Full Membership Service Agreement with StafTrack, Inc. |
Staftrack, Inc. and ______________________ ("Member") enter into this agreement for |
services on ____________, 20 ___. "StafTrack" and "Member" shall include within |
each term as used herein, the agents, representatives, and employees of each respective |
entity. |
1. StafTrack agrees to provide the Member access to all services now provided, and |
additional services that may be offered in the future, under the terms and conditions of |
this agreement. Generally speaking, these services will include providing to the |
Member, at the Member's request, the following information with regard to specific |
individuals: |
(a.) Motor vehicle records | (e.) Insurance claims reports |
(b.) Employment history | (f.) Credit Reports |
(c.) Criminal record background | (g.) Education background |
(d.) Driver performance information |
2. The reports provided with this service are for the sole use of the Member and may |
not be resold, sublicensed, or revised in any way without the express written consent |
of StafTrack. Member warrants that any requests made for reports are requested |
only for establishing a person's eligibility for new or continued insurance, licensing, |
employment screening, or otherwise in with a legitimate business need in connection |
with a business transaction involving the consumer. Member further warrants that |
they have complied with all provisions of the Fair Credit Act, Privacy Act, or any |
other applicable State or Federal laws and that signed releases (where required) are |
maintained on file in the Member's office. |
3. The Member agrees to keep all information provided by StafTrack absolutely |
confidential, except as required by law. Further, except as provided by law, all |
information provided the Member by StafTrack will not be revealed to the person |
on which the information was requested or to any other person or entity. All |
information will be requested for use by the Member only, and the Member |
agrees not to request any information on on behalf of anyone not directly |
connected with the Member. The Member further agrees to the following. |
1.) When using the information for employment purposes, the Member will |
(a.) Disclose to the applicant that a consumer report will be ordered. |
(b.) Obtain written consent before ordering any reports. |
(c.) Show the applicant any reports that may cause the Member to deny |
the job or take adverse action before you take that action. |
(d.) Provide the applicant with the "summary of rights" notice. |
(e.) Not violate any applicable Federal or State equal employment |
opportunity law or regulations. |
2.) When refusing to hire someone based in whole or in part based on information |
provided by StafTrack, the Member will: |
(a.) Notify the applicant of the "adverse action" |
(b.) Provide the applicant the information or use our Failure to Hire |
Notification letter |
(c.) Notify the applicant of his right to obtain a free disclosure within 60 days |
and to dispute the record(s) |
4. Staftrack agrees to keep all information obtained on behalf of member strictly confidential except |
where otherwise required by law or described and provided in paragraph 5 PERFORMANCE |
HISTORIES. |
5. PERFORMANCE HISTORIES: Member may furnish a performance history on each |
of its terminated employees on a form supplied by StafTrack for storage by StafTrack |
in its file system. StafTrack agrees to store termination information records provided |
by a Member in the file system for retrieval by Member and others, subject to the terms |
established by StafTrack. StafTrack agrees to give the Member a service credit |
for each termination record furnished by the Member and used by StafTrack to |
service other members. It is understood that termination records are the property of |
the Member and that StafTrack's responsibility is solely that of custodian. |
6. The Member agrees to indemnify and hold harmless StafTrack, its affiliated companies, |
others from whom StafTrack may obtain information on behalf of the Member, and their |
officers, directors, employees, and shareholders from any and all damages and losses, |
claimed by the Member or any third party, which result from or arise out of incorrect |
data or information provided by the Member, or the use, misuse, or misappropriation of |
the information provided to the Member by StafTrack. This convenient shall survive the |
end of the relationship between the Member and StafTrack. |
7. The Member further agrees to provide StafTrack in a timely manner such requests for |
disclosure and/or such informational releases as are necessary in the sole discretion . |
and opinion of StafTrack |
8. Douglas W. Johnston hereby grants to customer, for the term hereof, a personal, |
nontransferable, nonassignable and nonexclusive limited license to use 1 copy of the |
object code to Info Tracker and Mvr Tracker report processing programs. The |
software will be used solely for the purpose of processing customer's reports pursuant to |
this agreement. All right, title and interest in the Software shall at all times be owned by |
and be the property of Douglas W. Johnston the author of the programs. Customer shall |
not sell, assign, pledge, lease, transfer, license, sublicense or in any way encumber the |
software or this agreement. |
9. Member acknowledges that the Software embodies unique, confidential and secret |
technological information and is the trade secret and confidential proprietary property |
of Douglas W. Johnston. Member promises and agrees not to disclose or otherwise |
make the Software available to any person other than employees of Member required |
to have such knowledge for normal use of the Software. Upon termination of this |
agreement, Member shall not use the Software and shall return the original and all |
copies of the Software within 30 days after such termination. Time is of the essence |
in return of the Software. |
10. The Member agrees to provide to Staftrack in a timely manner such requests for |
disclosure and/or such informational releases as are necessary and required in accord |
with the FCRA (Fair Credit Reporting Act) the DPPA (Driver Privacy Protection Act) |
the GLB (Gramm Leach Blyley Act) and the IRSG(Industrial Reference Service Group) |
in the sole discretion and opinion of Staftrack. |
11. The Member agrees to pay for the services provided and for information obtained from |
StafTrack in accord with the published fee schedule of StafTrack. All rates are subject |
to change at any time and become effective during the billing period following |
notification. StafTrack agrees to provide 30 days written notice of any price changes |
except in the vent StafTrack would suffer unreasonable loss by not adjusting prices |
to make prompt before the 30 day limit. StafTrack will invoice the Member monthly. |
The Member agrees payment of all invoices within (15) fifteen days of the date of any |
invoice. Failure to pay the entire balance of any invoice due StafTrack by the Member |
within (15) fifteen days of date of invoice will result in a later charge of 1-1/2% per |
month on any unpaid balance. |
12. This agreement may be terminated by Member at any time with 20 days written notice. |
Member agrees, however, to pay promptly and timely any and all sums due and payable |
to StafTrack. StafTrack agrees to provide the Member with 30 days notice of |
termination or amendment of any and all services except in the event StafTrack would |
suffer unreasonable loss by not discontinuing or amending such services. |
13. Communication between StafTrack and Member shall be to the addresses and |
telephone numbers affixed to this agreement unless otherwise stated in writing to the |
other party. |
14. This agreement is the entire agreement between StafTrack and the Member. This |
agreement is not transferable by either StafTrack of the Member without advance |
written consent by the nontransferring party. |
15. This agreement is subject to and intended to comply with any and all state and federal |
laws and regulations. No modification of this agreement shall be effective unless it is |
in writing and signed by both StafTrack and the Member or by their authorized agents. |
16. If any paragraph, part, term, or provision of this agreement shall be held void, illegal, |
unenforceable, or in conflict with any law or of a federal, state, or local government, |
having jurisdiction over this agreement, the validity of the remaining portions of |
provisions shall not be affected thereby. |
17. This agreement is governed by the laws of the State of Florida. Any action to enforce |
or interpret this agreement must be brought in Clearwater, Pinellas County, Florida, |
and the prevailing party in any such action shall be entitled to recover attorney's fees, |
including such fees incurred on appeal. |
18. Signature Guaranty _____(Initial here and Authorized Signature Below in |
consideration of the services provided or to be provided by Staftrack, Inc. |
to the Member hereby jointly and severally guarantee the payment of all |
amounts now due or which hereafter become due to Staftrack by the Member |
and further Guarantee the full performance by the Member of its obligations |
to Staftrack, Inc. under the Service Agreement). |
19. Initial the form of security you wish to use to establish your account. |
1) Deposit based on estimated use ______ |
2) Credit Card Debit _____ (Initial here and complete Late Invoice Debit on |
Payment Authorization Form) |
3) Credit Card Debit _____ (Initial here and complete AutoDebit on |
Payment Authorization Form) |
_________________________________ Member's or Co. Name _________________________________ Address _________________________________ City, State and Zip _________________________________ Federal ID or Social Security Number Authorized Agent (Print or Type) __________________________ Authorized Signature (Title) __________________
_____________ |
StafTrack, Inc. PO Box 1133 Largo, Florida 33779 Phone (727) 581-3603 Fax (727) 581-3725 ______________________________ |
PRINT
THE FOLLOWING DOCUMENTS TO OPEN ACCOUNT. |
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1. Agreement 2. Affidavit of Intended Use 3. Credit Reference Form |
Copyright Douglas W. Johnston
Last revised: July 04, 2013