Background Investigation Terms of Agreement
This agreement is made on Thursday, February 27th, 2020, between (CLIENT) Meghan Pegleer Client Address: 614 Indigo Ave, Wellington, Florida 33414 Client Phone Number: 5619325109 Client Email: email@example.com and Eric Nathan for Nathans Investigations, LLC. (AGENCY) In consideration of the agreements made herein, Nathans Investigations, LLC will conduct investigative activities consisting of: a motor vehicle report on JWQ E89 (FL tag) for: “To have proof that he’s working and surveillance of drug related behaviors for child custody’s case and to see if he’s stalking me” Said investigative activities will begin on or about Thursday, February 27th, 2020 The client will pay $99.00 before applicable taxes prior to the commencement of the investigation.
OVERVIEW: CLIENT refers to the person and firm as listed in this agreement. AGENCY refers to Nathans Investigations, LLC. CLIENT agrees to the terms of this agreement. CLIENT agrees payment will be made in advance, and if additional work is required, payment will be made within 30 days, after which a non-negotiable late fee of $50.00 will be added to the second billing and on each monthly statement after that. Any discount or cost reduction listed in the invoice will be reversed if the invoice is not paid in full within 30 days. CLIENT agrees to indemnify and hold harmless Nathans Investigations, LLC for the misuse by CLIENT of data obtained by Nathans Investigations, LLC. CLIENT understands that this agreement binds Nathans Investigations, LLC to CLIENT confidentiality. We will discuss the case with no one but the CLIENT and individuals privileged to the matter as specified by the CLIENT or by law. CLIENT understands and acknowledges that Nathans Investigations, LLC offers no guarantee on the outcome of the case or the existence of pertinent information, documentation, etc. CLIENT understands and accepts that Nathans Investigations, LLC provides no guarantee on the validity or completeness of the information provided.
SCOPE OF WORK: CLIENT retains AGENCY to conduct an investigation specifically explained above. CLIENT agrees to pay all fees and costs from now on incurred as a result of this investigation. As such, CLIENT agrees that AGENCY is empowered to perform said services for and on behalf of CLIENT, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interests of CLIENT. The parties hereby agree to the investigative services requested by CLIENT under this Agreement and will be provided by AGENCY, but that the actual time and manner in which the following investigative services are conducted shall be left to the sole discretion of the AGENCY. CLIENT understands that the amount and accuracy of the information provided by the AGENCY are limited to the resources allocated by the CLIENT either based on limited authorized hours and/or funds.
AUTHORIZATIONS: CLIENT confirms and agrees that requested information is compliant with the Gramm Leach Billey Act which includes to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability; use by persons holding a legal or beneficial interest related to the consumer; use by persons acting in a fiduciary or representative capacity on behalf of, and with the implied or express consent of, the consumer; and/or, to comply with federal, state, or local laws, rules and other applicable legal requirements.
DRIVER’S PRIVACY PROTECTION ACT: CLIENT confirms and agrees that requested information is compliant with the Driver’s Privacy Protection Act, which includes at least one of the following: use in the ordinary course of business by a legitimate company or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors, and, if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual; use in connection with any civil, criminal, administrative, or abitral proceeding, in any federal, state or local court agency, or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court; use by an employer or its agent to obtain or verify information relating to a holder of a commercial driver’s license that is required under chapter 313 of title 49, U.S. Code; use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting; and/or, use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out that agency’s functions.
PERMISSIBLE USE: CLIENT confirms and agrees that requested information has a permissible use which includes at least one of the following: pursuing legal remedies against; asset verification; child support enforcement; collections/locate debtor; criminal history, fraud prevention; and/or, insurance claims.
COURT APPEARANCES: CLIENT agrees to compensate the AGENCY, at the agreed upon rates, for any hearing or court appearances or depositions before or subsequent to the completion of the investigation, whether under an order of subpoena or not and regardless of the party requesting the appearance. If any testimony or deposition regarding this matter or any matter related to this investigation is required, the fee will be $85 per hour, per investigator, plus expenses, with a four (4) hour minimum per investigator, per day. All testimony and deposition fees are due in advance of the scheduled appearance. AGENCY shall not be responsible for court delays or cancellations. Forty-eight (48) hours notice is required by AGENCY in the event of any cancellation; CLIENT shall be financially responsible for paying the standby rate for each investigator for each day.
ASSET SEARCHES: CLIENT agrees bank and/or brokerage account searches cannot be used for FCRA-regulated purposes to determine the eligibility for credit, insurance, employment or any other purpose regulated under the FCRA. To protect against or prevent actual or potential fraud, unauthorized transactions claims, or other liability, bank and/or brokerage search report may only be used by persons holding a legal or beneficial interest relating to the consumer. The report can only be used in the ordinary course of business by a legitimate company or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and, if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual information may not be used for FCRA Regulated purposes to determine the eligibility for credit, insurance, employment or any other purpose regulated under the FCRA. CLIENT understands account numbers will not be provided. CLIENT agrees that information provided is for background purposes only and information is not an official document that can be used in legal proceedings or shared with other parties. As such, CLIENT understands AGENCY will not provide an affidavit or testify in court regarding asset search results. CLIENT also understands that this service is limited to finding accounts; the act of garnishment is the responsibility of a law firm.
ATTORNEY REPRESENTATION: If CLIENT is an attorney or law firm and has contracted for the services of investigator to assist said attorney or law firm in any way, in any matter, on behalf of the attorney or law firm’s CLIENT(S), or in any case being handled by the attorney or law firm, then the attorney or law firm hereby expressly acknowledges, covenants, and agrees that the obligation of the attorney or law firm to pay the investigator for services rendered is an obligation solely of the attorney or law firm and is in no way contingent on (1) any particular result or outcome of the investigation, or (2) the attorney or law firm being paid by its CLIENT, or (3) the attorney or law firm’s CLIENT being satisfied with the results or outcome of the investigation. USE OF SUBCONTRACT AND/OR ADDITIONAL INVESTIGATORS: CLIENT agrees that AGENCY, at AGENCY’s sole discretion, may use sub-contracted investigators, and may immediately engage one (1) or more additional investigator(s), at the agreed upon rate, and billed in addition to the hourly investigator rate, (within the authorized budget) which CLIENT hereby agrees to pay in the course of any assignment where AGENCY determines that one or more additional investigator(s) is immediately needed, such as when a separate investigator is needed to initiate an undercover inquiry or the subject of the investigation leads the AGENCY to an unusually difficult setting, such as downtown office buildings, airport, public amusement/entertainment/ sporting events, etc.
CANCELLATION: CLIENT understands and agrees AGENCY does NOT provide refunds.
CLIENT INTERFERENCE: CLIENT acknowledges that any interference in this investigation by CLIENT or by CLIENT’s friends, relatives, agents, or employees will jeopardize the ability of AGENCY to provide the services promised under this agreement. CLIENT further acknowledges that interference includes, but is not limited to, calling the AGENCY and/or employees and contractors while they are trying to perform investigative duties and/or surveillance, asking to ride along on surveillance, driving past locations under surveillance, and/or visiting locations near the location under surveillance. CLIENT agrees not to interfere, in any manner whatsoever, or instruct or cause anyone else to interfere, directly or indirectly, while AGENCY is in the course of this investigation. CLIENT understands and agrees that in the event, anyone other than AGENCY participates in this investigation, AGENCY will immediately terminate all activity in this assignment and CLIENT will forfeit any unused portion of the retainer.
DISCLAIMER: CLIENT expressly acknowledges that AGENCY’S fees for services are NOT contingent on the outcome or results of the above-referenced investigation. AGENCY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS OF THIS INVESTIGATION. CLIENT IS PAYING SOLEY FOR THE TIME EXPENDED BY THE AGENCY. No illegal or unethical services will be knowingly provided by AGENCY and CLIENT certifies that he/she/it is not knowingly requesting any illegal services. AGENCY reserves the right to decline or terminate, without advance notice, any assignment it deems to be illegal or unethical or in AGENCY’s sole opinion detrimental to AGENCY. AGENCY will perform services in compliance with all state and federal laws, regulations and best practices. CLIENT UNDERSTANDS THAT RESULTS OF SURVEILLANCES AND INVESTIGATIONS BY THEIR NATURE ARE NOT GUARANTEED AND ARE LIMITED BY TIME AND RESOURCES. THE INFORMATION OBTAINED MAY NOT BE THAT WHICH IS DESIRED OR IN THE FAVOR OF THE CLIENT. REPORTS: AGENCY will generate a written report of the investigation in a timely manner at the completion of the investigation given the CLIENT’s financial account is not in arrears. Every reasonable effort will be made to ensure that the quality of the information will be accurate. However, AGENCY will not be responsible for the information contained within database reports which AGENCY has no control over the content. Reports may also include photographs and videotape. CLIENT understands that surveillance tapes and pictures are by their nature NOT television studio type productions and are often taken from long distance, from unusual locations, and during extreme weather conditions and, as such, the quality can be variable. AGENCY will proceed with due diligence to obtain quality video and/or pictures that can be obtained given the circumstances without placing the investigator in any physical harm, unsafe position, or violating privacy statues. Therefore, CLIENT understands that AGENCY fees are not contingent upon the acquisition of any photos or video. No “Audio” recordings will be made relative to surveillance tapes. Original videotapes and/or negatives will not be released to CLIENT but will remain the property of AGENCY until such time as required to be surrendered in court as evidence and no longer than one (1) year from the date the investigation is terminated. AGENCY shall have the right to destroy said evidence after one (1) year unless the CLIENT has made arrangements to pick-up said file/evidence. Copies for the purpose of the CLIENT’s review will be made at the CLIENT’s request and expense. Original notes or documents considered “work product” will not be released and remain the property of AGENCY. Only the final written report shall be released to the CLIENT. AGENCY RESERVES THE RIGHT TO WITHHOLD ANY AND ALL REPORTS AND/OR EVIDENCE PENDING PAYMENT IN FULL AND BANK CLEARANCE THEREOF. ACCURACY OF INFORMATION SOURCES: Database search reports are performed strictly by the information provided on the subject by the CLIENT. Any error in spelling, format or sequence of letters, words or numbers can result in wrong information on the subject. Data is supplied from different private sources, computer systems, public information facilities, government open record institutions and might also contain confidential source information. All attempts are made to maintain the integrity of this data. AGENCY cannot be held liable for any errors, omissions, or inaccuracies contained in public record information or databases accessed. Furthermore, information has been gathered from sources and individuals deemed reliable by AGENCY; however, no guarantee, warranty, or other representation is made as to the accuracy of information received from third parties, or its suitability for any particular purpose. If the information reported is not “Original Source” information, it is strongly recommended that any information gathered be cross-referenced with “Original Source” information. Client understands data sources are dependent upon the scope of data available – not every jurisdiction allows its data to be searched digitally. Client understands for data that is available, there is a look-back limit as to how many years are available to be searched.
RESPONSIBLE USE OF INFORMATION: AGENCY is NOT a consumer reporting AGENCY. AGENCY promotes the responsible use of the information that it provides and reserves the right to withhold information for which AGENCY deems is outside the scope of a permissible purpose or otherwise defined by state and federal law and/or regulation. “Confidential Information” shall not include such information as is or becomes part of the public domain through no action of AGENCY. The CLIENT is responsible to safeguard the information provided from unauthorized third-party disclosure as defined by the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA) and Right to Financial Privacy Act (RFPA), and applicable state and federal laws and regulations. It is incumbent upon the CLIENT and his/her representatives to be fully knowledgeable about such laws and regulations and/or seek legal counsel prior to the dissemination of reported information. Furthermore, the CLIENT affirms the information requested and/or learned during the investigation is not to be used for harassment, stalking, intimidation, threatening or any other illegal purpose(s).
CLIENT MISREPRESENTATION: CLIENT attests that he/she has not misrepresented him/herself, their company, organization or purpose for requesting the services that AGENCY provides. CLIENT understands that misrepresentation in this agreement, in AGENCY’s sole opinion, may result in civil and criminal action against the CLIENT and/or their organization, as well as any and all monies paid to be forfeited. AGENCY reserves the right to refuse service to the CLIENT for any issue of security, safety, unlawful, unethical or immoral reasons. CLIENT further represents that the information provided by the AGENCY shall be used in a lawful manner and that said information will not be used to cause any physical or emotional harm upon the subject of the investigation. CLIENT agrees to and shall indemnify and save harmless the AGENCY, it’s employees and agent(s) from damages, losses, cost, and expenses, including any attorney or legal fees, suffered/incurred in connection with or arising out of claims based on investigative results provided to CLIENT. This also includes any civil or criminal actions, claims, third-party claims, lawsuits, disciplinary actions, or any losses alleged to be caused by the AGENCY resulting from any activity performed by either CLIENT or AGENCY, except for illegal acts or negligence on the part of the AGENCY, investigators and/or its employees.
CONFIDENTIALITY: All investigative findings furnished to CLIENT are exclusively for CLIENT’S own use. CLIENT agrees to restrict the dissemination of said findings ONLY to third-parties who have a legitimate need to know, and/or authorized by law. CLIENT will hold AGENCY harmless from damages, losses, cost or expenses, including attorney fees, suffered or incurred in connection with or arising out of claims based on investigative findings provided to CLIENT, and for which CLIENT fails to keep strictly confidential. AGENCY will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT, or court ordered.
CREDIT CARD AUTHORIZATION: By CLIENT providing AGENCY with CLIENT’s credit card information, CLIENT agrees & understands they will be charged a 4.5% credit card processing fee. AGENCY is authorized to charge said credit card as AGENCY may deem necessary to initiate the investigation, pay off any outstanding balances, additional requested services by CLIENT, court appearances, or any appearance requested by any party associated with this investigation. CLIENT further acknowledges that AGENCY fees are based on information, whether negative or positive to the CLIENT’s case, along with accrued time and expenses. AGENCY shall be entitled to all invoiced fees regardless of the value of the information developed by AGENCY. CLIENT waives any right to dispute or “chargeback” on any credit card charges made by AGENCY that can be justified with an invoice. CLIENT understands that any dispute of charges can and will be resolved in the applicable court and not through the credit card company for the card provided to AGENCY.
INDEMNIFICATION: CLIENT agrees to indemnify, defend and hold harmless AGENCY and its directors, officers, employees, agents, stockholders and Affiliates (collectively, “Indemnified Parties”) against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs) including, but not limited to libel, slander and defamation, suits, losses, costs and any legal fees caused by, arising out of or resulting from, any report, investigation, or investigative work done by AGENCY, whether or not involving a third party claim, which arise out of or relate to (1) any improper use of the information gathered or obtained by Nathans Investigations, LLC, (2) any breach of any representation of the CLIENT contained in this Agreement, (3) any breach or violation of any covenant or other obligation or duty of the CLIENT under this Agreement or under applicable law, in each case whether or not caused by the negligence of Nathans Investigations, LLC or any other Indemnified Party and whether or not the relevant Claim has merit. CLIENT further agrees to indemnify, and save and hold harmless AGENCY, its employees, assigns, successors, representatives or heirs from any legal action arising from any investigation, report, or results obtained, or actions taken by AGENCY for or on behalf of the CLIENT, so long as such actions are not intentionally harmful on the part of AGENCY. Furthermore, the CLIENT agrees to indemnify and to save and hold harmless AGENCY from any and all legal actions, damages, costs, expenses or any other liability which may arise or result from any investigation, and/or information released to, or receipt of Information by other persons wherein CLIENT, or CLIENT’s assigns or representatives, or others disclose such information, or, in such instances where AGENCY is not aware of the access to Information by other persons, whether by telephonic, audio, visual or any other means, during any discussions with the CLIENT, or any information disclosed by CLIENT to any third parties. CLIENT hereby indemnifies and saves and holds harmless AGENCY from any damages or liability for any situation caused by, or resulting from any verbal or written report, disclosure, or information released by AGENCY without CLIENT’s prior consent, because such Information was, at the time, and in the opinion of AGENCY, evidence of a serious crime committed or about to be committed, or if suppression or withholding of such Information would be a separate crime punishable by law. AGENCY reserves the right to notify the appropriate law enforcement or other authority of any situation discovered, while engaged for the CLIENT pursuant to this agreement, which in AGENCY’s opinion or on-scene assessment, poses a serious risk, danger or another emergency to persons or property.
ATTORNEY FEES & COSTS: In any action incurred resulting from the services provided by AGENCY, or to enforce this Agreement, or defend services provided according to this Agreement, or in the event any legal action is necessary to enforce payment, fees or expenses under the terms of this Agreement, the AGENCY shall be entitled to collect from the CLIENT all fees, expenses, any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by the AGENCY for such collection action and, in addition, the reasonable value of the AGENCY’s time and expenses spent on such collection action, computed according to the AGENCY’s prevailing fee schedule and expense policies.
FINANCING: CLIENT agrees and understands all financing options are through PayPal Credit, not through Nathans Investigations LLC. Client agrees to hold Nathans Investigations harmless of any wrongdoing occurring from accepting this financial responsibility. CLIENT agrees Nathans Investigations is not responsible for clients financial debt with PayPal Credit & agrees to assume full responsibility of any debt. PayPal Credit is an open-end (revolving) credit card account offered by Synchrony Bank (the “Lender”). By applying for this account, you agree:
- You’re providing information to the Lender and PayPal, Inc., and you consent to the Lender providing information about you (even if this application is declined) to PayPal, Inc.
- The Lender may obtain credit reports and other information, including employment and income, about you to evaluate your application and for other purposes.
- If we identify that you have an existing PayPal Credit account, your purchase will be charged to your existing account (subject to available credit line) and a new account will not be opened.
Full PayPal Credit terms and conditions can be found here: https://www.paypal.com/us/webapps/mpp/paypal-credit/faq.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida. CLIENT hereby agrees that, in the event of any litigation regarding fees owed to AGENCY, that jurisdiction and venue shall be in Miami-Dade County, Florida. The entire Agreement of both parties is Recipients Signed expressed in this document and no verbal understandings, agreements or other documents shall alter, modify or change the terms of this contract. CLIENT agrees that AGENCY may assign this agreement to a sub-contractor, in part or whole, to complete this assignment but, at all times, Recipients Signed AGENCY will continue to meet the terms and conditions of this agreement. This agreement is binding for the benefit of and upon the parties hereto, their heirs, executors, assigns, legal representatives, and successors. As to terminology context in this agreement, the singular shall mean plural and vice-versa. Terms used in the male gender serve as function words and do not denote a specific gender but the CLIENT as an individual or entity. CLIENT has had the opportunity to read this Agreement in full and the option to have it reviewed by an attorney of his/her choice. Having no unanswered questions, CLIENT hereby authorizes this investigation and agrees to all the terms and conditions listed herein. By signing this Agreement, I as CLIENT hereby personally certify and affirm that the information supplied above is true and accurate to the best of my knowledge at this time. I further represent and affirm that I am authorized to order this investigation and financially contract for this assignment. In the event I or my company fail(s) to pay for said investigation, I shall be personally responsible for any and all financial obligations associated with this investigation. I also understand that my knowingly supplying false or misleading information may result in my case being rejected and/or terminated. I will forfeit any and all funds that may have been paid to AGENCY pertaining to this case if any information is discovered to be false, misleading, or compromising the ethical and/or legal obligations of AGENCY in the sole opinion of AGENCY.
SEPARABILITY: If any provision of this agreement, or the application thereof to any person, partnership, or corporation, or circumstance, is held invalid, the remainder of this agreement, and the application of such provisions to any other person, partnership, corporation, or circumstance, shall not be affected thereby.