EXHIBIT 10.1
Consumer Report User Agreement EMPLOYMENT
Amended September 1, 1997
This agreement by and between Avert, Inc. and the company named below ("User")
and/or its designated agent(s), consists of the following understandings and
conditions:
User certifies and agrees to:
1. Use the services of and the 8. Recognize that information is
reports received from Avert in obtained and managed by fallible
strict compliance with all sources, and that for the fee
provisions of the Fair Credit charged, Avert does not
Reporting Act (FCRA), Public Law guarantee or insure the accuracy
91-508 and the Americans with or the depth of information
Disabilities Act (ADA 1990), and provided.
all other applicable federal and
state laws and regulations 9. Assume responsibility for the
including federal and state final verification of the
equal opportunity laws and applicant's identity.
regulations.
10. Base employment decisions or any
2. Use the information provided by actions on the User's lawful
Avert for the user's exclusive policies and procedures and
use only, except to disclose recognize that Avert employees
said information to the subject are not allowed to render any
of the report, and for legal opinions regarding
employment purposes only, and information contained in a
only in accordance with consumer report.
applicable law.
11. Pay for services based on a
3. Make a clear and conspicuous statement system similar to ones
disclosure to the applicant or used by telephone companies.
employee, in writing and in a Terms are NET 30 days. Accounts
separate document, that a in arrears will assume a finance
consumer report may be obtained charge of 2% per month or the
for employment purposes. highest lawful rate, whichever
is less. If an account goes to
4. Make a clear an accurate collection, User agrees to pay
disclosure to the applicant or all expenses, including
employee if an investigative reasonable legal fees.
consumer report (reference
check) will be obtained,
including a statement informing 12. Provide credit information on
the subject of the report that user as may be requested by
additional information is Avert, Inc. during the course of
available if requested. this agreement.
5. Obtain the proper written 13. Be aware that, if an account
authorization from the applicant remains inactive for twelve
or employee for any consumer consecutive months, it may be
report prior to requesting any closed and a new User Agreement
report. may be required to reopen the
account.
6. Provide proper notice to the
applicant or employee, a copy of 14. Acknowledge that a facsimile of
the report obtained, and a this agreement is as valid as an
Summary of Rights, as required original.
by the FCRA, if an adverse
decision regarding employment is 15. Recognize that in order to
going to be made due to remain in compliance with laws
information in any report and regulations governing
obtained from Avert, Inc. consumer reporting agencies
Avert may make modifications to
7. Ensure that reports will be this agreement from time to
requested only by User's time. These modifications may be
designated representatives and mailed to the User and the
forbid employees from obtaining User's use of Avert's services
reports on themselves, after the date specified in the
associates or any other person communication will be construed
except in the exercise of their as your agreement and implied
official duties. consent to these modifications.
Avert agrees to:
1. Comply with all applicable laws 4. Maintain consumer report
in the preparation and information and transaction
transmission of reports as details for a minimum of two
defined in 15 USC-1681 et seq, years. During an inquiry, the
regulated by the Federal Trade subject of the report has the
Commission. right to learn the name of the
User ordering information and
2. Follow reasonable quality has the right to receive a copy
assurance procedures to assure of the report ordered by the
maximum possible accuracy of User when a lawful request is
information. made to Avert.
3. Re-verify at no cost any 5. Provide all information to the
disputed report when either the consumer as required by the Fair
User or the subject makes a Credit Reporting Act.
request in accordance with
applicable law. Avert's response 6. Maintain confidentiality of its
shall be made in writing and data acquisition and
delivered in a timely manner. verification methodology.
7. Avert may, at its sole
discretion, terminate service to
any user.
I certify that I have read the terms for this Consumer Report User Agreement and
I agree to the terms as written.
X
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User Authorized Signature Title Date
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Avert, Inc. Authorized Signature Title Date
Customer Name: ______________________________________________
Customer Number: ____________________________________________
MAIL OR FAX THIS SIGNED AGREEMENT TO AVERT, INC. NO LATER THAN SEPTEMBER 30,
1997.
000 Xxxxxxxxx Xxxxxx
Xxxx Xxxxxxx, XX 00000
000.000.0000 FAX 000.000.0000
