
Terms and Conditions
USES - Background check information can only be purchased through eTenantScreen for pre-employment screening purposes with the applicant's full knowledge and authorization of such background checks. Client acknowledges that a signed release is on file for any background check provided.
RELATIONSHIP OF THE PARTIES - eTenantScreen shall at all times remain an independent contractor and shall have exclusive control of its employees and subcontractors.
PAYMENTS - Per transaction fees for background research services are set forth herein do not include applicable taxes. Such taxes will be added to the charges for Services. All Payments shall be due and payable upon background check completion via credit card unless other arrangements have been made.
WARRANTIES - eTenantScreen agrees to perform Services in a professional manner. Pursuant to eTenantScreen' disclosure of personal and/or employment information, and/or a report(s) regarding the accuracy of written information provided by the employment candidate(s), the parties agree that no representations or warrantees, express or implied, are made as to moral character, professional reputation, abilities or qualifications of employment candidates. eTenantScreen is not responsible for the integrity of the data used, generated, or supplied by the Client and its affiliates. Client acknowledges that information provided by eTenantScreen is subject to the accuracy of the data sources from which the information is compiled. Research data is acquired from the most current information sources available at the time, and no results can be guaranteed.
LIMITATION OF LIABILITY/REMEDIES - The liability of eTenantScreen for direct damages arising hereunder, whether in contract, tort or liability, shall not exceed, in the aggregate, the total of sums paid by Client to eTenantScreen during the Term of the Background Research Services Agreement. IN NO EVENT SHALL eTenantScreen BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE - eTenantScreen shall be excused from delay in the performance of any obligations hereunder when such delay is the result of or attributable to acts of God, governmental authority, manufacturers delays or any other cause beyond their reasonable control.
INDEMNIFICATION - Client agrees to indemnify and hold the other party harmless from and against any and all third party claims, demands, actions, losses, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or resulting from the client's (or their employees' and agents') actions under this agreement.
CONFIDENTIALITY - Client agrees that any and all information identified by the other as "Confidential" and/or "Proprietary" will not be disclosed to any third party without the express consent of eTenantScreen.
JURISDICTION - This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.
SEVERABILITY AND NO WAIVER - If any provision of this Background Research Services Agreement becomes invalid or unenforceable under any applicable law, then it shall be deemed modified to the extent necessary in order to render such provision valid and enforceable. If such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of the same or any other provision hereof. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
ENTIRE AGREEMENT - The parties agree that the terms and conditions contained herein, and the body of this Agreement, supersede all proposals or prior agreements, oral or written, including but not limited to purchase orders, letters of intent and letters of understanding, and all other communications between the parties relating to the subject matter of this Agreement. Furthermore, any modification of this Agreement shall be in writing and signed by authorized representatives of eTenantScreen. eTenantScreen shall proceed with such modification based upon written agreement as to adjustments to price, work description, and/or schedule.
NOTICES - All notices, authorizations, and requests in connection with this Agreement shall be addressed as follows: eTenantScreen · 2807 Allen ST. #730 · Dallas, Texas 75204.