Legal ID Theft Protection Documents

Legal ID Theft Protection Agreement

This Identity Theft Protection Agreement ("Agreement") is entered into as of by and between Service Provider: with principal address , and Client Name: with address .

RECITALS

WHEREAS, Provider is engaged in the business of providing identity theft prevention, credit monitoring, identity restoration and related services to assist individuals who may be subject to identity theft and fraud; and

WHEREAS, Client desires to retain Provider and Provider agrees to provide identity theft protection services under the terms and conditions set forth in this Agreement; and

WHEREAS, Client will provide reasonably necessary personal information and authorizations to permit Provider to perform the services described herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

"Services" means the identity theft protection, credit monitoring, fraud alerts, identity restoration, credit freeze assistance, and ancillary assistance expressly described in Section 2 below.

2. SCOPE OF SERVICES

2.1 Monitoring and Alerts. Provider will monitor Client's credit and identity indicators as described in the selected service plan and will provide timely alerts to Client of suspicious activity. Client acknowledges monitoring is subject to the availability and limitations of data sources.

2.2 Identity Restoration. If Client becomes a victim of identity theft, Provider will assign a case manager to assist Client in investigating, documenting, and restoring Client's identity, which may include contacting credit reporting agencies, creditors and governmental entities on Client's behalf as authorized in Section 6.

2.3 Credit Freeze and Fraud Alert Assistance. Provider will assist Client with requesting fraud alerts and credit freezes/unfreezes at Client's direction, subject to the procedures and laws applicable to such requests.

2.4 Optional Services. Client may elect one or more optional services by marking the applicable selections below. Selections and associated fees will be incorporated by reference into this Agreement.

Credit monitoring Identity restoration Credit freeze assistance Notary or documentation assistance Ancillary fraud insurance

3. CLIENT INFORMATION AND AUTHORIZATIONS

Client authorizes Provider to act as Client's agent solely for the purpose of performing the Services and to obtain and review Client's credit reports, transaction data, and public record information where necessary to provide the Services. Client acknowledges that such authorizations are limited to the scope reasonably necessary to provide the Services.

4. FEES AND PAYMENT

Client shall pay Provider the fees set forth below in accordance with the selected service plan. Fees are non-refundable except as expressly provided in this Agreement. Provider may suspend Services for nonpayment after providing written notice in accordance with Section 9.

5. TERM AND TERMINATION

5.1 Term. The initial term of this Agreement shall commence on the effective date and shall continue for a period of months, and thereafter shall automatically renew for successive periods of equal duration unless either party provides written notice of nonrenewal at least thirty (30) days prior to the end of the then-current term.

5.2 Termination for Cause. Either party may terminate this Agreement upon material breach by the other party if such breach remains uncured for thirty (30) days following written notice specifying the nature of the breach.

6. PROVIDER OBLIGATIONS

Provider shall perform Services in a professional manner consistent with industry standards. Provider will maintain reasonable administrative, technical and physical safeguards to protect Client information and will comply with applicable laws in performing Services.

7. CLIENT OBLIGATIONS

Client shall promptly provide accurate information and documentation reasonably requested by Provider to investigate suspected identity theft and to exercise the rights and remedies described herein. Client authorizes Provider to communicate with third parties as necessary to perform Services.

8. CONFIDENTIALITY AND DATA USE

Provider will treat Client information as confidential and will not disclose Client personal information except as authorized by this Agreement, required by law, or necessary to perform Services. Provider may use anonymized aggregate data for service improvement provided Client is not identifiable.

9. LIMITATION OF LIABILITY; INDEMNIFICATION

9.1 Limitation of Liability. EXCEPT FOR LIABILITY ARISING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, PROVIDER'S TOTAL LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY CLIENT TO PROVIDER FOR THE SERVICES DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL PROVIDER BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

9.2 Indemnification. Client shall indemnify, defend and hold harmless Provider from and against any third-party claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising from Client's breach of this Agreement, negligent or willful acts, or false representations to Provider.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by personal delivery, recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as a party may designate by notice pursuant to this Section.

11. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any breach or default shall be a waiver of any other or subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to conflict of law principles. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. MISCELLANEOUS PROVISIONS

13.1 Assignment. Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign this Agreement to an affiliate or in connection with a sale of substantially all of its assets without Client consent, provided that the assignee assumes Provider's obligations hereunder.

13.2 Records and Cooperation. Client agrees to cooperate fully with Provider in any investigation and to provide truthful information. Provider will maintain records of Services performed for a period consistent with Provider's record retention policies and applicable law.

ACKNOWLEDGMENTS

Client acknowledges receipt of a copy of this Agreement and represents and warrants that Client has the authority to enter into this Agreement and to provide the authorizations set forth herein.

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