The undersigned, by signing this agreement and contract, hereinafter called “Member", agrees to the terms and conditions of the agreement and contract below between the Member and Florida Tenant Reporting Services, Inc. hereinafter called “FTRS". This agreement shall be modified as to the extent necessary to comply with any and all applicable credit disclosure/consumer credit statues, laws, or any modification of revisions thereof.
I. FTRS AGREES:
- To provide criminal reports in Florida and most of the United States. A criminal search is done at the county level, unless otherwise verbally stated - this can change as we update our search procedures. A county is searched when the applicant is known to have lived there. This is not a statewide search. As well, to provide eviction history in the following counties: Lee, Charlotte, Collier, Manatee, Sarasota, Pinellas, Bay, Hillsborough, Orange, Polk, DeSoto, Hendry, Lake, Dade, Broward, Palm Beach, Volusia, St. John's, Hernando, Okaloosa, Escambia, Duval, Seminole, Alachua, Brevard, Gay, Osceola, Highlands, Jackson. Santa Rosa, and Pasco. Additional counties may, and are, added. Out of state searches are available in certain areas as well.
- To provide the necessary forms to be copied for using FTRS services.
II. MEMBER AGREES:
- Use of Information
a. Tenant inquiry reports shall be requested and used only by Member’s designated representatives.
b. Information and services provided by FTRS are to be used solely in connection with transactions for rental application, employment, or criminal searches and shall not be requested for purposes prohibited by law.
c. Member and its employees are prohibited from attempting to obtain information on themselves, associates or any other person except in connection with transactions for rental applications or employment searches.
d. All Information in connection with these services shall be maintained in strict confidence. This information is only to be used by Member and shall not be distributed to any other parties, including the consumer whom the information pertains to, except as otherwise required by law.
e. In particular, member must obtain prior consumer consent for VERMONT & CALIFORNIA and should for all others. See State Compliance Matters- California Retail Seller and Vermont FCRA Certification which requires signatures.
- To provide a decline letter as needed by the Fair Credit Reporting Act if the rental applicant is turned down, or adversely treated in terms of the security deposit or rental contract, because of information obtained from FTRS. Members agree to comply with all requirements of any credit/disclosure/consumer credit statute or Law.
III. NEGATION OF LIABILITY
FTRS shall exercise its best effort to provide the member accurate and reliable information. However, FTRS does not guarantee the correctness or completeness of the information. Neither FTRS, its officers, employees, agents or representatives shall be held liable for any claim, injury, nor damage as a result of supplying information or services.
- Equifax Information Services will be requested only for Subscriber’s exclusive use and held in strict confidence except to the extent that disclosure to others is required or permitted by law. Only designated representatives or Subscriber will request Equifax Information Services on Subscriber’s employees, and employees will be forbidden to obtain report on themselves, associates or any other persons except in the exercise of their official duties. Subscriber will not disclose Equifax Information to the subject of the report except as permitted or required by law, but will refer the subject to Equifax.
- Subscriber will hold Equifax and all its agents harmless on account of any expense or damage arising or resulting from the publishing or other disclosure of Equifax Information by Subscriber, its employees or agents contrary to the conditions of Paragraph 2 or applicable law.
- Recognizing that information for the Equifax Information Services is secured by and through fallible human sources and that, for the fee charged, Equifax cannot be an insurer of the accuracy of the Equifax Information Services, Subscriber understands that the accuracy of any Equifax Information Services received by subscriber is not guaranteed by Equifax, and Subscriber releases Equifax and its affiliate companies, affiliated credit bureaus, agents, employees and independent contractors from liability, even if caused by negligence, in connection with the Equifax Information Services and from any loss or expense suffered by Subscriber resulting directly or indirectly from Equifax Information.
- Written notice by either party to the other will terminate this agreement effective ten (10) days after the date of that notice, bur the obligations and agreement set forth in the second, third and fourth paragraph will remain in force.
- Fair Credit Reporting Act Certification. Subscriber certifies that it will order Equifax Information Services that are consumer reports, as defined by the Federal Fair Credit Reporting Act 15 U.S.C 1681 et seq (“FCRA"), only when subscriber intends to use that consumer report information (a) in accordance with the FCRA and all state law counterparts" and (b) for one of the following permissible purposes: (i) in connection with a credit transaction involving the consumer on whom the consumer report is to be furnished and involving the extension of credit to,. Or review or collection of an account of, the consumer; (ii) in connection with the underwriting of insurance involving the consumer; (iii) as a potential investor or services, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; (iv) when subscriber otherwise has a legitimate business need for the information either in connection with a business transaction that is initiated by the consumer, or to review an account to determine whether the consumer continues to meet the terms of the accounts; or (v) for employment purposes; provided, however that SUBSCRIBER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER REPORTS FOR EMPLOYMENT PURPOSES UNLESS SUBSCRIBER HAS A SUBSCRIPTION TO THE EQUIFAX PERSONA SERVICE. Subscriber will use each consumer report ordered under this Agreement for one of the foregoing purposes and for no other purpose.
- Limited DTEC and limited ID Certification. Subscriber certifies that it will order and use Limited-ID or Limited DTEC reports in connection with only one of the following purposes involving the subject of the report and for no other purpose: (a) to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability; (b) for required institutional risk control or for resolving consumer disputes or inquiries; (c) due to holding a legal or beneficial interest relating to the consumer; (d) as necessary to effect, administer or enforce a transaction to underwrite insurance at the consumer's request, for reinsurance purposes or for the following purposes related to the consumer's insurance: account administration reporting, investigation fraud prevention, premium payment processing, claim processing, benefit administration or research projects; (e) persons acting in a fiduciary or representative capacity on behalf of and with the consent of, the consumer or (f) as necessary to effect, administer, or enforce at transaction requested or authorized by the consumer, including location for collection of a delinquent account.
OBLIGATIONS OF ALL USERS OF CREDIT REPORTS
a) End Users must have a permissible Purpose
b) Users must provide Certifications
c) Users must notify consumers when Adverse Actions are taken
IV. INDEMNIFICATION
Member shall defend, indemnify and hold harmless FTRS, its officers, employees, agents, and representatives from and against any and all liabilities or damages and all costs and expenses, including reasonable attorney’s fees, in settling, defending or otherwise responding to any claim or litigation resulting from information, or by Member's improper use of information, supplied by FTRS.
V. TERMS AND FEES
Some counties in Alabama, Arkansas, California, Colorado, Florida, Hawaii, Illinois, Louisiana, Maine, Michigan, Mississippi, Montana, Nevada, New Hampshire, New York, South Dakota, Tennessee, Vermont and Wyoming assess surcharges for access to county records and they will be passed on to the customer.
Volume discounts can be negotiated.
VI. CANCELLATION
- Member or FTRS can cancel this contract upon 10 days prior notice.
- If member is guilty of violating the terms of this agreement and contract, FTRS may discontinue service to Member and cancel the contract immediately by written notice to the Member.
VII. LENGTH AND RENEWAL OF CONTRACT
- This contract shall be for one (1) year and automatically renew for an additional year unless cancelled.