.
7. Client will not advise subject of the investigation. Further, Client will not initiate contact with the subject of the investigation unless agreed upon by both parties. Client understands and agrees that neither the Client nor any of the Client’s representatives will be present at any surveillance location when surveillance is in progress. Client acknowledges that doing so could place the investigation in jeopardy and compromise the safety of the investigator(s). Client agrees that if this clause is violated, II will immediately terminate the investigation and all used and unused retainers will be forfeited with no refund.
8. Name similarities may be included in the report due to lack of sufficient information to verify that the individual is the subject of research. II draws no conclusions, represents, nor expresses any opinions regarding the information contained in the report.
9. By requesting and receiving Reports, the Client agrees to indemnify and hold harmless II and its directors, officers, and employees from any and all claims, liabilities, expenses, fees including attorney fees, costs, and judgments arising from Client’s use or possession of the information furnished in said reports.
10. The Client agrees to reimburse II for all fees (including attorney’s fees) to collect any past due amounts from Client. Client also agrees that the Place of Venue for any and all legal disputes will be Mohave County, Arizona.
11. The Client fully understands and agrees that all information provided to II by the Client will be true and correct to the best of their knowledge. This includes but is not limited to the Client’s predication of the request for the investigation or services. Certain investigations are allowed within permissible guidelines, and although IImakes every effort to verify and validate that all requests are compliant, II relies heavily on the information supplied by the Client in the consultation phase. If the Client fails to abide by the provisions of this paragraph, the investigation will terminate and all retainers and fees paid for any work completed or in progress, will be forfeited.
12. Any unused retainer will be requested by the Client in writing within thirty (30) days after the completion or termination of any investigation, or thirty (30) days from the date of last activity by
II, regarding an investigation for Client. Thereafter, all funds will be forfeited.
a. In the case that the Client has retained II’s services to annoy, stalk, or otherwise harass the subject of the investigation, II may contact the subject of the investigation as well as any local, state, or federal law enforcement agencies with jurisdiction.
b. Regarding cases where the Client is billed after the completion of the investigation (including balance due for additional work) and fails to pay, Arizona Revised Statute 13-1802 (A)(6) applies, to wit:
“A person commits theft if, without lawful authority, the person knowingly obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so.”
c. The failure to pay for services rendered by II to the Client will result in the filing of criminal charges in the appropriate jurisdiction. All investigation, case preparation time, database fees, research, hourly rates, and late fees incurred during the course of filing the charges, will be added on to the total of the outstanding invoice.
d. II may also choose to recover all funds due, late fees, attorney fees, and preparation fees in a Civil Court of Law in the jurisdiction of Mohave County, Arizona, with any judgments received being filed in the Client’s jurisdiction.
I have read and agree to the terms and conditions set forth in this Service Agreement.
_________________________________________________
(Client Printed Name)
_________________________________________________
(Signature)
(By signing, I authorize that a photocopy or facsimile of this form serves as the original)