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Datasource Client Service Agreement

Terms governing consumer report ordering, permissible purposes under the FCRA, and user compliance obligations.

1. Services to be Provided by Datasource

A. Upon request and relying upon Client’s representations that it has a legitimate purpose for information and that it has complied and will comply with its obligations under applicable law and this agreement’s terms, Datasource will provide background checks, verifications and other consumer reports to the Client when available. Datasource will only furnish a report for a permissible purpose under the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”) and no other purpose.

B. Periodically and upon request, Datasource will provide to Client copies of certifications, consumer consents, notices and summary of rights under the FCRA as well as other forms which Datasource finds helpful in meeting its obligations under the FCRA and other applicable laws. Client acknowledges receipt of the Consumer Financial Protection Bureau’s “A Summary of Your Rights Under the Fair Credit Reporting Act” and “Notice to Users of Consumer Reports.” Any sample documents provided by Datasource to Client are for informational purposes only and do not constitute legal advice. Client is at all times responsible for the legal compliance of all documents that it uses to satisfy its legal obligations, and Client certifies that it has been advised to, and has had the opportunity to, consult with its own legal counsel for advice before using any such documents.

2. Representations of Client when Ordering Reports

A. Client represents that it is an existing business with the legitimate need for verification and reports offered by Datasource. Client specifically represents that reports will only be obtained for its own one time use and that it is the end user of the reports. It will not distribute, sell, give or trade such information with any third party. Notwithstanding the above, Client may share a report, except credit, for joint use as described in Section 2B below. Client will request and use reports for the following permissible purposes listed below.

B. Client may share reports with another entity for joint use subject to the conditions set forth below. According to agency interpretations of the FCRA, end users of consumer reports are allowed to share the consumer report with another entity if the end user and the other entity will use the report for the same transaction and for the same purpose. Examples include: a staffing company sharing a report with its customer with whom the consumer will be placed; a subcontractor sharing reports of its employees with the general contractor or owners of the project on which subcontractor is working. These examples are not exclusive but demonstrate the acceptable “joint use” that is permitted. Prior to sharing a consumer report, Client on behalf of Datasource will determine and verify the identity of the joint user and that such joint user shares the same permissible purpose for use of the consumer report as does Client and the joint user will only use the consumer report for this one transaction with Client and will not use the consumer report for any other purpose. Client shall obtain the consumer’s authorization to share the report with the joint user. This Agreement is a certification by Client that any joint user is a legitimate business and will use the report for the same permissible purpose Client represents to Datasource when ordering the consumer report(s) on the individual consumer or as provided in Section 2 of this Agreement and for no other purpose. Client will need to make sure that the disclosure and authorization discloses and consents to such sharing. Client agrees to indemnify and hold Datasource harmless from any claims, liability or losses asserting that the joint use was improper in any way, violated the FCRA or otherwise, and additionally, if the joint user used the consumer reports for any reason than as represented by Client to Datasource. Such indemnification includes all costs, expenses and reasonable attorney fees incurred by Datasource.

C. Client represents that prior to requesting a report for employment purposes (including contractors, volunteers, and other business individuals), it has:

(i) provided a clear and conspicuous written disclosure to the individual who is the subject of the report, in a document that consists solely of the disclosure, that a consumer report or, as applicable, an investigative consumer report, may be obtained for employment purposes;
(ii) obtained the written consent of the individual allowing the obtaining of the consumer report; and
(iii) provided to the individual a summary of the individual’s rights required under the (“FCRA”) and any notices required by applicable state or local law.

D. Client further certifies that:

(i) it will not utilize any information from a consumer report, or, as applicable, an investigative consumer report, in violation of any federal, state, or local equal employment opportunity law or regulation;
(ii) it will not order criminal record information prior to the time permitted by applicable law, ordinance or regulation commonly referred to as “ban-the-box” restrictions;
(iii) before taking adverse action based in whole or in part on a report furnished by Datasource, it will:
- (a) advise the subject of the intent to take adverse action and provide a copy of the report to the individual;
- (b) provide a description, in writing, of the individual’s rights under the FCRA as provided in the federal government notice entitled “A Summary of Your Rights under the Fair Credit Reporting Act;”
- (c) provide the individual who is the subject of the report a reasonable amount of time to review, consider, and respond to the report and summary of rights prior to taking adverse employment action against the individual; and
- (d) provide any other state or local required notices.
(iv) at the time of taking adverse action based in whole or in part upon information contained in a report furnished by Datasource, it will:
- (a) provide to the individual notice of such action;
- (b) provide to the individual the name, address and telephone number of Datasource and a statement that Datasource did not make the decision to take the adverse action and is unable to provide the individual the specific reasons why the adverse action was taken;
- (c) inform the individual that he/she is entitled to a free copy of the report and a right to dispute the record through Datasource; and
- (d) provide any other state or local required notices.
(v) it will comply with the FCRA and similar state and local laws, in regard to all reports, it will follow the requirements of the Driver Privacy Protection Act, 18 U.S.C. §2721 et seq. (“DPPA”) and the various state laws implementing the DPPA in regard to motor vehicle reports.

E. Client represents that it will only order credit reports if permissible to do so under the laws of the applicable jurisdiction. Client further represents that if it orders credit reports, it will have a policy and procedures in place to investigate any discrepancy in a consumer’s address when notified by the credit bureau that the consumer’s address, as submitted by the Client, substantially varies from the address the credit bureau has on file for that consumer. Further, if Client hires the consumer and in the ordinary course of its business it furnishes information to the credit bureau from which the report came, that it will advise the credit bureau of the address it has verified as accurate if that address is different from the one provided by the credit bureau.

F. Client agrees and represents that each order it places with Datasource operates as a renewed certification of, and agreement to, the certifications it makes in this Section 2 and that the individual user that places the order, to the extent applicable, has Client’s full authority to act and make such renewed certifications on their own behalf as well as on behalf of Client. Client will maintain documentation showing compliance with these certifications for a period of six (6) years or during the employment of the subject, whichever is longer.

3. Compliance with Applicable Law

A. Client agrees to comply with all federal, state and local statutes, regulations and rules applicable to the acquisition and/or use of background screening information, including, but not limited to, the FCRA. The laws relating to the furnishing and use of information are subject to change. It is the responsibility of Client to become knowledgeable in such laws and to comply with them. The failure to comply with the then current applicable law may result in a breach of this agreement, termination of service, civil and criminal liability. Datasource does not undertake any obligation to advise Client of its legal obligations.

B. Datasource does not act as legal counsel for Client. Client is solely responsible for retaining counsel to advise it regarding procurement and use of consumer reports; compliance with the FCRA, the DPPA and other applicable federal, state and local laws; and development of an appropriate screening program for Client’s use of consumer reports. Client agrees that any sample documents provided by Datasource to Client are for informational purposes only and do not constitute legal advice. Client is at all times responsible for the legal compliance of all documents that it uses to satisfy its legal obligations, and Client certifies that it has been advised to, and has had the opportunity to, consult with its own legal counsel for advice. This includes but is not limited to the fact that Client agrees to defend, indemnify and hold harmless Datasource from any claims arising out of or relating to Client’s disclosure and / or authorization documents or pre-adverse or adverse action procedures, regardless of whether Client has referenced sample documents provided by Datasource.

C. Client agrees to promptly execute and return to Datasource all documentation required, now or in the future, by any government agency or Datasource to permit release of information or to ensure compliance with applicable laws or regulations. Such documentation shall become part of this agreement. The failure to return such documentation will result in Client being blocked from receiving the information related to the documentation, and, in some circumstances, all service may be terminated without additional notice.

D. Client consents to any reasonable request by Datasource to audit records of the Client in person or by requesting copies of documents and to communicate with employees of the Client, with notice to Client, to determine the appropriateness of any present or past request(s) for information by Client. A failure to cooperate with an audit may result in the immediate termination or suspension of service.

4. Fees for Services

A. Datasource will charge a fee for each request made by Client, in accordance with Datasource’s current fees schedule. Datasource reserves the right to change the fees charged upon thirty (30) days’ notice to Client. Applicable sales or other taxes will be added to all fees. Client understands that Datasource may incur access charges imposed by courts and other governmental agencies which are passed along to Client in addition to fees. These costs are subject to change without notice.

B. Payment on all invoices will be due thirty (30) days after billing. For any invoice not paid within thirty (30) days, Datasource will add and collect a SERVICE CHARGE of one and a half percent (1½%) per month (or the maximum permitted by applicable law, if lower) with a minimum service charge of $2. Client agrees to pay Datasource’s reasonable attorney’s fees and costs incurred in enforcing the terms of this Agreement and in the collection of amounts due under this Agreement.

5. Confidentiality of Information

A. Information provided by Datasource to its Clients is considered confidential by law. Upon its receipt, Client shall treat the information as confidential. Such information shall be maintained in confidential files to which access is restricted. Only those employees who need such information to perform their job duties shall have access to the same. Client shall ensure that such employees shall not attempt to obtain any consumer reports on themselves, family, friends or associates except in the exercise of their official duties. Client shall supply to Datasource the name and phone number of the contact person or persons with whom Datasource may discuss the contents of reports furnished to Client. At the time that Client disposes of any report received it shall cause such to be destroyed by cross shredding, burning or electronic destruction as required by regulations issued by the Federal Trade Commission. 16 C.F.R. §682.1 et seq.

B. Client acknowledges that it will receive personal identifying information on the subjects of the reports it receives. Client shall maintain reasonable procedures to protect the information from unauthorized internal or external access. Among other things, Client shall: (i) restrict the ability to obtain consumer reports to key personnel whose duties reasonably relate to the employment purpose for which the report is requested; (ii) safeguard access to sources where consumer reports can be obtained; (iii) protect Client’s background screening identification and passwords to obtain consumer reports; (iv) properly destroy hard copies and electronic files of consumer reports to prevent any unintended release of information; (v) not sell or otherwise distribute to third parties any information received under this Agreement, unless otherwise required by law; (vi) maintain strict security procedures designed to ensure that Client’s employees shall only use consumer reports in accordance with this Agreement; (vii) train and educate its employees with access to consumer reports on Client’s security procedures for handling and disposing of such reports; and (viii) comply with all applicable laws regarding consumer identity protections. If Client experiences a security breach regarding information received under this Agreement, Client shall notify Datasource within 24 hours of the breach and shall advise Datasource of all measures to address the breach and prevent reoccurrence of the breach.

6. No Warranties and Indemnification

A. Datasource assembles information from a variety of sources to prepare consumer reports, including information contained in the records of various governmental agencies. Client understands that these sources are not maintained by Datasource. In accordance with applicable law, Datasource has reasonable procedures in place to ensure the maximum possible accuracy of the information it reports and to respond promptly to claims that information is incorrect or inaccurate. However, Datasource cannot guarantee that the information provided from these outside sources is absolutely accurate, complete, or up-to-date. Datasource is not responsible for inaccurate or false information received from others and sent to Client and makes no representation or warranty, express or implied, with respect to the accuracy, validity, or completeness of any information and/or consumer reports that Datasource provides. Client agrees to assert no claim and waives liability against Datasource for any inaccurate or false information that Datasource receives from an outside source and includes “AS IS” in any report provided to Client, unless Datasource had actual knowledge of the error, had the legal ability to alter the information, and failed to correct the information.

B. Client agrees to hold Datasource harmless and will indemnify Datasource from all claims and losses resulting from Client’s breach of this Agreement or violation of any applicable law. Datasource agrees to hold Client harmless for all claims and losses arising from Datasource’s violation of any applicable law. Such indemnifications include all costs and reasonable attorney fees incurred by the indemnified party.

C. If the party seeking indemnification proposes to settle any claim it believes is subject to indemnification, it must notify the indemnifying party of such settlement and the indemnifying party must approve such settlement. Such approval shall not be unreasonably withheld. The indemnifying party can also disapprove of such settlement on the basis that the claim is not within those claims or losses covered by the indemnification. If the indemnifying party accepts the request to indemnify, but disagrees with the settlement amount, the indemnifying party shall take over the defense of the claim.

7. Misuse of Information

The FCRA prohibits the obtaining of information from a consumer reporting agency for an impermissible purpose. Further, those involved in such improper requesting may be subject to criminal penalties of imprisonment up to two years and/or a fine of $5,000 for each offense. 15 U.S.C. §1681q. However, such punishments are subject to change as the FCRA is amended. Further, the DPPA prohibits obtaining information under false pretenses and restricts the resale or redisclosure of personal information contained in state motor vehicle records. A violation of the DPPA may also result in criminal penalties. 18 U.S.C. §2733(a). If a Client or one of its employees misrepresents to Datasource the reason for a report or requests a report for an impermissible purpose, Datasource may terminate service without notice in addition to other remedies available to Datasource. Client understands that its misuse of or improper request for information may have a direct impact upon Datasource and may cause it to be unable to obtain information for any of its clients resulting in substantial damages for which Client would be liable.

8. Non-Disclosure

Neither party shall, during the term of this Agreement, and any extension thereof and for reasonable time thereafter disclose to another or use, unless authorized by the disclosing party, any of the disclosing party’s “Confidential Information”. For the purpose of this section, “Confidential Information” shall mean all the party’s prospect list, client information, any customer records/information, employee list, financial data, business plans, business strategies, proprietary software and any other information of a party disclosed by one party to the other. Notwithstanding anything to the contrary contained in this Agreement, the receiving party shall not be precluded from: a) the use or disclosure of any Confidential Information which is currently known generally to the public or which subsequently has come into the public domain, other than by way of disclosure in violation of this Agreement; b) the use or disclosure of any Confidential Information that becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party, provided that such source is not known by the receiving party to have a legal obligation prohibiting the disclosure of such information; c) the use or disclosure of any Confidential Information that was developed independently by the receiving party, or d) the disclosure of the Confidential Information is required by law or legal process.

9. Termination of Agreement

A. Client may terminate this Agreement at any time upon written notice to Datasource. Client will remain liable for all charges made to its account prior to termination and will promptly pay all sums due on termination.

B. Datasource may terminate this agreement by providing a sixty (60) day written notice, but, upon the occurrence of the following events, Datasource may, immediately and without notice terminate or suspend this Service Agreement: (i) Default in payment of charges for Datasource Services; (ii) Misuse of information contained in a Datasource report; (iii) Improper request for information; (iv) Failure of Client to comply with or assist Datasource in complying with the FCRA or any other applicable law; (v) A material breach of this Agreement or violation by Client of any law or regulation governing the request, use or release of the information in the reports; and (vi) Unauthorized release of information in a consumer report to a third party or the reselling of any report.

10. Notice of Change in Client’s Business

Client shall immediately notify Datasource of any of the following events: change in ownership of the Client (over 50%); a merger, change in name or change in the nature of Client’s business that in any way affects Client’s right to request and receive consumer reports.

11. Miscellaneous Provisions

A. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, negotiations and representations. This Agreement may only be modified in writing signed by both parties; however, subsequent representations by Client to show compliance with existing or future laws are effective when signed by Client and become a part of this Agreement. This Agreement is for the exclusive benefit of the parties hereto and no benefit is intended for any third party.

B. All communications and notices to be given under this Agreement will be made to the addresses, street and e-mail, and telephone numbers set forth herein. Each party will notify the other promptly of any change of address or telephone number.

C. This Agreement is intended to be subject to, and in compliance with, all applicable state and federal statutes and regulations. Insofar as this Agreement or any provision may subsequently be determined to be at variance or not in compliance with any such statute or regulation, it will be considered to be amended or modified to the extent necessary to make it comply, and Datasource and Client hereby consent and agree to any such amendment or modification. Further, the invalidity of any one provision shall not affect the validity of the other provisions.

D. This Agreement is deemed to have become effective and to have been entered into upon its acceptance in the State of Missouri by Datasource. Therefore, this Agreement will be interpreted and enforced in accordance with the laws of the State of Missouri, without reference to its conflict of laws.

E. Datasource may make changes to the software or methods used to provide service to Client and Client must make any necessary changes to maintain working connection to the service at Client’s sole cost.

12. Force Majeure

Both Parties are not responsible for any events or circumstances beyond its control that prevent it from meeting its obligations, which include but are not limited to: war, terrorism, riots, embargos, strikes, disruptions in communications or acts of God.

Datasource Client Service Agreement – Appendix A

Additional certifications for state-specific requirements (California, New Jersey, Vermont) and credit reports.

In addition to the representations and certifications in Section 2 of the attached Client Service Agreement (the “Agreement”), Client hereby certifies and agrees to the certifications in this Appendix A, as applicable. Client further agrees that each order of a consumer report or investigative consumer report (collectively “Screening Report”) by Client from Datasource will constitute Client’s renewed agreement to, re-certification to, and re-affirmation of, each of the following additional certifications. Client avers, represents, and certifies that each individual user it has authorized to place orders of Screening Reports on its behalf with Datasource has the authority to act for Client and to re-certify to the statements in Section 2 of the Agreement and this Appendix A by placing such orders.

1. California

If the Screening Report is ordered for employment in California or for a Consumer with a current residential address in California, Client hereby certifies that:

A. Client ordered the Screening Report for employment purposes and no other purposes;
B. Client has made the applicable disclosures to the Consumer required by California Civil Code Section 1786.16;
C. Client has provided the Consumer means by which the Consumer may indicate on a written form, by means of a box to check, that the Consumer wishes to receive a copy of any Screening Report that is prepared. If the Consumer wishes to receive a copy of the Screening Report, Client will send a copy of the Screening Report to the Consumer within three business days of the date that the Screening Report is provided to Client. The copy of the Screening Report will contain the name, address, and telephone number of Datasource and how to contact Datasource; and
D. Client will comply with California Civil Code Section 1786.40, if the taking of adverse action is a consideration.

2. New Jersey

If the Screening Report is ordered for employment in New Jersey or for a Consumer with a current residential address in New Jersey, Client also hereby certifies that:

A. Client ordered the Screening Report for employment purposes and for no other purpose;
B. Client has made the applicable disclosures to the Consumer and obtained the Consumer’s written authorization as required by New Jersey Stat. § 56:11-31(c); and
C. Client will comply with New Jersey Stat. § 56:11-31(e), if the taking of adverse action is a consideration.

3. Credit Reports

If the Screening Report is a credit report, Client further certifies that it has complied at the time of the order with any applicable federal, state or local laws restricting the timing or permissibility of ordering credit information for employment purposes (including any special disclosure or authorization requirements applicable to credit reports) and will comply with any applicable restrictions regarding the use of credit information for employment purposes. If the credit report is ordered for employment in Vermont or for a consumer with a current residential address in Vermont, Client also hereby certifies that has complied with 9 V.S.A. § 2480e.

4. Indemnification

Client hereby also certifies and agrees that if Client violates or otherwise fails to fully comply with any of the above agreements and certifications or otherwise fails to comply with any applicable laws governing background screening, Client agrees to fully defend and indemnify Datasource for any alleged claims, demands, damages or violations arising out of or related to Client’s violation or failure to fully comply.

I certify and agree: I have read, understand, and agree to the Datasource Client Service Agreement, including permissible purpose, compliance with the FCRA, and user obligations.

I certify and agree: I have read, understand, and agree to the certifications in Datasource Client Service Agreement – Appendix A, including state-specific requirements (California, New Jersey, Vermont) and credit report guidelines.

Electronic Signature (Type Full Legal Name)

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