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TERMS & CONDITIONS
Upon submission of my
search / service request to detectivesusa.com, I " Client"
understand, acknowledge and agree that I have retained the services
of ASI, Inc., (hereinafter "ASI") for the purpose of fulfilling my
request for the applicable fee. I do hereby guarantee to ASI, that I
have submitted my valid credit card information in order to pay such
fee, or will immediately mail such payment in full to ASI if I have
been approved for billing terms. I understand that ASI will conduct
my service / search immediately upon their receipt of my valid
credit card information or a check or money order for the applicable
fees.
ASI does hereby
guarantee that they will successfully conduct my assignment and / or
locate data for the search that I am seeking. (most searches take
only 1-3 business days). Should ASI or it s Miami Private
Investigators fail to provide the service or
data for the information I am seeking within 20 days, ASI will
promptly upon request, refund payment to my credit card and/ or
refund payment via first class mail if by check. I understand that
ASI will not disclose contact data to me until I have paid the
applicable fee to ASI. ASI further guarantees that they will refund
my applicable fee within 30 days based upon the "No Information - No
Charge" policy for applicable searches. Should a search return data
that is later found to be inaccurate, Client understands that ASI at
its sole cost and discretion will recheck the search. However,
customer must provide proof to ASI that they have made a diligent
attempt to utilize original information provided. This proof must be
submitted to ASI within 15 days after data is provided, and must
include returned first class mail, which was properly mailed to the
address(s) provided (for searches where an address was provided),
and a written account of what took place during attempts to any and
all telephone numbers provided.
Client will be required
to provide information on themselves as well as a reason for any
search that involves non-public, sensitive or restricted
information. Furthermore, the client denotes and guarantees to
provide complete and accurate information to ASI for the searches
requested, and that the search results shall not be utilized for any
purpose other than the purpose stated to ASI. You MUST be 18 years
of age or older to utilize our services.
ASI and its miami Private Investigators may subcontract the
work to be performed under this agreement at its own discretion.
For the purpose of this
agreement, data is defined as any address, phone number, DMV
information, Social Security number information, or any other
information provided to the client by ASI, which will allow client
direct or indirect (through a third party) contact with the party
sought if so intended. ASI cannot and does not make any
representations or warranties (neither implied or expressed)
regarding the searches / services provided to the client, including
but not limited to; the competency, timeliness, accuracy,
completeness, currency, merchant ability or fitness for a particular
purpose of the searches / services. ASI specifically disclaims all
such warranties. Information obtained by ASI is received, entered
and maintained by public and private entities and is provided "As
Is". Certain information may not be acceptable for use as an exhibit
or evidence.
ASI and its Miami Private Investigators conducts its
searches based on the criteria provided by the client. ASI obtains
data from numerous sources including public records repositories,
local, state, national, and federal databases, other third-party
information sources, and private sources.
All sources used are
deemed reliable and accurate, however, ASI has no control over the
integrity of their data and therefore cannot assume responsibility
for the integrity or accuracy of the information. Due to the
fallibility of electronic and manual systems and resources the
report provided does not preclude the probable existence of other
information. ASI cannot guarantee results on a search if the Client
provided invalid, inaccurate, false information, or if client is not
able to provide either a complete first and last name, or an
accurate first name and date of birth if requested for the sought
information, or if client has provided multiple spelling
possibilities of a person's last name. ASI cannot guarantee results
on a search if the search request involves an individual or "missing
person" who is believed or suspected to be homeless,
institutionalized, deceased or incarcerated, or is believed to have
changed their identity, or has been known to use or be using more
than one identity or social security number, or have intentionally
fled from an abusive relationship or to avoid possible criminal
prosecution, or are fugitives from the law.
Client understands that
they WILL BE charged if the data they are seeking involves a person
with a common name (or is a JR. or SR.) and client is NOT able to
provide AT LEAST one of the following pieces of information: a) an
accurate social security number; b) an accurate date of birth; c) an
accurate drivers license number; d) registered vehicle license plate
number within the past ten years; e) a recent residence address
(within the past ten years); f) or accurate name of spouse.
Client agrees to use the
data obtained from ASI for , ethical, legal , permissible and moral
purposes only. Client also faithfully pledges that his or her desire
to locate the data or individual described above in no way involves
any intention on their part to harm, to cause harm, to harass, to
stalk (as described by applicable laws), to commit a criminal
offense, fraud, identity theft, entrapment, a sting operation, or
for pursuit of ASI, its employees, vendors, clients, affiliates,
officers, or otherwise take any illegal action against any of them.
In addition, the client shall not request information on juveniles,
celebrities, government officials or other well-known persons, for a
news story, for debt collection, or for surveillance. Should client
become suspect to any illegal action against the parties described
above, client does hereby give their consent to ASI to disclose any
and all information about them (client), and about this transaction
to the proper authorities. Several searches fall under the FCRA,
IRSG, and EEOC requirements and will require a signed release from
the subject prior to the search.
SURVEILLANCE AND
OTHER FIELD
PRIVATE INVESTIGATION SERVICES
The client
hereby agrees to employ ASI., it’s agents, it's Miami private
Investigators and employees, and
private
investigators for the
consideration of a non-refundable retainer, to undertake certain
private investigatiion
services and investigative duties.
In addition,
if the client decides to terminate this private investigation
service or otherwise
not pursue this action, the retainer mentioned above is
non-refundable, consideration of which the initial interview/
consultation and investigator’s agreement to initially accept
employment subject to terms of this agreement.
Client will
have 20 days in which time to use the retainer at the Flat Rate or
Hourly Rate agreed. Furthermore, that the Investigation must be
completed within the 20 days from this date, or otherwise the
retainer is forfeited.
All
surveillance or field
investigation services shall be conducted at
the agreed upon flat rate or hourly rate set on the “Surveillance
Order “ form (per agent) plus any other justifiable expenses
incurred while in the performance of the investigation. Time
beginning upon departure from the agency office and terminating upon
return to the agency office, not including mileage, or justifiable
expenses and that no guarantee of results is given. The client
understands that all justifiable expenses shall include, but are not
limited to; long distance telephone calls, postage, parking fees,
reproduction costs, travel expenses and all other disbursement
necessary to the proper performances of the investigation . ASI will
perform the described services for the client and will charge for
these services at the agreed hourly or flat rate unless the agency
waives such fees. These charges will be credited against the
retainer.
Each court
appearance, interview, consultation, drafting and preparation of
paper work, telephone calls, whether with the client or not,
unanswered calls to the client, research, calls or meeting with
experts and/or witnesses, and any preparation connected with the
investigation will be billed on an hourly rate of $58 per hour with
the minimum time charged of 4 hours per day / per private investigator
or prvt detective .
Those fees due
(less retainer already received) will be paid upon completion of
this assignment; or upon either ASI’s or client’s determination that
no further action can be taken to complete this assignment. If the
services are provided during a period to exceed 30 days, then
payments for services rendered (plus expenses) will be payable by
the Client every 30 days as billed by ASI. Payments will be paid by
the Client within 10 days after billing, with payment being
made in sufficient time to arrive to ASI by the due date. Payments
will be made to the address of ASI listed on the “Contact US” page.
Payments arriving after the due date will be considered late and a
service charge of 2.5% per month (compounded monthly) of the balance
will then be due to ASI. A service charge of $50 will be due and
payable for any check returned to ASI. Service will not be initiated
until, at the option of ASI, the retainer check has been determined
to have sufficient funding. Client consents to collection
jurisdiction in the State, or county of ASI’s choice in the event
that full payment is not received.
ASI, hereby
agrees to appear in court and cooperate fully with the client’s
attorney, and law enforcement agencies, concerning any evidence
submitted. The hourly rate agreed on the “Surveillance Order Form” ,
plus $ 0.49 per mile, as well as any other justifiable expenses, per
agent, shall be applicable to any such appearances and must be paid
at least twenty-four (24) hours in advance to court time at a
minimum of 4 hour., of court time.
PERIOD OF
SERVICE:
This agreement
covers Services rendered during the agreed period specified on the
“Surveillance Order” form. If no termination date is agreed, then
this agreement is considered to be in effect until the Client
provided funds (Retainer) are exhausted, or written notification is
received of termination of the agreement. This agreement may be
terminated at any time by either party for breach or neglect of duty
by the other not remedied within 30 days after written notice by
either party. No termination shall prejudice ASI’s rights to
payments for Services completed prior to the effective date of
termination.
ASI further
agrees to make a full oral report to the client following each stage
of the investigation services, and that, as pursuant to Florida Statutes §
493.6119, all information obtained during the investigation is
CONFIDENTIAL, and only releasable to the client and/or their attorney(s). The client and/or any of its representatives shall not
disseminate ANY information supplied by the agency to a third party
under any circumstances.
ASI shall at
it’s own discretion and judgment, determine proper method of
private investigation, and shall at all times have the right to refuse to
engage in conduct which, in the judgment of it’s management, is
improper, illegal, or involves too great a personal risk to the
detectives or private investigator(s).
Any
interference by the client, their representative(s), or a third
party in this investigation will render this contract null and void,
and the non-refundable retainer is therefore forfeited.
Furthermore
any misrepresentation of information made to ASI, or withheld by the
client, as well as their epresentative(s) legal or otherwise, that
pertinent to the investigation will render this contract null and
the non-refundable retainer is forfeited.
By ordering
any search or private investigation service on-line, the Client furthermore,
agrees to indemnify and hold ASI and its corporate officers,
business owners, and their agents, as well as the private investigators
and detectives privados harmless against all claims, damages, losses, expenses, liabilities,
and/ or client or third party actions arising out of or related to
the ASI’s services or information provided therein, except those
arising from ASI’s intentional wrongful acts. ASI shall not be
liable for any special, incidental or consequential damages of any
type.
By ordering
any search or investigation service, Client further authorizes ASI,
and its investigators to release information to the Detective Agency’s
insurance carrier and/or legal representative in the event of a
claim/allegation made against the Private Detective Agency or it’s investigator(s)
this is including but not limited to any federal or state law
enforcement personnel, as well as the state attorney’s office.
SEARCH
REPORTS- Search
reports are performed strictly by the information provided on the
subject by the client. Any error in spelling or sequence of
numbers can result in wrong information on the subject. Data is
supplied from different private sources, computer systems, public
information facilities and government open record institutions. This
report may include information from various public and confidential
sources. Every attempt has been made to report public agency
information accurately. Confidential sources have requested their
identity not be revealed as a condition for releasing information.
These sources should only be utilized as discovery sources. Data may
originate in United States or from other countries. Sources may have
items that are incomplete, incorrect, omitted, misspelled, or
deleted and are not in the control of ASI. Human error when
compiling this search is possible. All attempts are made to maintain
the integrity of this data. Data collected in this search is to be
released to the party intended as per your request. Other
distribution is prohibited. All record searches are performed through
nationwide database sources unless otherwise specified by client.
For inquiries per your report, please call our private detective
company at 305-827-0607.
ACCURACY OF
SEARCH RESULTS –
Client agrees that ASI OR ITS DETECTIVES CANNOT BE HELD LIABLE FOR INACCURACIES
CONTAINED IN PUBLIC RECORD INFORMATION, DATABASES ACCESSED,
OR ANY REQUESTS SUBMITTED BY THE REQUESTER. While the information
furnished is from reliable sources, its accuracy is not guaranteed.
All record searches are on a best efforts basis, NO guaranties, promises or
claims are made about potential search or investigation results. All
information should be verified as to accuracy, timeliness and legal
applications prior to preparation of report(s) or usage of
information. Use of available data may be subject to the FCRA and
other applicable laws. The client assumes full responsibility for
the release of any information obtained with these reports.
ASSET SEARCH INFORMATION - Asset Information
is for sale to licensed private investigators, law enforcement & licensed
attorneys only. Information will be used in course of legal
proceedings, FCRA approved purposes, and held strictly confidential
only. Any release of information violates these Terms upon which ASI
makes its sale of information in good faith on this basis. All
searches on a best efforts basis only, ASI shall be indemnified from
any and all claims arising out of found, not found, frozen accounts,
garnished wages and other potential claims. ASI logs & records all
calls and visits. All searches are intended to support the legal
process, and should be followed by a subpoena for information
against the bank or institution holding the original information.
Client warrants that asset searches are legal and proper in his/her
and subject’s jurisdiction and comply with all applicable laws
(local and state) and Client bears full legal costs in event of suit
and further will hold all information confidential. Client agrees
that use of data obtained from ASI shall be for legal and moral
purposes only and accepts responsibility for its use. Client agrees
to indemnify and hold ASI and its suppliers, employees and officers
harmless from all damage claims or losses suffered by ASI as a
result of possible claims by third parties relating to use of the
data provided by ASI. Client agrees that he intends to use the
information received only for:
I. A commonly
recognized business use whereby the business for which client seeks
the information has a preexisting business relationship with the
subject of the inquiry; OR
II. A use
which will clearly cause no emotional, physical or financial harm to
any person or company, organization or third party which is subject
to the inquiry; OR
III.A use that
is relevant to the subject matter of a documented civil or criminal
action.
Pursuant to
the Fair Credit Reporting Act I (client) have obtained Authorization
from each of the employees’ involved in this active investigation,
and have so advised them that any and all information obtained may
be used against them.
Client,
likewise agrees that they have entered into this online agreement on
their own free will, and understand that all outstanding invoices
are to be paid no later than the fifth day after receiving said
invoice.
Client also
understands and agrees to reimburse ASI for all costs incurred in
connection to an attempt by them to collect on all outstanding
invoices, including but not limited to attorney fees, legal fees and
any other expenses.
Client hereby
having read the foregoing contract accepts and agrees with the terms
and conditions set forth in this agreement / contract. Client
furthermore declares that at time of submitting their Search or
investigation service to ASI, they were under no duress, nor under
any threat of personal safety, and Client’s faculties were not
impaired. Furthermore Client has had ample time to read these Terms
and conditions (service contract), has been given an opportunity to
ask questions, and has legal counsel review said contract before
submitting said contract to ASI.
Client hereby agree that
information obtained through ASI will only be used for the purpose
of:
1) A commonly recognized
business use whereby the business for which Client seeks the
information has a preexisting business relationship with the subject
of the inquiry; or
2) A use which will
clearly cause no emotional, physical or financial harm to any person
or company, organization or third party which is subject to the
inquiry; or
3) A use that is
relevant to the subject matter of a documented civil or criminal
action.
ASI promotes only
responsible use of the information it provides. Therefore we state
to you the client or viewer that: Data obtained from ASI should not
be used in part or in whole to determine a consumer's eligibility
for credit, employment, insurance or any other purpose for which a
consumer report would be obtained. If adverse action is to be taken
against the consumer data subject and the information to be used has
been obtained from ASI, it must be verified from another source
prior to adverse action.
Client agrees that they
will not divulge ASI as the source of any information received
without a court order or under the laws of the United States. In the
event a subpoena or discovery request is issued to the client,
Client agrees to notify ASI as soon as possible. Client shall not
disclose or re-export any information contained in ASI's reports to
any person or location. Information is proprietary and remains
exclusive property of ASI. The client's decision to disclose or
re-export this information is done at his or her own risk. Client
warrants that requested searches are legal and proper in his / her
jurisdiction, as well as that of subject's jurisdiction, and
complies with all applicable laws (local and state) and client bears
full legal costs in event of suit, and further will hold all
information strictly confidential. All information obtained through
ASI or its private investigators is to be used in the course of FCRA approved purposes..
No refunds, exchanges,
or credits will be given to any client for private investigation
services unless ASI fails to provide
information on a legitimate and accurate request, in accordance with
this agreement the client is solely responsible for accurately
filling out the "Order Form" and selecting appropriate search
requests. ASI cannot be held responsible for typos or mistakes given
in the ordering information entered by client. Because all orders
are processed immediately, no cancellations are allowed or accepted
once an order has been submitted. Our fees are based on searches-
not the result of the search. Therefore, both negative and positive
results of searches are considered valid results, and no refunds
will be issued for record searches that return "NO RECORDS FOUND"
Client agrees to
indemnify ASI and its suppliers, employees and officers and
private detectives for all
damages, claims, consequences, or losses suffered by ASI as a result
of possible claims by third parties relating to use of data provided
by ASI. By ordering from ASI, client assumes all related legal
liability, consents to waive all claims against ASI resulting from
searches and agrees to indemnify ASI from any and all claims and
consequences arising out of; found or not found information and from
any and all claims that may result from clients request. ASI shall
not be liable for any special, incidental or consequential damages
of any type. Likewise client attest that they have not
misrepresented themselves, their company, organization or their
purpose for viewing the website or for ordering searches from such.
Client understands that misrepresentation in this agreement may
result in civil and criminal action against them, their
organization, employees and affiliates.
Search discrepancies
must be reported within 10 days. All unpaid fees are subject to 30%
interest from date of invoice, and client consents to suit in
jurisdiction of ASI's choice. Client understands that returned
checks and disputed credit card transactions for valid record record searches will
be charged an additional $60.00 fee.
Client hereby fully
acknowledges, agrees and gives consent to all terms and conditions
as amended by ASI from time to time. All listed turnaround times are
an average, and apply only to business days. No guarantee to "turn
around" times is expressed or implied. In the event ASI anticipates
delay in the delivery of clients order, ASI will attempt to provide
client with as much notice as possible. The client remains
responsible for the full cost of their ordered search. Although
service fees for private investigation services or record searches may change from time to time, your fee for the
requested record search is guaranteed upon submission of your request.
In the event any
provisions of this agreement are held to be invalid or
unenforceable, the remaining provisions of this agreement will
remain in full force and effect.
private detectives and private
investigators - detetivesUSA.com,
2007 - All Rights Reserved
Reproduction of any element of this site is strictly prohibited.
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