Before you register as a new client, please take a moment to read the Heartland Service Agreement below which outlines our responsibilities to you and covers common administrative issues related to servicing your account. This agreement evidences our commitment to you as a client.
The words “we,” “us,” and “our” refer to the entity from which you have requested Services, and the words “you” and “your” mean you, the individual(s) or entity requesting the Services. “Communication” means any customer agreements or amendments thereto, monthly billing or account statements, notices, responses to claims, transaction history, privacy policies and all other information related to the Services, including but not limited to information that we are required by law to provide to you in writing. Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose, or (4) by requesting you download a PDF file containing the Communication.
You may withdraw your consent to receive Communications in electronic form by calling Ross Jamison at 612-371-9255 or by contact us at rjamison@heartlandinfo.com. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of our Services may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
We will not send you a paper copy of any Communication which is available electronically, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call Ross Jamison at 612-371-9255 or by contact us at rjamison@heartlandinfo.com. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this disclosure and any other Communication that is important to you. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Please read these terms carefully. By selecting "I agree to these terms" at the bottom of this agreement, you acknowledge that you have read and understand this agreement and agree to be bound by its terms and conditions. If you do not agree to these terms, please select "I disagree with these terms" and "Submit."
YOU AGREE THAT BY SUBMITTING INFORMATION ON-LINE OR BY COMMUNICATING WITH US ON-LINE, THE INFORMATION OR OTHER COMMUNICATION IS DELIVERED TO US AS IF IT WERE IN WRITING WITH YOUR SIGNATURE ON IT.
Thank you for asking Heartland Investigative Group to perform investigative services for you.
This agreement (“Agreement”) is a legal agreement between Heartland Investigative Group, whose notice address is contained below and/or any of its affiliates (“our/us/we/Company”) and you, the individual or entity that accepted the terms of this Agreement by either signing below or completing the registration form that includes a box for you to check to indicate your acceptance to the terms of this Agreement (“you/your/Client”). This Agreement is effective as of the date entered on the bottom of this Agreement or as set forth in the registration form (“Effective Date”). If you do not agree to these terms, do not sign this Agreement or check the box indicating your acceptance. By signing or electronically agreeing to these terms, you agree to be bound by the terms of this Agreement. You may print this Agreement at any time by clicking on the “Investigative Services Agreement” hyperlink located on the web site www.heartlandinfo.com (“Website”). The Company and Client are interchangeably and generally referred to herein as “Party” and/or “Parties.”
SCOPE OF ASSIGNMENT
By signing this Agreement, you are hiring us to provide you with our investigative and consulting services pursuant to your request (“Services”). We charge fair value at competitive rates for the type and quality of services rendered. We are very mindful of the importance of keeping expenses at a reasonable level and will endeavor to do so throughout our engagement so long as it will not adversely affect the quality of Services we provide to you. The scope of the assignment may be supplemented via electronic mail confirmed and acknowledged by both Parties.
FEES
An important factor in maintaining your trust and confidence is clearly communicating our billing policy. Our default billing is charged hourly at our current rates stated below or as updated on any subsequent services agreements located on the Website. Additional or variable fees, outlined below, relate to the specific type of Services you request, whether it is investigative, consulting, criminal defense, forensic, employment related, environmental or other type of project. We will on occasion offer different payment options or structures, such as a flat fee, per diem, fee cap or other special arrangements not specifically set forth herein. Any such special arrangements will be discussed with you and billed accordingly. We will discuss our rates and whether Services will be performed on an hourly or flat rate basis prior to beginning any work on your behalf. Such terms will be confirmed via electronic mail.
All rates are subject to change, as our internal allocation of values for investigator time changes periodically to account for increases in our cost of delivering our service, the experience and expertise of the assigned investigator and other economic factors. New rates will become effective during the next billing period after you have been notified of the change. Since it is difficult to accurately estimate how many hours may be expended before commencing work, it is difficult to estimate the fees for any particular Services in advance.
Our default hourly rates are:
| Name of Investigator/Type of Service |
Rate |
| General Investigations |
$125.00 to $250.00 per hour |
| Field work/Surveillance |
$95.00 hour |
| Court appearances, depositions, hearings, etc. |
$135.00 per hour (4 hour minimum, paid in advance) |
| Mileage |
$0.55 to $0.70 per mile |
For projects that last less than one month, we will bill you at the completion of the project. For projects lasting longer than one month, we will provide you with monthly invoices that are based on a calendar month for Services rendered and expenses accrued by the tenth (10th) day of the month following the date the Services are rendered (“Invoice”). You agree to pay the amount due within thirty (30) calendar days of receiving the Invoice. Your payment of the Invoice shall act as a waiver of any right to dispute such Invoice. Any Invoice not paid within forty-five (45) calendar days from the date of the Invoice will be considered in default and subject to a late fee computed daily at a rate equal to the lesser of one and one half percent (1.5%) per month or the highest rate permissible under applicable law. We reserve the right to discontinue Services until your account is brought current. You are responsible for all collection costs, including attorneys' fees, incurred by Heartland for the purpose of collecting past due amounts.
EXPENSES
You are responsible for any expenses accrued by us while providing the Services. Expenses include, but are not limited to any out-of-pocket expenses that we have advanced, internal charges for certain support activities and fees for Services. Advanced costs generally include such items as travel and lodging expenses; postage costs; filing, recording, and certification fees; and other fees charged by governmental bodies. Our internal charges may include such items as long distance telephone tolls, facsimile transmissions, overnight courier services, and charges for photocopying.
During the course of this Agreement, it may be appropriate or necessary to hire third parties to provide Services on your behalf. You provide your consent for us to retain any third-parties required to complete the Services and disclose the information you provide to us to any such third-party. You further agree to pay all fees and expenses accrued by such third-party service providers and in some cases you will be required to submit payment directly to such third-party.
RETAINERS
We may require an advance retainer at any time prior to providing Services in an amount that is appropriate with respect to any specific Services provided. You hereby authorize our affiliates and any collection agencies that collect on any amount due for Services to do the same. We will draw against any retainer funds to satisfy your Invoices, copies of which will be sent to you for your information. We may, from time to time, request additional retainer payments as the original retainer amount becomes depleted. We may request an advance cost retainer (in addition to the fee retainer) when we expect that we will be required to incur substantial costs on your behalf. We will notify you in the event you are required to provide a retainer. We reserve the right to withhold Services until such retainers are received.
TERM AND TERMINATION
This Agreement shall commence on the Effective Date and continue perpetually, unless sooner terminated in the manner set forth in this section (“Term”). This Agreement shall “Terminate” upon the occurrence of any of the following events: 1) Client may terminate this Agreement upon fifteen (15) calendar days prior written Notice; 2) Company may terminate this Agreement at any time provided written Notice has been received by Client; 3) upon a material breach by the other Party which remains uncured for thirty (30) calendar days after written Notice by the non-breaching Party; or 4) mutual written consent between the Parties. Unless otherwise specifically noted in writing, notice of termination refers to one specific project and not the termination of the Services Agreement in general. Upon Termination: 1) all provisions that by their nature must extend beyond Termination, shall survive; 2) Client Information will be returned promptly upon receipt of payment for outstanding fees and expenses. We will retain our own files pertaining to the matter. We reserve the right to destroy or otherwise dispose of any such documents or other materials we retain without further notice to or consent from you.
OBLIGATIONS AND RIGHTS
Client Disclosure and Information Use. You are solely responsible for any liability arising out of or relating to any information you provide to us throughout the Term (“Client Information”). You represent and warrant that: 1) all Client Information is complete, accurate and factual; 2) you have the full authority to provide and use the Client Information as contemplated by this Agreement; 3) our use of the Client Information does not and will not violate any copyrights, trademarks, trade secrets, patents or other proprietary rights of any third party (“Intellectual Property Rights”) or create any liability to any third party; 4) this Agreement does not and will not conflict with or constitute a breach or other violation of any other agreement; 5) your request for Services and/or the disclosure of the Client Information is not a violation of and complies with applicable state and federal laws and regulations, including, but not limited to the Fair Credit Reporting Act (“FCRA”), the Driver Privacy Protection Act (“DPPA”) and the Gramm-Leach-Bliley Act (“GLBA”) (collectively referred to as “Applicable Laws”); 6) the Client Information does not contain any matter that is defamatory or which may cause injury or result in damage to any third party; and 7) the Client Information does not contain any matter that is false or deceptive.
Client Indemnification. You agree to indemnify and hold harmless Company and its officers, agents and employees from any and all damages, including fines, penalties, attorneys’ fees or other liabilities imposed by the Applicable Laws or claimed by any third party which result from or arise out of: 1) our use of the Client Information you provide to us; 2) your breach of this Agreement; and/or 3) your use of any data, reports or documents you receive from us pursuant to this Agreement (“Materials”).
Client Representations and Warranties. You represent and warrant that you have not retained Company or Company’s Services for any improper, illegal or unethical purpose. By engaging Company to perform the Services, you represent and warrant that the subject of the investigation does not have a temporary or permanent restraining order, injunction, order for protection or other type of no contact restriction against you; you are not using Company or Company’s services to aid or abet you in violating any restraining order, injunction, order for protection or other type of no contact restriction. You further represent and warrant that you have not been arrested for, charged with or convicted of any type of stalking, terroristic threats, domestic violence or other type of physical violence, assault, battery or more serious crime involving physical, mental or emotional harm in connection with the subject of this investigation.
Consumer Reports. You represent and warrant that if you request Company prepare any consumer report, as defined by the FCRA, you have complied and will comply with all provisions of the Applicable Laws and you acknowledge and agree to adhere to the obligations set forth in the "Notice To Users Of Consumer Reports: Obligations Of Users Under The FCRA" and the "Summary Of Your Rights Under The Fair Credit Reporting Act" created by the Federal Trade Commission that are incorporated herein by reference and can be found on the Federal Trade Commission’s web site at www.ftc.gov.
In making any request that we provide you with a consumer report about any individual/consumer, you represent and warrant that your request is for a permissible purpose under 15 U.S.C. § 1681b of the FCRA as amended and no other purpose.
You represent and warrant that releases signed by consumers about whom information is requested (where required) are maintained on file in your office. You further represent and warrant that you have completed and returned to us all necessary specific certification documents required by the Applicable Law.
Prior to your first request for a consumer report, you must complete, sign and return all applicable certification forms, such as the “Employment Purpose Certification” or the “Investigative Consumer Reports Certification.” It is your responsibility to provide any certification forms that are required prior to requesting a consumer report.
Employee Investigations. If your Services include a request for certain communications for the purpose of employee investigation, as defined by the FCRA, you represent and warrant that you are an employer seeking information in connection with an investigation of suspected misconduct relating to employment or of compliance with Applicable Laws, the rules of a self-regulatory organization, or any of your preexisting written policies, and not for the purpose of investigating a consumer's credit worthiness, credit standing, or credit capacity. You further represent and warrant that in providing Client Information and requesting that we provide certain communications for employee investigation that you have complied and will comply with all provisions of the Applicable Law.
Compliance with Applicable Laws. Company shall not use any unfair, false, misleading or deceptive practices in violation of any law while performing the Services. Company shall comply with all applicable federal, state, and local laws and regulations with regard to its practices and procedures. Company will employ lawful, ethical and nondiscriminatory means, methods and procedures.
Assignment. Neither party may assign performance under this Agreement without the prior written consent of the other party. Such consent shall not be unreasonably withheld.
DISCLAIMER
WE OBTAIN INFORMATION FROM THIRD PARTY SOURCES, INCLUDING BUT NOT LIMITED TO PUBLIC RECORDS REPOSITORIES IN PROVIDING OUR SERVICES, AND THROUGH THE USE OF THIRD-PARTY VENDORS WHEN GEOGRAPHIC LOCATION, COST AND/OR OTHER ACCESS LIMITATIONS REQUIRE. WE CANNOT ALWAYS INDEPENDENTLY VERIFY INFORMATION OBTAINED FROM THIRD-PARTY SOURCES. THE MATERIALS YOU RECEIVE ARE PROVIDED "AS IS." WE DISCLAIM LIABILITY FOR ANY DAMAGES ARISING OUT OF USE OF, OR INABILITY TO USE, THE MATERIALS, UNLESS OTHERWISE PROHIBITED BY LAW. MATERIALS COMPILED FOR YOU BY US ARE FOR YOUR SOLE AND INTERNAL USE ONLY AND MAY NOT BE REVISED OR RESOLD OR OTHERWISE DELIVERED IN ANY WAY TO ANY THIRD PARTY WITHOUT OUR PRIOR EXPRESS WRITTEN CONSENT.
SURVEILLANCE RISKS
Acknowledgement of Risks. You acknowledge that there are inherent risks in conducting mobile surveillance, recognize the possibility that our agents may be discovered while conducting surveillance, and expressly release us from any consequences, liability or damages arising there from. You also agree that we may terminate or postpone any surveillance at our sole discretion.
No Obligation to Report Whereabouts. Company has no obligation to report to you the whereabouts of the subject of the investigation during surveillance times or at any specific or particular time.
No Contact with Subject of Investigation. You agree that you will not make or attempt to make any contact with the subject of the surveillance at any time while surveillance is underway unless authorized in writing by Company.
CONFIDENTIALITY
It is your responsibility to maintain your Client Information and any Materials we provide to you as confidential. If the Services include the services of an attorney, we shall treat all such Material as attorney-client privileged if directed by your counsel. Company will not disclose any Client Information or Material to any third party unless required by law or pursuant to this Agreement and/or the Services.
INDEPENDENT CONTRACTOR
The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or partner of the other Party. Except insofar as Company has the authorization to engage third parties on Client’s behalf pursuant to the “Expenses” paragraph, neither Party has the right, power or authority to enter into any Agreement for or on behalf of, or to incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create association, joint venture or partnership between the Parties or to impose any partnership obligation or liability on either Party.
GENERAL TERMS
We reserve the right to amend this Agreement without notice to you. You acknowledge and agree that it is your responsibility to review the Website and this Agreement periodically and to be aware of any amendments. If any portion of this Agreement is deemed invalid, void, or for any reason unenforceable, that provision is deemed severed and does not affect the validity and enforceability of any remaining term contained in this Agreement or the Parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein. This Agreement expresses the complete understanding of the Parties with respect to the subject matter and supersedes all prior verbal and written representations and understandings between the Parties. This Agreement may be automatically assigned by Company in its sole discretion. Client may not assign or transfer this Agreement, in whole or in part, without Company's prior written consent. Such consent shall not be unreasonably withheld. The laws of the state of Minnesota, without regard to principles of conflict of laws, will govern this Agreement and both Company and Client submit to the exclusive personal jurisdiction and venue of the state or federal court in Hennepin County, Minnesota. This Agreement may be signed in one or more counterparts but all of which taken together shall constitute one instrument. The waiver of one Party of a breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any subsequent breach. Electronic signatures shall be considered original signatures for the purpose of enforcing this Agreement. All capitalized terms not grammatically required are defined as set forth within quotation marks. Any notice required or permitted to be given under this Agreement shall be sufficient if given: 1) in writing and personally delivered; 2) sent by certified mail, postage prepaid, to the address set forth herein or other notice method as designated in writing between the Parties prior to delivery and shall be effective and duly delivered on the day of personal or courier delivery; or 3) via electronic mail to an authorized representative via electronic mail to the address designated in writing between the Parties prior to delivery and shall be effective and duly delivered upon the sending Party’s confirmation of receiving Party’s receipt of electronic notice (“Notice”).
-
-
