HomeMy WebLinkAboutAUGUST 2019 VeriCorp
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SERVICE AGREEMENT
FOR EMPLOYMENT SCREENING SERVICES
This Service Agreement for Employment Screening Services ("Agreement")is made by and between VerlCorp
Incorporated, ("VeriCorp"), a Kentuckyrqorpqrate with Its pp i clpna�l place.of business at 410 Commercial Drive, Suite
201, Louisville Kentucky 40223, and a / oft J24 21t25ofttittze
located at 50d Puah,�eJtma�S Leh , e Pr ("Client")
subject to the following terms and conditions:
1. SERVICES PROVIDED: VeriCorp agrees to furnish to Client Investigative reports and other background
information ("consumer report") on job applicants/employees, as requested by the Client. Client certifies that the
primary use of this employment screening service is to obtain investigative reports in connection with the
evaluation of Individuals, for employment, promotion, reassignment or retention as an employee. Clients shall
request investigative reports from time to time, pursuant to procedures prescribed, for reasons listed above and no
other purpose. The investigative reports listed on the Description of Searches, include public and non-public
reports provided by government and private entitles.
VerlCorp will provide Client with sample letters, pro forma documents and consent forms to assist Client in
complying with its obligations under the Fair Credit Reporting Act (FORA), as well as those applicable state laws
known to VeriCorp or that VeriCorp becomes aware of in the ordinary course of business or by notice from the
Client. VerlCorp does not warrant the accuracy or completeness of these documents and the Client Is
encouraged to have them reviewed by its counsel before proceeding to use them.
VeriCorp will use its best efforts to deliver the consumer reports requested in an expeditious manner, however,
VeriCorp shall have no obligation or liability to Client for any delay or failure to deliver consumer reports
caused by the parties providing data or information to VeriCorp, or by any other third-party. VerlCorp is a
federally regulated Consumer Reporting Agency (CRA) as defined by the Fair Credit Reporting Act for the
purpose of providing pre-employment screening information in accordance with all applicable guidelines and
confidentiality as stipulated within applicable statutes.
2. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY: The consumer report obtained by VeriCorp Is derived
from databases and records that have been created and maintained by various government agencies, private
companies, and other contributors that are not under the control of VeriCorp. Responsibility for the
accuracy of the information contained in the consumer report and these databases and records rests solely in
the contributor. The Client waives any and all claim or claims against VeriCorp arising out of or related to the
accuracy of the consumer report, databases and records.
3. USE OF EZyCHECKTM SOFTWARE: EZyCHECKTM software users agree to terms and conditions of Addendum A.
4. CLIENTS ACKNOWLEDGMENT OF COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT: Client certifies
that it is properly licensed for business and Is the End User. Client acknowledges that the consumer reports are
furnished in strict confidence for the exclusive use by the Client only for the purposes of direct employment,
work to be performed under contract, volunteer work or position, promotion and/or reassignment. No other
permitted uses are implied or Intended and the consumer reports shall not be reproduced or resold in whole or part
in any manner whatsoever.
The Fair Credit Reporting Act (FCRA) governs the activities of consumer reporting agencies, as well as the
users of the information procured from these agencies. A consumer report contains information on a job
applicant/employee's character, reputation, and other personal data; therefore, use of such information is strictly
regulated by the FCRA. Among other things, the FCRA prohibits employers from obtaining consumer reports
unless the employer discloses to the applicant, in writing, that such a report may be acquired, and obtains the
written authorization of the applicant/employee to inquire into this background information. The FCRA also requires
VeriCorp P.O.Box 438054 Louisville, KY 40253 Phone:502.554.9999/877.717,3515 Fax: 502.254.4929 www.verinnrphr corn
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employers to take additional steps when they make an employment decision based in whole or part on the
background information. These steps are intended to give the applicant the opportunity to dispute any information
contained in the background or consumer report. See Addendum C, FCRA Compliance Flow Chart.
Client understands that It must have a permissible purpose for ordering information and further agrees to comply
with disclosure and authorization requirements to the consumer as required by the FORA. Client understands and
agrees to comply with adverse action procedures required by the FCRA, understands the confidential nature of the
information being requested and will keep it confidential when obtaining, retaining, using and destroying this
confidential matter. Client understands that VeriCorp is not legal counsel and cannot provide legal advice. Client
should work with counsel to develop an employment screening program specific to their needs. It Is necessary for
client to work with counsel to ensure that client's policies and procedures related to the use of CRA-Provided
Information are In compliance with applicable and state federal laws. Client acknowledges receipt of all required
notices required by the FCRA Including the Notice to Users of Consumer Reports: Obligations of Users under the
FCRA and A summary of Your Rights Under the Fair Credit Reporting Act,
Unless requested by a client or by government regulation, VeriCorp will provide the criminal records for a
minimum of seven years. VeriCorp urges all employers to review the restrictions and requirements of the FCRA.
The Act's citation is Public Law 91-508, Title 15, U.S.C, Sections 1681, et seq. Please note, particularly, the
Permissible Purposes of Reports, as well as requirements on Users of Consumer Reports and Obtaining
Information Under False Pretenses.
a. Permissible Purposes: By signing this document, Client certifies that it is requesting VeriCorp to provide
screening services only for the purposes indicated below and for no other purposes. Please check the
permissible purpose(s)for which this data will be used:
121 Employment Screening Tenant Screening ® Business Need
b. Applicant's Authorization Obtained: By signing this document, Client certifies that prior to requesting
VeriCorp to provide screening services for employment purposes on an applicant/employee, it has provided
the applicant/employee with a clear and conspicuous written disclosure, in a document consisting solely of
the disclosure, that a consumer report is being requested for employment purposes, and it has obtained
the written authorization from the applicant/employer to obtain a consumer report for employment purposes.
c. Pre-Adverse Action: By signing this document, Client certifies that before taking adverse action (e.g.,
refusing to hire or promote an applicant/employee), based in whole or part on information contained in the
consumer report, it will first:
I. Provide the applicant/employee with a copy of the consumer report;
II. Provide the applicant/employee with a copy of°A Summary of Your Rights Under the Fair
Credit Reporting Act", in the format approved by the Consumer Financial Protection Bureau
(CFPB).A copy of this notice may be obtained from the CFPB website at
www,consumerfinance.gov/iearnmore or from VeriCorp;
III, and Provide the applicant with ample time to dispute any information contained in the
consumer report.
d. Adverse Action: By signing this document, Client certifies that after providing the applicant/employee with
the Pre-Adverse Action information contained above, and after it has given the applicant/employee "ample
time' to dispute the information, the Client will send the applicant a follow-up notification that the Client is
taking adverse action based on the Information contained in the consumer report. CRA advises client that
they have specific legal requirements and responsibilities regarding taking adverse action against a
consumer based on a consumer report and that client should consult with their legal counsel regarding
specific, legal responsibilities.
e. Client certifies that it will comply with all applicable state laws concerning consumer reports. if Client is a
California, Minnesota or Oklahoma-based employer, Client certifies that it will also provide applicants copies
of their report in compliance with CA Codes 1785.20.5, 1786.16(a)(5)(b)(1), & 1786.22; MN Code 13C
Subdivision 2; OK Code 24 O.S.§148.
VeriCorp P.O. Box 436054 LouisvIlle, KY 40253 Phone: 502.554.9999/877.717.3515 Fax:502.254.4929 WWW vericorphr.corn
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f. Confidentiality and Use of information: By signing this document, Client certifies that it
acknowledges the sensitivity and confidentiality of the Information contained in the consumer
report and Client agrees that information obtained from a consumer report will not be used in
violation of any applicable state or federal equal employment opportunity laws.VeriCorp suggests
a minimum of a six (6) year record retention policy for Clients for any record arising out of or
relating to a consumer report provided by VeriCorp, including without limitation the applicant's
resume, the applicant's employment application, any background check form completed by the
applicant, the background check disclosure form, the background check authorization form, the
completed background check, any communication relating to the background check and hiring
decision, any adverse action notices provided to the applicant, and communication relating to any
applicant dispute of Information contained in the background check. This suggested record
retention policy would be applicable regardless of whether the record retained is a paper or
electronic record.
Client understands the sensitive nature of consumer reports, the need to protect the information
and the consumer report retention and destruction practices outlined by the FCRA and DPPA.
We agree to:
o Limit dissemination of consumer information to only those with legitimate
need, permissible purpose, and authorized by consumer
o Retain consumer data in a confidential manner
o Destroy data in a secure manner to make it inaccessible, unreadable,
and/or unrecoverable by:
• burning, pulverizing, or shredding,
• destroying or erasing electronic files, and/or
CI After conducting due diligence, hire a document destruction company. In addition, paper
documents containing personally Identifiable Information (particularly name, date of birth, and
SSN) , if retained at individual desks/workstations, shall be destroyed or inaccessible no later
than the end of each work day
o Protect the privacy of consumer information which is contained in motor vehicle
records, and access DMV records only with written consent of consumer,
g. indemnification/Hold Harmless: By signing this document, Client acknowledges that it has read
and understands the requirements of the Fair Credit Reporting Act, Client agrees that it will
comply with all such requirements, and Client agrees that it shall defend, indemnify and hold
VeriCorp, its directors, officers, employees, agents, vendors, successors and assigns, harmless
from any and all claims, liability, costs or damages whatsoever arising out of or related to
Client's failure to comply with the requirements of the FCRA. Client further agrees that it shall
defend, indemnify and hold VeriCorp, its directors, officers, employees, agents, vendors,
researchers and researchers' affiliates, successors and assigns, harmless from any and all
claims, liability or damages whatsoever arising out of or related to the accuracy or use of the
services or data provided under this Agreement.
5. PAYMENT REQUIREMENTS/COLLECTION: Net 15: Client agrees to pay VeriCorp the applicable
charges for the various services rendered to Client. Client agrees to pay all applicable charges within
fifteen (15)days of date of invoice.All monetary obligations to VeriCorp for services rendered which are
past due fifteen days or more may,at the election of VeriCorp, bear Interest at the rate of five percent
(5%)per invoice;eighteen percent 18% per annum. In the event that legal action is necessary to obtain
the payment of any monetary obligations to VerlCorp,the Client shall be liable to VeriCorp for all costs
and reasonable attorneys'fees Incurred by VeriCorp in collection of such obligations. VerlCorp has the
right to change the payment period according to the client's credit rating (score), financial status or
account payment record.
Please go to the following link and complete the customer verification form after you have finished filling
out the rest of the agreement.
https://www.vericorphr.com/customer-verification/
VeriCoip P.O. Box 436054 Louisville,KY 40253 Phone: 502.554.9999/877.717.3515 Fax: 502.254.4929 www.ve m
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Request for Account User and Administrative Users
Please provide names of all employees who should have access to the EZyCHECKTM account. A unique
User ID and Password will be issued for each individual. There Is no additional charge for adding this
important security measure to your account.
(1) Please designate those USER's that are authorized to add or delete users, make changes to report
packages, or scope of orders.These employees should be designated as ADMINISTRATIVE USER.
(2) All other USERS will be designated as STANDARD USERS who can enter and review order information,
but CANNOT add or delete users, make changes to report packages, or scope of orders.
Please note: You are required to notify us immediately if there is a change In status to any of the
USER's listed below.
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VerlCorp P.O. Box 436054 Louisville, KY 40253 Phone:502.554,9999/877.717.3515 Fax:502.254.4929 www yericorPhr mom
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FCRA Prescribed Notices
The Fair Credit Reporting Act requires we provide our clients with FTC-prescribed
documents.
Such notices currently include:
a. Notice to users of Consumer Reports: Obligations of Users under the FCRA
b. A Summary of Your Rights Under the Fair Credit Reporting Act
Please note that the A Summary of Your Rights Under the Fair Credit Reporting Act
should be given to your applicants when given their signed release.
Below are links to notices on the FTC website to insure you have the latest available.
Notice Regarding Obligations to Users of Consumer Reports under the
FCRA https://data.ezycheck et/verlcorn/Forms/Forms/Notice%2oto%20Users,pdf
Update: Provided in electronic format.
A Summary of Your Rights Under the Fair Credit Reporting Act
htto://www,gpo,gov/fdsys/oks/CFR-2o1,2-titlel2-vols/pdf/CFR-2012-title12-vol8-part1922-appK.pc4
f Update: Provided In electronic format.
Please review and save these documents.
Document provided by:
Or%
VeriCor
VenCorp P,O. Box 436054 Lcuisville,KY 40253 Phone:502.554.9999/877.717.3515 Fax:502.254.4929 www.vencorphr.com
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