We're Ready!

Please carefully read the Terms and Conditions of the MBI Consumer Reports User Agreement.:
SUBSCRIBER APPLICATION AND SERVICE CONTRACT

In compliance with Public Law 91-508 (the Fair Credit and Reporting Act), as amended by Public Law 104-208, Title II (the Consumer Credit Reporting Reform Act of 1996), I/We hereby petition Midwest Backgrounds, Inc (dba: MBI Worldwide), for use of its services under the terms and conditions stated below. MBI Worldwide has access to consumer reports from one or more consumer credit reporting agencies.

Subscriber has a need for consumer credit information in connection with the evaluation of individuals for employment, promotion, reassignment or retention as an employee.

I. THE SUBSCRIBER AGREES:

1. To comply with all provisions of Public Law 91-508 (the Fair Credit Reporting Act), as amended by Public Law 104-208, Title II (the Consumer Credit Reporting Reform Act of 1996;

2. Subscriber shall request Consumer Report for Employment Purposes pursuant to procedures prescribed by Reseller from time to time only when it is considering the individual inquired upon for employment, promotion, reassignment or retention as an employee, and for no other purpose.

3. Subscriber certifies that it will not request a Consumer Report for Employment Purposes unless:
   A. A clear and conspicuous disclosure is first made in writing to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes;
   B. The consumer has authorized in writing the procurement of the report; and
   C. Information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.

4. Subscriber further certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide the consumer:
   A. A copy of the Consumer Report for Employment Purposes; and
   B. A copy of the consumer&rsquo;s rights, in the format approved by the FTC, which notice shall be supplied to Subscriber by Reseller.

5. Subscriber agrees that it shall use Consumer Report for Employment Purposes only for a one-time use, and to hold the report in strict confidence, and not to disclose it to any third parties not involved in the current employment decision.

6. Subscriber will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.

7. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, Reseller may, upon its election, discontinue serving the Subscriber and cancel this Agreement immediately.

8. To hold in strict confidence any and all information, whether oral or written, furnished to the Subscriber by the Vendor.

9. The Subscriber agrees to and hereby does indemnify and hold the Vendor, its directors, officers, agents, affiliates and employees, free and harmless from and against all claims, demands and liability arising or resulting from or associated with the Vendor&rsquo;s provision of services pursuant to this Agreement except as limited in Paragraph II. 4. Herein, including, but not limited to all fees and costs associated with retention of experts, attorneys and consultants for any negligent or intentional acts or omissions of the Subscriber, its directors, officers, agents, affiliates, and employees in the rendering of services as described herein.

10. The Subscriber agrees to give sixty (60) days written notice prior to ending the Subscriber-Vendor relationship.

11. The subscriber Account Number shall be publicized only to personnel on a need to know basis. Subscriber account number at no time be posted or otherwise publicly displayed.

12. Account Number shall never be released by telephone to any unknown caller, even if the caller claims to be a MBI Worldwide employee. MBI will never call you for your password.

13. Subscriber login and password shall be provided only to the specific individual designated by the subscriber as the principal account administrator. The subscriber shall be responsible for authorizing and issuing user passwords to each individual to access the system.

14. Hard copies of the consumer reports are to be securely stored and protected against release or disclosure to unauthorized personnel.

II. THE VENDOR AGREES:

1. To furnish consumer reports as requested by the Subscriber;

2. To keep its information confidential in accordance with Public Law 91-508 (the Fair Credit Reporting Act), as amended by Public Law 104-208, Title II (the Consumer Credit Reporting Reform Act of 1996);

3. Follow quality assurance/control procedures to assure accuracy of the information contained in a consumer report and to maintain procedures designed to confirm, to the extent possible, that the reported public record information is complete and current (MBIworldwide is not responsible for court house errors or the final identity of the applicant).

4. Re-Verify at no cost any disputed consumer report when either the subscriber or the applicant makes a request in accordance with applicable law.

5. Vendor indemnifies and holds harmless the Subscriber for any deliberate or intentional tortious act or omission of the Vendor in the rendering of services as described herein.

6. MBI Worldwide shall maintain comprehensive general and liability insurance for all agents, employees, and independent contractors of MBI Worldwide, with limits that shall not be less than One Million Dollars ($1,000,000.00 per claim) a Two Million Dollars ($2,000,000.00) annual aggregate policy limits.

III. TERM:

1. The term of this Agreement shall take effect on todya's date, 2011  and shall expire if either party notifies the other of its intent to terminate this agreement at least 60 days prior to the end of the service.

IV. PRICE AND PAYMENT FOR SERVICES:

1. The prices for the services are set forth within the proposal submitted by MBI Worldwide. These prices are guaranteed for the term of the agreement.

2. Subscriber shall pay MBI Worldwide  within 15 days following the date of each invoice for services and other amounts owing MBI Worldwide hereunder. Any amounts not timely paid by subscriber shall be subject to an interest charge of 1.5% per month.

V. MUTUAL AGREEMENTS:

1. The Subscriber and the Vendor MUTUALLY AGREE recognize and acknowledge that the Vendor will have access to certain confidential information. The Vendor agrees to not disclose any such confidential information to any person, firm, corporation, association or other entity, either during or after the terms of this Agreement, except as required by state or federal law or as required in cooperation with any state or federal court order or governmental/regulatory agency that is authorized to receive said information. Any breach of the terms of this paragraph constitutes a material breach of this Agreement

2. The Subscriber and the Vendor MUTUALLY AGREE that if the Subscriber is delinquent in payment of a monthly statement, or if the Subscriber violates any of the terms of this Agreement, the Vendor may, at his sole election, terminate services to the Subscriber under this Agreement and cancel the Agreement immediately by providing written notice to the Subscriber. In addition, the Vendor may and shall pursue civil remedies for any nonpayment or breach by the Subscriber.

VI. AMENDMENTS:

1. This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties hereto.

VII. SEVERABILITY:

1. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provision shall continue to be valid and enforceable.

VIII. WAIVER OF CONTRACTUAL RIGHTS:

1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation on that party&#39;s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

IX. ENFORCEMENT:

1. In the event of a breach or threatened breach of Paragraph I. of this Agreement by the Subscriber or of Paragraph II. of this agreement by the Vendor of Paragraph V. by either party, the non-breaching party shall be entitled to an injunction restraining such threatened or actual breach. If either party seeks legal action to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all reasonable legal fees, costs and expense incurred in enforcing any such provision or term from the other party.

2. This agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Illinois, without regard to the conflicts of laws principles thereof, and the parties agree that any action, suit, or proceeding arising out of or related to this agreement shall be filed in the Circuit Court of the First Judicial Circuit of Illinois, Williamson County.

The following information is true and correct and shall be used by the Vendor for the purposes of this Subscriber Application/Service Contract.

1. TYPE OF COMPANY:

I/We verify we are either a corporation, partnership, sole proprietorship or a not for profit. 

1. OWNERS AND/OR OFFICERS OF THE COMPANY:
I/We certify that the owner and/or officers of the company are giving authorization to enact this service agreement.

IMPORTANT NOTICE

If you, the Subscriber, use the Vendor consumer report information in the employment decision, please disclose the following address information on your correspondence when directing consumers:

Midwest backgrounds, Inc (dba: MBI Worldwide)
Consumer Rights Division
P.O. Box 35 / Carterville, Illinois 62918 / (618) 942-8808 / http://www.mbiworldwide.com

I HEREBY ACKNOWLEDGE that I agree to abide by the terms and conditions under this Subscriber Application/Service Contract as stated herein. In addition, I warrant that all information provided by MBI Worldwide, will be used only for prospective employment/member screening purposes. I acknowledge that the Fair Credit Reporting Act provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under Title 18, or imprisoned, or both.
Client Login

Account Setup
