Background Criminal Check

BACKGROUND CRIMINAL CHECK AND SCREENING AGREEMENT

Client Name:   Client Address:

Service Provider Name:   Provider Address:

Effective Date:

WHEREAS

WHEREAS, Client engages Service Provider to perform one or more background criminal screening services as described below in order to evaluate suitability for employment, contracting, licensing, or other permissible purposes permitted by law; and

WHEREAS, Service Provider is duly qualified to obtain and compile criminal history information from public records, courts, law enforcement agencies, registries, and other legitimate data sources under applicable law; and

WHEREAS, the parties desire to set forth the terms, conditions, and authorizations under which Service Provider will provide such background criminal check services to Client.

SCOPE OF WORK

The Scope of Work shall include, where selected by Client and permitted by law, searches for criminal convictions, arrests, county-level disposition records, state repository checks, federal registry checks, sex offender registry searches, and alias or identity traces. Service Provider shall exercise commercially reasonable efforts to obtain accurate, up-to-date information but does not warrant completeness of records beyond the information available from source repositories.

PAYMENT TERMS

Delinquent payments shall incur a late fee of or interest at the rate of , whichever is greater, from the date payment was due until paid in full. Client shall also be responsible for reasonable collection costs and attorneys' fees incurred in collecting overdue amounts.

TERM AND TERMINATION

Term Commencement:     Term Expiration:

Either party may terminate this Agreement for convenience upon written notice at least days prior to the effective termination date. Termination for material breach may be immediate upon written notice if the breaching party fails to cure within a commercially reasonable period after receipt of notice.

CONFIDENTIALITY

Each party shall maintain as confidential and shall not disclose to any third party any non-public information obtained from the other party in connection with this Agreement, including candidate personal data and screening results, except as necessary to perform duties under this Agreement, to comply with legal obligations, or as otherwise authorized in writing. Service Provider shall implement and maintain reasonable administrative, physical, and technical safeguards to protect candidate information from unauthorized access, use, alteration, or disclosure.

Client and Service Provider acknowledge their obligations under this Confidentiality clause and agree to comply with applicable privacy and data protection statutes and regulations.

AUTHORIZATION AND RELEASE (APPLICANT)

Applicant Full Name:

Date of Birth:    Last 4 of SSN:

By signing below, Applicant authorizes Service Provider and Client to obtain consumer and/or investigative consumer reports and criminal history information as permitted by applicable law. Applicant releases Service Provider and Client, and their employees and agents, from liability arising from negligent retrieval, compilation, or disclosure of public record information provided the Service Provider acted in accordance with this Agreement and applicable law.

Applicant consents to the background check and the release terms above.

SCOPE SELECTION (CHECK APPLICABLE)

County criminal record searches
State repository criminal record searches
Federal criminal record searches
Sex offender registry search
Alias / identity trace search
Driving record (if applicable and authorized)
Other specified searches:

LIMITATIONS, REPRESENTATIONS, AND INDEMNITY

Service Provider represents that it will perform services in a commercially reasonable manner in accordance with standard industry practices. Client acknowledges that public records may be incomplete or contain inaccuracies and Service Provider does not guarantee the absence of errors in third-party records. Client shall use reports only for permissible, lawful purposes and shall comply with all notice, disclosure, and adverse action obligations under applicable law.

Client agrees to indemnify and hold Service Provider harmless from and against any claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of Client's use or dissemination of background information except to the extent caused by Service Provider's gross negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state specified by Client below, without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any executed addenda or exhibits signed by the parties, constitutes the entire agreement between Client and Service Provider with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

RETENTION AND DESTRUCTION

Service Provider will retain screening records for the period required by applicable law and otherwise shall dispose of candidate information in a secure manner when no longer required to be retained by law or Client instruction.

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