This Contract and Agreement is made by and between End User and ACUTRAQ for the use of its services upon the basis outlined below and agree that the following shall constitute a service contract between the End User and ACUTRAQ. THE END USER CERTIFIES AND AGREES TO THE FOLLOWING STIPULATIONS:
1) TERMS: End User employs ACUTRAQ herein for a period beginning the date of this contract and shall continue in effect until terminated by either party with or without cause. This agreement may be terminated by End User at any time with a fifteen day (15) written notice. With just cause, such as violation of the terms of this Agreement or a material change in existing legal requirements that adversely affects this Agreement, ACUTRAQ may, upon its election discontinue service to the End User and cancel this agreement immediately. ACUTRAQ may terminate this Agreement immediately and without notice, or take any action it believes is appropriate, including but not limited to blocking End Users access to any or all Services, if ACUTRAQ believes that End User has made a misrepresentation or failed to comply with any provision of this Agreement.
2) LIABILITY: Resident rental histories, credit reports, criminal background, sex offender, and/or other information provided is based on other third party sources and/or court records. No warranty, express or implied, exists that the person who is the subject of the inquiry is in fact the same person that may be found in the records. The End User must make positive identification. Further, ACUTRAQ shall not be liable in any manner whatsoever for any loss or injury to End User resulting from the obtaining or furnishing of such information and shall not be deemed to have guaranteed the accuracy of such information. ACUTRAQ shall not be held responsible or liable for any delays in or failure or suspension of service caused by mechanical or power failures, strikes, labor difficulties, fire, inability to operate or obtain service for its equipment, weather, earthquakes, floods or other causes beyond the control of ACUTRAQ. ACUTRAQ has access to consumer reports from one or more consumer credit reporting agencies.
3) CREDIT BUREAU REQUIREMENTS: End User is a Rental Property Owner or Manager of rental property, either residential or commercial and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) as amended by the Consumer Credit Reporting Reform Act of 1996, hereinafter called “FCRA.” The End User certifies their permissible purpose as:
– Tenant Screening: Using the Consumer Report Information for a legitimate business need in connection with a business transaction initiated in writing by the Consumer, which must be limited to applicant screening for residency purposes.
– For a legitimate business need to review an account to determine whether the consumer continues to meet the terms of the account.
End User certifies that it will request consumer reports pursuant to procedures prescribed by ACUTRAQ from time to time only for the permissible purpose certified above, and will use the reports obtained for no other purpose. To comply with the Fair Credit Reporting Act (FCRA) requirements, the End User will fax (479677-3118) or mail copies of the first three (3) screening applications to ACUTRAQ. Future screening applications may be submitted online, faxed in, phoned in, or mailed. IN ALL CASES, SCREENING APPLICATIONS MUST BE SIGNED BY THE APPLICANT. End User must maintain copies of all written authorizations for a minimum of five (5) years from the date of inquiry.
4) PROHIBITION: End Users will not act or provide, at any time or in any way, and will hold themselves out as providing credit clinic, credit repair, credit counseling, or other similar services.
5) USE OF REPORTS: End User shall use each consumer report for a one-time use only and shall hold the report in strict confidence, and at no time disclose to any third parties. End User may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report.
6) CREDIT SCORES: End User will request Scores only for End User’s exclusive use. End User may store Scores solely for End User’s own use in furtherance of End User’s original purpose for obtaining the Scores. All Scores provided hereunder will be held in strict confidence and may never be sold, licenses, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except (i) to those employees of End User with a need to know and in the course of their employment; (ii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (iii) as required by law.
7) AUTHORIZED USERS: Consumer reports shall be requested by and disclosed to only designated authorized employees having a need to know and only to the extent necessary to enable End User to use consumer reports in accordance with this Agreement. End User shall ensure that such designated and authorized employees shall not attempt to obtain any Consumer Reports on themselves, associates or other persons except in the exercise of their official duties.
8) ADVERSE ACTION: If adverse action is taken, (denial, additional deposits, co-signer, etc.) End User must inform the consumer of the nature of the adverse action and the process of obtaining a consumer report. End User will be supplied with a sample letter by ACUTRAQ or electronic source.
9) FCRA PENALTIES: THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
10) SECURITY SAFEGUARDS: End User is responsible for securing computer systems, software, and access codes and protecting against unauthorized access. Access codes should not be discussed among employees and should be discontinued as employees are no longer employed or authorized to access Consumer Reports. End User is required to have procedures in place to properly dispose of Consumer Reports. End Users will not act or provide, at any time or in any way, and will hold themselves out as providing credit clinic, credit repair, credit counseling or other similar services. All users of consumer reports must sign the Access Security Requirement form.
11) SITE INSPECTION: A site inspection must be performed at the place of business prior to ACUTRAQ releasing any services. In the event that the End User’s place of business changes an additional site inspection must be performed within sixty (60) days. (All site inspections subject to $60 site inspection fee)
12) FTC RED FLAG RULE COMPLIANCE: End User is responsible for providing compliance with the Red Flag Rule http://www.ftc.gov/bcp/edu/microsites/redflagsrule. Policy and procedures shall be 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. End User will maintain documentation showing compliance with these certifications for a period of six (6) years or during the tenancy term, whichever is longer.
13) COMPLIANCE WITH LAWS: This agreement is governed by the laws of the State of Arkansas and shall inure to and is binding upon the successors and assigns of ACUTRAQ and the heirs, executors and assigns of the End User. In the event End User violates the terms of this agreement, End User agrees to pay all costs for steps taken by ACUTRAQ, whether by lawsuit or otherwise, to defend, preserve, or enforce the rights under this agreement. All rights and duties of End User and ACUTRAQ, arising from services performed or agreed to be performed by ACUTRAQ, shall be determined under the internal laws of the Federal Government and State of Arkansas, County and City. End User shall be liable to any third party claimant for its own acts of negligence with regard to the performance of its duties hereunder.
14) APPOINTMENT OF SERVICES: End User herewith appoints and employs ACUTRAQ, as the End Users agent for the purpose of inquiry as to the rental history, credit history, employment history, criminal history, factual pre-employment information, verification of employment and other such public record information as shall be requested. ACUTRAQ will at no time-release resident information to any person, parties or company unless they are a member of or associated with ACUTRAQ. ANY AND/OR ALL INFORMATION ON THIS CONTRACT MAY APPLY DEPENDING ON LEVEL OF SERVICES OBTAINED.
15) AUDIT: ACUTRAQ and/or its designee shall have the right to enter End User’s places of business, during normal business hours and with reasonable notice, to audit End User, and End Users shall provide ACUTRAQ with access to such personnel, properties, files, and records (both physical and electronic) as may be reasonably required by ACUTRAQ and/or its designee for that purpose.
16) BILLING AND COLLECTIONS: End User agrees to the schedule of prices attached, which becomes a part of this contract. End User agrees to pay charges due on receipt of billing invoices. End User agrees to pay late fees not to exceed $15.00 per month for each month account is not paid. End User further agrees to pay reasonable collection fees, attorney fees, and/or court costs for the enforcement of this agreement. If End User is delinquent in payment of charges or is in violation of any portion of this agreement, ACUTRAQ may, at its election, discontinue service and cancel this agreement immediately on written notice to the member. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, ACUTRAQ may, upon its election, discontinue serving the End User and cancel this Agreement immediately.
17) NOTICE OF CHANGE IN BUSINESS INFORMATION: End User must notify ACUTRAQ of any of the following events: change in ownership; merger; change in business name or change in the nature of business that in any way affects Client’s right to request and receive consumer reports; change in user names for obtaining consumer reports.