Terms and Conditions

USES - Background check information can only be purchased through #1 Background Checks for pre-employment screening and/or tenant screening purposes with the applicant's full knowledge and authorization of such background checks. Client acknowledges that a signed release is on file for any background check provided.

1. The employer will provide disclosure to the applicant/employee before procuring a background report.
2. The employer will obtain written authorization from the applicant/employee before procuring a background report.
3. The employer will not use the information in the background report in violation of any federal or state equal opportunity laws.
4. The employer will use the background report only for a permissible purpose.
5. The employer will follow adverse action procedures if a negative employment action is considered.
6. The employer has received a copy of Notice to Users of Consumer Reports: Obligations of Users under the FCRA.
7. The employer shall use the consumer report for employment purpose only for a one-time use, and shall hold the report in strict confidence, and not disclose it to any other parties not involved in the current employment decision.
8. Employer will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.
9. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, or a material change in existing legal requirements, which adversely affects this Agreement, our organization may, upon its election, discontinue serving the employer and cancel this Agreement immediately.

RELATIONSHIP OF THE PARTIES - #1 Background Checks shall at all times remain an independent contractor and shall have exclusive control of its employees and subcontractors.

PAYMENTS - Per transaction fees for background research services are set forth herein do not include applicable taxes. Such taxes will be added to the charges for Services. All Payments shall be due and payable upon background check initiation via credit card unless other arrangements have been made.

WARRANTIES - #1 Background Checks agrees to perform Services in a professional manner. Pursuant to #1 Background Checks' disclosure of personal and/or employment/tenant information, and/or a report(s) regarding the accuracy of written information provided by the employment candidate(s) and/or tenant(s), the parties agree that no representations or warrantees, express or implied, are made as to moral character, professional reputation, abilities or qualifications of employment candidates. #1 Background Checks is not responsible for the integrity of the data used, generated, or supplied by the Client and its affiliates. Client acknowledges that information provided by #1 Background Checks is subject to the accuracy of the data sources from which the information is compiled. Research data is acquired from the most current information sources available at the time, and no results can be guaranteed.

LIMITATION OF LIABILITY/REMEDIES - The liability of #1 Background Checks for direct damages arising hereunder, whether in contract, tort or liability, shall not exceed, in the aggregate, the total of sums paid by Client to #1 Background Checks during the Term of the Background Research Services Agreement. IN NO EVENT SHALL #1 BACKGROUND CHECKS BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE - #1 Background Checks shall be excused from delay in the performance of any obligations hereunder when such delay is the result of or attributable to acts of God, governmental authority, manufacturers delays or any other cause beyond their reasonable control.

INDEMNIFICATION - Client agrees to indemnify and hold the other party harmless from and against any and all third party claims, demands, actions, losses, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or resulting from the client's (or their employees' and agents') actions under this agreement.

CONFIDENTIALITY - Client agrees that any and all information identified by the other as "Confidential" and/or "Proprietary" will not be disclosed to any third party without the express consent of #1 Background Checks.

JURISDICTION - This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

SEVERABILITY AND NO WAIVER - If any provision of this Background Research Services Agreement becomes invalid or unenforceable under any applicable law, then it shall be deemed modified to the extent necessary in order to render such provision valid and enforceable. If such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of the same or any other provision hereof. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ENTIRE AGREEMENT - The parties agree that the terms and conditions contained herein, and the body of this Agreement, supersede all proposals or prior agreements, oral or written, including but not limited to purchase orders, letters of intent and letters of understanding, and all other communications between the parties relating to the subject matter of this Agreement. Furthermore, any modification of this Agreement shall be in writing and signed by authorized representatives of #1 Background Checks. #1 Background Checks shall proceed with such modification based upon written agreement as to adjustments to price, work description, and/or schedule.

NOTICES - All notices, authorizations, and requests in connection with this Agreement shall be addressed as follows: #1 Background Checks · 25 Highland Park Village, Suite# 100-564 · Dallas, Texas 75205.