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Master Service Agreement

THIS MASTER SERVICES AGREEMENT (“Agreement”) is being entered into as of the date clicked by client to purchase the Services (the “Effective Date”), by and between “CLIENT,” and ACCOMPLICENTER CONSULTING SERVICES, (“ACCOMPLICENTER”).   CLIENT and ACCOMPLICENTER are at times referred to individually as a “Party” and jointly as the “Parties.” RECITALS WHEREAS, CLIENT desires to engage ACCOMPLICENTER, and ACCOMPLICENTER has agreed to be engaged by CLIENT, to provide the services set forth on Exhibit “A” attached hereto and incorporated by reference (“Services”); and, WHEREAS, the Services to be performed by ACCOMPLICENTER for and on behalf of the CLIENT relate to the services which are outlined and described on Exhibit “A,” which description is incorporated by reference (the “Services”). AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises, representations, conditions, and covenants, the Parties hereby agree as follows:
  1. RECITALS. The Recitals set forth above are hereby incorporated by reference into this Agreement, as if fully set forth herein.
  2. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined shall have the following meanings:
(a) “CLIENT Documents and Materials” shall refer to all documents or other media, whether tangible or intangible, that contain or embody Proprietary Information, as defined below, or any other information concerning the business, operations or plans of the CLIENT, whether such documents or media have been prepared by CLIENT, or by others on behalf of the CLIENT. CLIENT Documents and Materials include, but are not limited to, blueprints, drawings,  photographs, charts, graphs, notebooks, tests, test results, experiments, customer lists, computer disks, tapes or printouts, sound recordings and other printed, electronic, typewritten or handwritten documents or information, sample products, prototypes and models.  (b) “Inventions” means, without limitation, all software programs or subroutines, source or object code, algorithms, improvements, inventions, works of authorship, trade secrets, technology, designs, formulas, ideas, processes, techniques, know-how and data, whether or not patentable or copyrightable, made or discovered or conceived or reduced to practice or developed by ACCOMPLICENTER, either alone or jointly with others that relates to the Services and is discovered or conceived or reduced to practice or developed by ACCOMPLICENTER in the Performance of the Services. (c) “Proprietary Information” means information relating to the Services which is developed or created,  on behalf of the CLIENT, or which became or will become known to, or was or is conveyed to the CLIENT pursuant to this Agreement, which has commercial value in CLIENT’s business, whether or not patentable or copyrightable, including, without limitation Propriety Information will also include any information provided by CLIENT to ACCOMPLICENTER relating to: (i) customer lists; (ii) terms of compensation and performance levels of the CLIENT’s employees and consultants; (iii) CLIENT’s customers; (iv) other information concerning the CLIENT’s actual or anticipated business, research or development: or (v) information which is received in confidence by or for the CLIENT from any other person or entity by ACCOMPLICENTER which is marked “Confidential.” However, Proprietary Information does not apply to any information known to ACCOMPLICENTER prior to the signing of this Agreement or which is common knowledge or otherwise published by CLIENT. (d) “Services” means those Services as set forth on Exhibit “A,” to be performed by ACCOMPLICENTER for and on behalf of the CLIENT. (e) “Deliverables” means all work product and related materials prepared and developed by ACCOMPLICENTER in connection to the Services provided under this Agreement.
  1. SERVICES. ACCOMPLICENTER shall use commercially reasonable efforts, and devote sufficient time, attention and provide qualified personnel, to perform the Services, in accordance with the fee schedule set forth on Exhibit “A.”   CLIENT further agrees to be bound by the terms of service related to any background checks requested by CLIENT as set forth in Exhibit “B.”
  2. COMPENSATION
(A) CLIENT SHALL pay ACCOMPLICENTER for the Services to be performed under this Agreement the compensation set forth on Exhibit “A,” including any hourly cost for labor performed as part of the Services (the “Labor Costs”).  (B) In addition, the CLIENT will reimburse ACCOMPLICENTER for all reasonable, documented and actual expenses, including, without limitation, actual travel expenses (airfare, hotel, rental car, meals, parking, etc.) incurred by ACCOMPLICENTER in connection with its performance of the Services. 
  1. TERM. The term of this Agreement shall commence on the Effective Date and continue until the earlier of: (i) ACCOMPLICENTER’s completion of the Services; (ii) termination by either Party, for any reason, upon giving not less than thirty (30) days’ notice to the other Party (“Days” or “days” shall mean calendar days throughout this Agreement unless specifically defined otherwise); (iii) immediately upon a material breach of this Agreement by a Party, if such breach is not cured within ten (10) days following notice of such breach; (iv) by ACCOMPLICENTER in the event that payment is not received within ten (10) days of an invoice being due and payable by CLIENT; or (v) the dissolution, voluntary or involuntary bankruptcy of either Party, or assignment by either Party of all or substantially all of its assets for the benefit of creditors. Notwithstanding the termination of this Agreement, any liability or obligation of either Party which may have accrued prior to such termination, shall continue in full force and effect, including but not limited to the rights and obligations of the Parties under Sections 4, 5 (a), 6, 7, 8, 11, 13, and 21 of this Agreement.
HR Subscriptions are always paid month-to-month.  Customers with a Full Coverage (12 month) or Premium (36 month) HR Subscription who wish to cancel their subscription and switch to a Basic Subscription may do so at any time, provided they pay the $495 setup fee which is waived with a Full Coverage (12 month) or Premium (36 month) HR Subscription.  This fee will be pro-rated based on the number of months already elapsed. For example, a Full Coverage Subscription member wishing to switch to a Basic Subscription after 6 months would need to pay a $247.50 setup fee. The Basic Subscription may be cancelled at any time and for any reason at no charge. Return of materials after the cancellation of a subscription (for example, the custom Employee Manual) is not required.  Updates to any materials provided pursuant to a subscription (for example, the Employee Policy and Procedure Manual), even those required by changes in the law, will not be provided following cancellation.  Access to the most up-to-date training materials will also be closed following cancellation. The date of cancellation will be effective at the end of the paid for period following notice of cancellation.  No further subscription charges will be made following notice of cancellation. The Basic Subscription may be cancelled at any time and for any reason at no charge. The date of cancellation will be effective at the end of the paid for period following notice of cancellation.  No further subscription charges will be made following your notice of cancellation. (a) Cancelation Fee – Not for HR Subscriptions. Given the nature of the Services, CLIENT acknowledges that ACCOMPLICENTER will be making an initial investment of time, effort and funds in order to begin to provide the Services. If CLIENT terminates this Agreement, CLIENT will pay to ACCOMPLICENTER a Cancelation Fee as set forth on Exhibit “A”.  
  1. CONFIDENTIALITY OF PROPRIETARY INFORMATION.
(a) Nature of Information. ACCOMPLICENTER acknowledges that the CLIENT possesses and will possess Proprietary Information which is important to its business. ACCOMPLICENTER further acknowledges that ACCOMPLICENTER’s engagement creates a relationship of confidence and trust between the CLIENT and ACCOMPLICENTER in several respects, including Proprietary Information. 
  1. b) Property of the CLIENT. All of CLIENT Documents and Materials, all of CLIENT’s Proprietary Information and all patents, patent rights, copyrights, CLIENT trade secret, CLIENT trademarks and other CLIENT intellectual property rights, are and shall be the sole property of the CLIENT. ACCOMPLICENTER assigns to the CLIENT any and all rights, title and interest ACCOMPLICENTER may acquire in any such CLIENT Proprietary Information or CLIENT Documents and Materials, in performing the Services, to the CLIENT.
(c) Confidentiality. At all times, except as may be necessary in performing the Services, both during the term of ACCOMPLICENTER’s engagement by the CLIENT and after ACCOMPLICENTER’s termination, ACCOMPLICENTER shall not use or disclose any Proprietary Information or anything relating to it without the prior written consent of the CLIENT. (d) Compelled Disclosure. In the event that ACCOMPLICENTER is requested in any legal proceeding to disclose any Proprietary Information, ACCOMPLICENTER shall give the CLIENT prompt notice of such request so that the CLIENT may seek an appropriate protective order. If, in the absence of a protective order, if ACCOMPLICENTER is compelled by any Court of competent jurisdiction to disclose such Proprietary Information, ACCOMPLICENTER may disclose such information without liability. (e) Records. ACCOMPLICENTER agrees to make and maintain adequate and current written records, of all the Services performed. (f) Handling of the CLIENT Documents and Materials. ACCOMPLICENTER immediately upon termination of this Agreement, or if so requested by the CLIENT, will return all CLIENT Documents and Materials.
  1. ARRANGEMENT NON-EXCLUSIVE. Except for the restrictions set forth above in this Agreement, this is not an exclusive agreement and ACCOMPLICENTER is not restricted from providing similar services for any other existing or potential customer. 
  2. INDEPENDENT CONTRACTOR. The Parties acknowledge that ACCOMPLICENTER shall, at all times, be acting and performing as an independent contractor. Nothing in this Agreement is intended to create an employer/employee relationship or a joint venture relationship between the Parties. ACCOMPLICENTER is not eligible for any compensation, fringe benefits, pension, workers’ compensation, sickness or health insurance benefits, or other similar benefits accorded employees of the CLIENT. CLIENT will not withhold any sums for income tax, unemployment insurance, social security, or any other withholding pursuant to any law or requirement of any governmental body on behalf of ACCOMPLICENTER. ACCOMPLICENTER acknowledges that the CLIENT has no obligation under local, state, or federal laws regarding ACCOMPLICENTER and that the total commitment and liability of the CLIENT in regard to any arrangement with, or work performed by, ACCOMPLICENTER hereunder is to compensate ACCOMPLICENTER as set forth in Section 4 hereof.
  3. MAINTENANCE OF RECORDS. During the term of this Agreement and for five (5) years after the completion of the Services, ACCOMPLICENTER shall make available, upon written request of the CLIENT or its designee, any records maintained by ACCOMPLICENTER regarding any of the Services performed hereunder by ACCOMPLICENTER.
  4. LIABILITY LIMITATION. Without limiting any other provisions hereunder, under no circumstances shall either party be liable to the other party with respect to this Agreement for any consequential, indirect, exemplary, special or incidental damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise. Each party’s liability for any other cause of action will be limited to the amount of the Deposit as set forth on Exhibit “A”, even if ACCOMPLICENTER has been advised of the possibility of such damages.
  5. INJUNCTIVE RELIEF. Both Parties acknowledge that breach of any of the provisions of this Agreement could cause the other party irreparable injury for which no adequate remedy at law exists. Accordingly, each party shall have the right, in addition to any other rights it may have, and by executing this Agreement each party hereby consents, to the entry in any court having jurisdiction of a temporary or permanent restraining order or injunction restraining or enjoining the other party from any violation of this Agreement. 
  6. NO ASSIGNMENT. This Agreement may not be assigned by either Party without the written consent of the other party.
  7. SEVERABILITY/CONFLICT OF TERMS. If one or more provisions of this Agreement are held to be unenforceable by a Court of competent jurisdiction, then such provisions shall be excluded from this Agreement and the balance of the Agreement shall remain in full force and effect. In the event of any inconsistency between this Agreement,  and/or Exhibit A, the terms of this Agreement shall govern and control.
  8. BINDING EFFECT. This Agreement and the ancillary agreements shall inure to the benefit of and are binding upon, the Parties and their respective successors and permitted assigns.
  9. AMENDMENT. This Agreement may only be amended in writing signed by both Parties.
  10. NOTICE. All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on date of delivery, if delivered personally, or on the date delivered if by overnight mail, or certified mail, postage pre-paid, if sent pre-paid and addressed as follows:
If to ACCOMPLICENTER:  Attn: John Hamilton  3217 Carson Street Lakewood, CA 90712 If to CLIENT:  Attn: [Name] [Address] A Party may change its address by providing notice to the other Party.  This notice shall most commonly occur by updating CLIENT contact information at www.accomplicenter.com, but may also occur in writing by delivery as described in this section.  
  1. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including, but not limited to, the validity and enforceability of this Agreement under all Federal and State Laws or otherwise, will be settled by binding arbitration in accordance with the appropriate Rules of the Judicial Arbitration and Mediation Services (JAMS), and judgment upon the award rendered may be entered in any court having jurisdiction thereof. Any such arbitration award will be binding on the Parties. Such arbitration will be conducted before JAMS in Orange County, California. The Parties may seek or obtain any provisional remedy, including, but not limited to, prejudgment attachment and injunctive relief, in a court of competent jurisdiction without waiving the right to arbitration. Within ten (10) days of the service of a claim or demand for arbitration by a Party upon the other Party, the Parties will select from JAMS a mutual arbitrator to hear this matter. If the Parties are unable to select a mutually acceptable arbitrator, then each Party will designate in writing and appoint one arbitrator from JAMS and these two arbitrators will then select a third arbitrator from JAMS, who will then serve as the sole arbitrator in this matter. Each Party will pay their or its own party-appointed arbitrator fees and expenses in connection with the arbitration, subject to recovery by the prevailing Party, as set forth in Paragraph 20 below. The Parties acknowledge that they are willing to have the third arbitrator paid at his or her normal hourly rate, which cost is to be split between the Parties. The arbitrators will be required to decide all matters in accordance with the applicable law and in accordance with the provisions of this Agreement.
  2. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any and all other written or oral agreements between the Parties with respect to the subject matter of this Agreement.
  3. GOVERNING LAW AND CONSENT TO JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflicts of laws. The Parties hereto irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange, State of California for the purpose of any suit, action, proceeding or judgment relating to or arising out of this Agreement and the transactions contemplated hereby. The above provision in no ways affects the provisions of Section 19 pertaining to Arbitration.
  4. ATTORNEY’S FEES. If any action is necessary to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all of its costs, including all attorney fees and court costs.
  5. COUNTERPARTS. This Agreement may be executed in one or more counterparts with either an original or facsimile or pdf signature considered to be an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the CLIENT and ACCOMPLICENTER have made this Agreement effective as of the Effective Date. ACCOMPLICENTER:  By:_____________________ Name: _____________________________ Title: _____________________________ THE CLIENT: By: ______________________________ Name: ____________________________ Title: ______________________________ EXHIBIT A  Pricing Services and Payment Terms
Service Price
ADA Compliant Job Descriptions $99 each
Custom Employee Manuals $695, Free with 12-month or longer subscription
Custom Staff Training Call for quote.  Typical pricing is $1500 per hour of completed training material desired, including Facilitator Guide, Student Guide, and presentation slides.  
Employment Investigations $225 per hour, Summary Report included
Executive Search $500, plus 20% of hired candidate’s annual salary as determined by separate scope of work
HR Consulting per hour $125 per hour
HR Subscription 1 to 7 employees $249/month $495 setup (waived with 12-month or longer subscription )
HR Subscription 8 to 14 employees $299/month $495 setup (waived with 12-month or longer subscription )
HR Subscription 15 to 30 employees $399/month $495 setup (waived with 12-month or longer subscription )
HR Subscription 31 to 50 employees $649/month $495 setup (waived with 12-month or longer subscription )
HR Subscription 51 to 74 employees $999/month $495 setup (waived with 12-month or longer subscription )
HR Subscription 75+ employees Call for quote.  Depends on type of company and scope of work.  
Management Competency Testing $250 per exam
Pre- and Post-hire testing Call for quote, depends on type and scope of testing
Resume Writing $175 per resume, includes three versions
Cancellation Fee – Not for HR Subscriptions The greater of $250 or 20% of the remaining balance owing for the contracted work.  This amount not to exceed the full amount owed.  
Professional Resume Review $40 per resume
Anti-harassment training at AccompliCenter $295 per session “supervisor version” (6 trainees max), $195 per session “employee version” (6 trainees max)
Anti-harassment training at CLIENT location $595 per session “supervisor version” (max trainees limited by the size of the facility provided by CLIENT), $395 per session “employee version” ( max trainees limited by the size of the facility provided by CLIENT )
Injury and Illness Prevention Program (IIPP) $175 for the basic edition. Call for quote on custom programs.  
INITIAL DEPOSIT CLIENT will pay an initial deposit to ACCOMPLICENTER in the amount specified and agreed to in a separate scope of work. PAYMENT TERMS This is a time and materials contract unless otherwise specified in the statement of work. Monthly invoices will be provided for service provided. Payment must be received within fifteen (15) calendar days of  invoice date. CANCELLATION FEE CLIENT will pay to ACCOMPLICENTER a cancellation fee equivalent to the deposit, as specified in each statement of work, if the project is cancelled as per Section 5a of this contract. LATE PAYMENT PENALTY A late payment penalty will be imposed following any payments that are deemed late as per payment terms section above. An interest penalty of one and a half percent per month (1.5%/mo) of the invoice amount will be claimed from the client’s deposit. If there are further occurrences, full payment will be claimed directly from the client’s deposit. If the deposit must be consumed in response to a late payment, the client will be responsible to replenish the claimed deposit amount prior to recommencement of work. Exhibit B This Screening Policy ("Policy") governs all background screening services ("Screening Services") provided by HAMILTN HR  ("we", "us", "our", "ACCOMPLICENTER"), and is incorporated as Additional Service Terms into the Master Service Agreement. You ("you", your") must agree to the terms outlined in this Policy before you use the Screening Services. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE ACCOMPLICENTER SCREENING SERVICES.
  1. General Terms
1.1 Our Services ACCOMPLICENTER is  a "consumer reporting agency" ("CRA") as that term is defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the "FCRA") and applicable state law, and any report provided to you by ACCOMPLICENTER for a permissible purpose under the FCRA is a "consumer report" and/or "investigative consumer report" as defined under that law ("Screening Report"). References to a consumer report or Screening Report refers to the entire Screening Report, as well as any and all specific information contained in such Screening Report. The FCRA imposes criminal penalties against anyone who knowingly and wilfully obtains information on a consumer from a consumer reporting agency under false pretenses, including a fine, up to two years in prison, or both, pursuant to Section 1681q of the FCRA. 1.2 Information Security Requirements Unless you are an individual obtaining your own personal Screening Report, you must abide by the following information security requirements with regard to the Screening Reports you obtain from ACCOMPLICENTER: Implement appropriate physical, logical, and procedural security controls to ensure that only authorized individuals with a legitimate business need can access any Screening Reports you obtain. Only access Screening Reports from authorized devices that are secured with a password or passcode. Public or shared computers may not be used to access Screening Reports. Ensure that physical copies of Screening Reports are securely shredded or otherwise destroyed once they are no longer needed and applicable data retention requirements permit destruction, such that the document cannot be practically read or reconstructed. Ensure that digital copies of Screening Reports are securely deleted once they are no longer needed and applicable data retention requirements permit destruction, and that electronic devices used to store digital copies of Screening Reports are securely erased, overwritten, or scrambled such that the deleted files cannot be practically read or recovered. 1.3 Additional Disclosures If you reside in, or are seeking work in any of the following states, please review these additional notices: California: You have the right to view your file that a Consumer Reporting Agency holds. By providing proper identification and duplication cost, you may obtain a copy of this information in person at the Consumer Reporting Agency’s regular business hours and after providing reasonable notice for your request. Additionally, you can make the same request via mail or over request a summary of the file over the phone. The Consumer Reporting Agency can assist you in understanding your file, including coded information. You are allowed to have one additional person accompany you so long as they provide proper identification. Maine: You have the right to ask and know whether a company ordered a background check on you. You can request the name, address, and telephone number of the nearest Consumer Reporting Agency office. Your request will be processed and sent to you in 5 business days. Massachusetts: You have the right to obtain a copy of any of your consumer reports that your company has ordered on you by contacting the Consumer Reporting Agency for a free copy. New York: By submitting a written request, you can learn whether a company has run a background check on you. You are allowed to inspect and order a copy of the report by directly contacting the Consumer Reporting Agency. If you have been convicted of one or more criminal offenses, you can request the company to provide a written statement declaring the reasons for the refusal of hire. This statement must be provided to you within 30 days of your request. Washington State: After submitting a written request and waiting a reasonable amount of time after receiving the disclosure, you have the right to receive a complete and accurate disclosure of the nature and scope of any “investigative” consumer reports requested by an agency. The Washington Fair Credit Reporting Act requires Consumer Reporting Agencies to provide you a summary of your rights and remedies upon request. Any information requested by a company that deals with credit worthiness, credit standing or capacity is justified in order for employers to evaluate whether you present a risk for theft or dishonest behavior for the job you are being considered for.
  1. Employment Screening Policy
2.1 Applicability and Permissible Purpose Section 2 of this Policy applies to any Screening Reports that you obtain for employment purposes, as that term is defined in the FCRA. You certify that: You are obtaining Screening Reports for the legally permissible purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee; and You will not use Screening Reports obtained for employment purposes for any other purpose, regardless of whether or not that purpose is permitted under the FCRA. 2.2 Usage Restrictions and Requirements You acknowledge that when you obtain Screening Reports from ACCOMPLICENTER, you are a "user" of consumer reports under the FCRA and applicable state law ("End User"), and you agree that you are fully responsible for identifying and complying with all End User responsibilities under the law. You shall use the Screening Reports solely as an End User, and may not resell, modify, circulate, or otherwise distribute Screening Reports to third parties. You acknowledge receiving a copy of the document "Notice to Users of Consumer Reports: Obligations of Users Under the Fair Credit Reporting Act" from ACCOMPLICENTER, as well as a a copy of the document A Summary of Your Rights Under The FCRA. When obtaining a Screening Report for employment purposes, you agree to the following requirements: You must base all of your evaluation and eligibility decisions and related actions on your own policies and procedures and not rely on ACCOMPLICENTER for (nor shall ACCOMPLICENTER render) legal advice regarding your employment decisions. You acknowledge that any consultation, training and sample forms which may be provided by ACCOMPLICENTER are provided for informational purposes only, and that ACCOMPLICENTER is not providing legal advice. You further acknowledge that ACCOMPLICENTER advises representatives of business entities to consult experienced counsel to ensure compliant procurement and use of Screening Reports in connection with their particular screening program. You must ensure that prior to obtaining a Screening Report for employment purposes: (i) you have made a clear and conspicuous disclosure in writing to the consumer, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for California Applicants, that the disclosure includes the name, address and telephone number of ACCOMPLICENTER, the nature and scope of the investigation requested, a summary of the provisions of Ca. Civil Code §1786.22, and otherwise complies with Ca. Civil Code §1786.16); and (ii) the consumer has authorized in writing the your procurement of the Screening Report (and for California consumers, you have provided the consumer, by means of a check box, an option by which the consumer may indicate on their written consent form that the consumer wishes to receive a copy of any Screening Report that is prepared). In using a Screening Report for employment purposes, before taking any adverse action based in whole or in part on the Screening Report, you shall provide to the consumer to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the consumer under the FCRA, as prescribed by the Consumer Financial Protection Bureau under FCRA §609(c)(3) (the “Summary of Consumer Rights”), and any other notices required by applicable law. After providing the consumer with the pre-adverse action disclosure described in the above paragraph, and after you have given the consumer reasonable time to dispute the information contained in their Screening Report, you will, if intending to take adverse action, send the consumer a follow-up notification that you are taking adverse action (e.g., denying employment or promotion) based in whole or in part on the information contained in the Screening Report. You agree that as a regulated consumer reporting agency, ACCOMPLICENTER may conduct reasonable periodic audits of your compliance with these Terms. You must keep and maintain for a minimum period of five (5) years all consumer consent forms and pre-adverse and adverse action notices, and you shall, upon reasonable advance notice, during normal business hours, make available to ACCOMPLICENTER such records and other related documentation reasonably requested by ACCOMPLICENTER to ensure compliance. Customer agrees that it will not use consumer information in violation of any state or federal law, including equal employment opportunity laws. 2.3 Vermont Fair Credit Reporting Contract Certification Customer acknowledges that it subscribes to receive various information services from GoodHire in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with Customer’s continued use of GoodHire’s services in relation to Vermont consumers, Customer hereby certifies that it will comply with applicable provisions under Vermont law. In particular, Customer certifies that it will order employment screening Information relating to Vermont residents only after it has received prior consumer consent in accordance with VFCRA § 2480e and applicable Vermont Rules. Customer further certifies that a copy of § 2480e of the Vermont Fair Credit Reporting Statute was received from GoodHire.
  1. Non-Employment Screening Policy
3.1 Applicability and Permissible Purpose Section 3 of this Policy applies to any Screening Reports that you obtain for non-employment purposes. You certify that: You are obtaining Screening Reports for the legally permissible purpose of (i) a legitimate business need in connection with a business transaction initiated by the consumer to whom the report relates, as provided for in 15 U.S.C. § 1681b(a)(3)(F)(i), or (ii) in accordance with the written instructions of the consumer to whom the report relates, as provided for in 15 U.S.C. § 1681b(a)(2) ("non-employment purposes"); You will only use Screening Reports for the particular permissible purpose that you certify, regardless of whether or not any other use is permitted under the FCRA. Prior to obtaining a Screening Report for non-employment purposes, you have received from the consumer clear and specific written instructions to conduct a background investigation of their criminal history and/or other public records, and such written instructions clearly authorize your procurement of a Screening Report; and You will retain the consumer's written authorization in a perceivable form for a period of five (5) years, and will present such documented authorization to ACCOMPLICENTER upon request. 3.2 Usage Restrictions and Requirements You acknowledge that when you obtain Screening Reports from ACCOMPLICENTER, you are a "user" of consumer reports under the FCRA and applicable state law ("End User"), and you agree that you are fully responsible for identifying and complying with all End User responsibilities under the law. You shall use the Screening Reports solely as an End User, and may not resell, modify, circulate, or otherwise distribute Screening Reports to third parties. You acknowledge receiving a copy of the document "Notice to Users of Consumer Reports: Obligations of Users Under the Fair Credit Reporting Act" from ACCOMPLICENTER, as well as a a copy of the document A Summary of Your Rights Under The FCRA. When obtaining a Screening Report for non-employment purposes, you agree to the following requirements: You must base all of your evaluation and eligibility decisions and related actions on your own policies and procedures and not rely on ACCOMPLICENTER for (nor shall ACCOMPLICENTER render) legal advice regarding your eligibility decisions. You acknowledge that any consultation, training and sample forms which may be provided by ACCOMPLICENTER are provided for informational purposes only, and that ACCOMPLICENTER is not providing legal advice. You further acknowledge that ACCOMPLICENTER advises representatives of business entities to consult experienced counsel to ensure compliant procurement and use of Screening Reports in connection with their particular screening program. You will comply with the prescribed adverse action procedures described in Section 1681m of the FCRA, as applicable. This includes, but is not limited to, the requirement that if you take any adverse action with respect to a consumer that is based in whole or in part on any information contained in a Screening Report, you will (i) provide the consumer with a notice of the adverse action that includes the name, address, and telephone number of ACCOMPLICENTER, a statement that ACCOMPLICENTER did not make the decision to take adverse action and is unable to provide information with specific reasons as to why the adverse action was taken, and informs the consumer that they have a right to obtain a free copy of their Screening Report to dispute the accuracy or completeness of the information; and (ii) provide consumers with a copy of any Screening Report used with respect to any adverse action you take against that consumer.
  1. Individual Screening Policy
Section 4 of this Policy only applies to individuals who (i) are obtaining their own Screening Report from ACCOMPLICENTER, and (ii) are not already entitled to a free copy of their Screening Report from ACCOMPLICENTER. 4.1 FCRA Written Instructions You acknowledge that you are providing us with “written instructions” authorizing us to obtain your consumer report pursuant to the Fair Credit Reporting Act (“FCRA”). You further acknowledge that if you utilize our report sharing feature to provide your consumer report with a third party, you are providing additional “written instructions” to us to furnish your report to that party. 4.2 Your Rights Under The FCRA You acknowledge receipt of the document titled A Summary of Your Rights Under The FCRA. You further acknowledge that you have the right to dispute the contents of the consumer report we compile for you, and can do so by submitting a Consumer Dispute Form to disputes@goodhire.com.