EXHIBIT 10.1.2
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 reports received from Avert in strict
compliance with all provisions of the Fair Credit Reporting Act (FCRA),
Public Law 91-508 and the Americans with Disabilities Act (ADA 1990), and
all other applicable federal and state laws and regulations including
federal and state equal opportunity laws and regulations.
2. Use the information provided by Avert for the user's exclusive use only,
except to disclose said information to the subject of the report, and for
employment purposes only, and only in accordance with applicable law.
3. Make a clear and conspicuous disclosure to the applicant or employee, in
writing and in a separate document, that a consumer report may be obtained
for employment purposes.
4. Make a clear and accurate disclosure to the applicant or employee if an
investigative consumer report (reference check) will be obtained, including
a statement informing the subject of the report that additional information
is available if requested.
5. Obtain the proper written authorization from the applicant or employee for
any consumer report prior to requesting any report.
6. Provide proper notice to the applicant or employee, a copy of the report
obtained, and a Summary of Rights, as required by the FCRA, if an adverse
decision regarding employment is going to be made due to information in any
report obtained from Avert, Inc.
7. Ensure that reports will be requested only by User's designated
representatives and forbid employees from obtaining reports on themselves,
associates or any other person except in the exercise of their official
duties.
8. Recognize that information is obtained and managed by fallible sources, and
that for the fee charged, Avert does not guarantee or insure the accuracy
or the depth of information provided.
9. Assume responsibility for the final verification of the applicant's
identity.
10. Base employment decisions or any actions on the User's lawful policies and
procedures and recognize that Avert employees are not allowed to render any
legal opinions regarding information contained in a consumer report.
11. Pay for services based on a statement system similar to ones used by
telephone companies. Terms are NET 30 days. Accounts in arrears will assume
a finance charge of 2% per month or the highest lawful rate, whichever is
less. If an account goes to collection, User agrees to pay all expenses,
including reasonable legal fees.
12. Provide credit information on user as may be requested by Avert, Inc.
during the course of this agreement.
13. Be aware that, if an account remains inactive for twelve consecutive
months, it may be closed and a new User Agreement may be required to reopen
the account.
14. Acknowledge that a facsimile of this agreement is as valid as an original.
15. Recognize that in order to remain in compliance with laws and regulations
governing consumer reporting agencies, Avert may make modifications to this
agreement from time to time. These modifications may be mailed to the User
and the User's use of Avert's services after the date specified in the
communication will be construed as your agreement and implied consent to
these modifications.
Avert agrees to:
1. Comply with all applicable laws in the preparation and transmission of
reports as defined in 15 USC-1681 et seq, regulated by the Federal Trade
Commission.
2. Follow reasonable quality assurance procedures to assure maximum possible
accuracy of information.
3. Re-verify at no cost any disputed report when either the User or the
subject makes a request in accordance with applicable law. Avert's response
shall be made in writing and delivered in a timely manner.
4. Maintain consumer report information and transaction details for a minimum
of two years. During an inquiry, the subject of the report has the right to
learn the name of the User ordering information and has the right to
receive a copy of the report ordered by the User when a lawful request is
made to Avert.
5. Provide all information to the consumer as required by the Fair Credit
Reporting Act.
6. Maintain confidentiality of its data acquisition and verification
methodology.
7. Avert may, at its sole discretion, terminate service to any user.
Consumer Report User Agreement
Please read both sides and complete this agreement,
attach a check or provide credit card information as
payment of the $50.00 set up fee, and mail to Avert.
You will be billed NET 30 days for Avert products and
services. When your account is established, we will
call you with you customer number and send you a copy
of this agreement. The security and dissemination of
this unique customer number are the responsibility of
the person signing this agreement for the User as
defined on the back. Avert will neither release AVERT
information nor take orders for services unless the Your Customer Number Is
customer number is provided. If you are dissatisfied
for any reason, notify Avert in writing within 30 days -----------------------
of the date you signed this agreement. Your account
will be closed and your setup fee (less any charges for
products and services ordered) will be refunded.
Delivery Address for Reports
One address must be the physical location of your company.
Business Name (User)
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Address
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City State Zip Code
Phone# Fax #
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Contact Name(s)
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First Last Title
Billing Address
Invoices to be sent here.
Business Name (User)
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Address
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City State Zip Code
Phone# Fax #
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Contact Name(s)
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First Last Title
1. Please describe your company's business.
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2. List approximate number of employees.
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3. How long has your company been in business?
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4. Is your company in a: [] Commercial [] Residential [] Other (please explain)
location?
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5. If you intend to use Name Link or Credit Link reports, please attach a copy
of your business license.
6. Identify two principals (or owners) of your business, or, if your company
stock is traded on a recognized stock exchange give symbol and exchange.
Name: Title: Phone:
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Name: Title: Phone:
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Symbol: Exchange:
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7. Check here to join AVERTadvantage for $10/month. [ ]
8. If paying $50 setup fee by credit card, please complete the following:
Credit Card: Card Number:
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Cardholder Name: Expiration Date:
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User certifies that the "Terms for Consumer Report User Agreement" on the
back of this page have been read and agrees to the terms as written.
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User Authorized Signature Title Date
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Avert, Inc. Authorized Signature Title Date
