Screening Service Agreement
Trusting Connections, LLC “TC” and (“Client”) hereby enter into this Screening Service Agreement (the “Agreement”).
I. Services
Client desires to utilize TC’s screening services. Screening services are provided to clients who have found a candidate independently. Client understands and agrees that the agency will not refer candidates or make judgments on candidates the Client brings to TC. TC will simply share screening results with Client. Client understands and agrees that the decision whether or not to hire a candidate, rests solely with Client.
II. Payment
Screening services may be purchased separately or as a package. Pricing is outlined in a separate document and varies depending on the type of service provided. All fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement. If any fees or portions thereof are not paid when due, TC will charge interest on the unpaid amount of the fee. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid. If Client’s account is turned over to an agency or other person or entity for collection, all fees and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to Client’s original balance, become payable to TC according to the terms of this Agreement, and Client agrees to pay TC all such fees, costs, and interest. Finally, Client agrees to pay TC any charge TC incurs if Client’s check or other payment is returned or refused for any reason. Client agrees to provide TC with valid payment information. If paying by credit card, Client agrees to provide credit card number, expiration date, security code, and other information and understands that charges by card are subject to a 3% processing fee; understands and agrees that TC shall charge Client’s account for all fees and charges owed to TC if Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement; hereby irrevocably authorizes TC to place charges on said account in accordance with this Agreement; and agrees to pay all such charges and fees billed to Client’s account according to the terms of this Agreement. Client will immediately give TC new payment information and an authorization for the new payment method should Client cancel the account or should Client’s ability to use the account cease for any reason.
All fees are non-refundable, earned in full, and due and payable prior to our staff initiating the screening process. Client understands and agrees that the cost of all screening services covers our staff's time to walk the candidate through the necessary paperwork and steps and coordinate the completion of all ordered tests. We will make every attempt to reach the candidate and ensure compliance with this process but have no control over the candidate following our instructions. The length of this process depends heavily on how cooperative and timely the candidate is as it pertains to following our instructions. We recommend that you confirm the candidate understands and agrees to the tests you are ordering.
III. Client is Candidate's Employer
TC is not a party to any agreement made between Client and a Candidate. Client understands and agrees that the Candidate’s work schedule, compensation, and the method, manner and means of employment and any other terms and conditions of employment, will be determined by Client and Candidate. TC will not be responsible for the Candidate’s direction, supervision, control or compensation, and TC is not the Candidate’s employer or co-employer with Client. Rather, Client will be solely responsible for the Candidate’s direction, supervision, control and compensation, and Client understands and agrees that it is the Candidate’s employer Accordingly, Client understands and agrees that it will be responsible for all employer related taxes, withholdings and all other obligation and requirements according to applicable law.
IV. Confidential Information
TC distributes information obtained on each Candidate only to Client and does not use any information obtained for any other purpose. TC will not solicit any Candidate brought to the agency by a Client. However, he or she will not be prevented from applying with TC should the Candidate decide to do so.
V. Disclaimer/Hold Harmless/Limitation of Liability
Client’s use of TC’s services is at Client’s own risk. Client understands and agrees that the agency will not refer candidates or make judgments on candidates the Client brings to TC. TC will simply share screening results with Client. Client understands and agrees that the decision whether or not to hire a candidate, rests solely with Client. TC assumes no liability or responsibility for, and makes no express or implied guarantees, representations or warranties about, any information, material, (including but not limited to the qualifications or performance of Candidates) it provides to Client. Additionally, TC disclaims all responsibilities for such individuals’ conduct, misconduct, negligence or omissions. Additionally, to the maximum extent permitted by law, Client shall indemnify, defend and hold TC and its owners, agents, employees, officers, directors, representatives, attorneys, and affiliated persons and entities harmless against any damages or liability whatsoever arising out of or in any way in connection with Client’s conduct, negligence, omission(s) or misconduct. In no event shall either party be liable for consequential, incidental, exemplary, punitive, special or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement – excluding Client’s potential financial responsibilities in Section II of this Agreement; the fees, costs and interest related to collections as referenced in Section II of this Agreement; and the indemnity, defense and hold harmless provision in Section V of this Agreement – shall be limited to the payment received by or owed to TC from Client for the screening services. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
VI. Miscellaneous
This agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any action or proceeding commenced regarding this Agreement shall be brought in Pima County, Arizona. This Agreement is entered into by TC and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between TC and Client and supersedes all prior oral and written agreements between TC and Client with respect to the subjects covered in this Agreement. This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and an authorized representative of TC expressly stating an intent to modify or amend this Agreement. Client represents that he or she has carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that he or she has had all such time that he or she desires within which to consider this Agreement; that he or she has had the opportunity to consult with an attorney of his or her own choosing and at his or her own expense to review this Agreement; and that he or she has availed himself or herself of this opportunity to the extent, if any, that he or she wished to do so. The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision of this Agreement may be reformed and, as reformed, enforced by any party to this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Failure or delay on the part of any party to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver of any right, remedy, power or privilege. Each party agrees that the other party is not responsible for any events or circumstances beyond its control (including but not limited to war, riots, embargoes, strikes and or acts of God) that prevent the party from meeting its obligations under this Agreement. Neither party shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party. The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties against one another relating to the subject matter of this Agreement. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. Sections 2, 4, 5 and 6 of this Agreement shall remain in effect even after termination of this Agreement.
The parties hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all its terms and conditions.
