Terms of Use for Background Verification Service/s
These terms are binding on all entities which are in agreement with ProTildo.com to carry out background verification service on their behalf.
SERVICES PROVIDED
ProTildo.com agrees to furnish to personal identifier information (PII), employment references, civil and criminal records, motor vehicle records, credit records, education and credential verification and other background information (“consumer report”) for applicants/employees, as requested by the client. ProTildo.com will use its best efforts to deliver the consumer reports requested in an expeditious manner, however, ProTildo.com shall have no obligation or liability to Client for any delay or failure to deliver consumer reports caused by the parties providing data or information to ProTildo.com, or by any other third-party. ProTildo.com is a lawfully regulated Background Verification Agency for the purpose of providing pre- employment screening information in accordance with all applicable guidelines.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
The consumer report obtained by ProTildo.com is derived from databases and records that have been created and maintained by various government agencies, private companies, and other contributors that are not under the control of ProTildo.com. Responsibility for the accuracy of the information contained in the consumer report and these databases and records rests solely in the contributor. The Client will have to waive any and all claim or claims against ProTildo.com arising out of or related to the accuracy of the consumer report, databases and records.
PAYMENT REQUIREMENTS/COLLECTION
Client agrees to pay ProTildo.com the applicable charges for the various services rendered to Client as specified in ProTildo.com’ employment screening service list, which is subject to change from time to time. Client agrees to pay all applicable charges within thirty (30) days of receipt of the information or consumer report requested. However, all monetary obligations to ProTildo.com for services rendered which are past due fifteen days or more may, at the election of ProTildo.com, bear interest at the rate of eighteen percent 18% per annum. In the event that legal action is necessary to obtain the payment of any monetary obligations to ProTildo.com, the Client shall be liable to ProTildo.com for all costs and reasonable attorneys’ fees incurred by ProTildo.com in collection of such obligations. ProTildo.com has the right to change the payment period according to the client’s credit rating (score) and financial status.
CLIENT’S ACKNOWLEDGMENT OF COMPLIANCE WITH THE LAW
The local and state laws govern the activities of Background Verification agencies, as well as the users of the information procured from these agencies. A consumer report contains information on a job applicant/employee’s character, reputation, and other personal data; therefore, use of such information is strictly regulated by the law. Among other things, the law prohibits employers from obtaining consumer reports unless the employer discloses to the applicant, in verbal or writing, that such a report may be acquired, and may also obtains the written authorization of the applicant/employee to inquire into this background information. The law also requires employers to take additional steps when they make an employment decision based in whole or part on the background information. These steps are intended to give the applicant the opportunity to dispute any information contained in the background or consumer report. Unless requested by a client or by government regulation we may also provide the criminal records for a minimum of three years.
Applicant’s Authorization Obtained: Client certifies that prior to requesting ProTildo.com to provide screening services for employment purposes on an applicant/employee, it has provided the applicant/employee with a clear and conspicuous verbal or written disclosure, consisting solely of the disclosure, that a consumer report is being requested for employment purposes, and it has obtained the verbal or written authorization from the applicant/employer to obtain a consumer report for employment purposes.
Client certifies that before taking adverse action (e.g., refusing to hire or promote an applicant/employee), based in whole or part on information contained in the consumer report, it may:
- Provide the applicant/employee with a copy of the Consumer Report
- Provide the applicant with 15 days time to dispute any information contained in the consumer report.
Adverse Action: Client certifies that after providing the applicant/employee with the Pre-Adverse Action information contained above, and after it has given the applicant/employee “ample time” to dispute the information, the Client will send the applicant a follow-up notification that the Client is taking adverse action (e.g., denying employment or promotion) based on the information contained in the consumer report.
Confidentiality and Use of Information:Client certifies that it acknowledges the sensitivity and confidentiality of the information contained in the consumer report and Client agrees that information obtained from a consumer report will not be used in violation of any applicable state or local equal employment opportunity laws.
Indemnification/Hold harmless:Client acknowledges that it has read and understands the requirements of the agency and Client agrees that it will comply with all such requirements, and Client agrees that it shall defend, indemnify and hold ProTildo.com, its directors, officers, employees, agents, successors and assigns, harmless from any and all claims, liability, costs or damages whatsoever arising out of or related to Client’s failure to comply with the requirements of the law. Client further agrees that it shall defend, indemnify and hold ProTildo.com, its directors, officers, employees, agents, successors and assigns, harmless from any and all claims, liability or damages whatsoever arising out of or related to the accuracy or use of the services or data provided under this Agreement.
ARBITRATION
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration in New Delhi, India in accordance with the local and state laws, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
ATTORNEYS FEES AND COSTS
In the event a dispute arises with respect to these Terms, the party prevailing in such dispute shall be entitled to recover all expenses, including, without limitation, reasonable attorneys’ fees and expenses incurred in ascertaining such party’s rights, and in preparing to enforce, or in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit or submit the dispute to arbitration.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of New Delhi. India.
WAIVER
The failure of either party to insist in any one or more cases upon the strict performance of any term, covenant or condition of these terms will not be construed as a waiver of a subsequent breach of the same or any other covenant, terms or condition; nor shall any delay or omission by either party to seek a remedy for any breach of this Agreement be deemed a waiver by either party of its remedies or rights with respect to such a breach.
SUCCESSORS
These Terms shall inure to the benefit of and bind the heirs, personal representatives, successors, and assigns of the parties.
CANCELLATION
You can cancel the account with ProTildo.com by sending notification in writing two weeks in advance. ProTildo.com recommends that all Disclosure and Release forms must be kept on file in a secure location for a period of at least three (3) months.