Dirt Intel Terms and Conditions
SECTION A – General Provisions
- By submitting an intake, accepting terms of services, making payment for services, or otherwise engaging Dirt Intel LLC (“DI”) you or your agent on your behalf (“Client”) agree to the following terms and shall be legally bound to this service contract.
- Requested Services:
- CLIENT retains DI to perform information brokerage and research services specifically described in the Order Form (the “Services”). CLIENT agrees to all fees and costs hereinafter incurred as a result of DI’s performance of the Services.
- CLIENT agrees that DI is empowered to perform the Services for and on behalf of CLIENT, and to do all things necessary, appropriate, and/or advisable in performing the Services for and in the best interests of CLIENT.
- DI offers various types of information brokerage and research services, including but not limited to bank searches and due diligence research. CLIENT has engaged DI to provide the appropriate scope of Services as determined based on client case goals provided in the Order Form. DI will determine how to provide the Services in its sole discretion.
- No illegal or unethical services will be knowingly provided by DI. CLIENT certifies that they are not requesting illegal services.
- DI performs Services in compliance with all the provisions of the Gramm-Leach-Bliley Act (GLBA) and the Fair Credit Reporting Act (FCRA). Therefore, for bank account searches, CLIENT must have a permissible purpose to make the inquiry. The permissible purposes include: 1) Debt Collection 2) Judgment Collection 3) Authorized Matrimonial Investigation 4) Authorized Estate Investigation 5) Child Support Collection 6) Court order or subpoena 6) Authorized Employment Background 7) As a potential investor or servicer or current insurer in connection with a validation or, an assessment of the credit or prepayment risks associated with, an existing credit obligation 8) Credit transaction involving extension of credit to the consumer or review or collection of an account 9) Determination of consumer’s eligibility for a license or other benefit granted by a government instrumentality required by law to consider an applicant’s financial responsibility or status 10) By written permission of the consumer to whom it relates 11) Underwriting of insurance involving the consumer 12) Legitimate business need for the information 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 account.
- CLIENT confirms and warrants that CLIENT has a permissible purpose to make the inquiry under the GLBA.
- To further maintain compliance with GLBA, DI does not report account numbers. CLIENT will be given the name and location of the financial institution and a description of the accounts in that institution and the most recent balance.
- DI cannot guarantee provision of bank balances in Section 2(g), as there may be opt out agreements between a bank and their customer on file, which would make the balance illegal to access.
- CLIENT agrees that it is not permitted to share information received from DI as a result of performance of the Services.
- CLIENT agrees that the information received from DI as a result of performance of the Services is for fact-finding purposes only and is not admissible in court.
- Due Diligence:
- DI agrees to conduct the investigation with due diligence to protect the interests of the CLIENT and to the best of the DI’S ability. All expressions made relative thereto are matters of DI’s opinion only.
- No Warranties or Guaranties: Neither DI nor its employees or agents have made any warranties or guaranties as to the success of the Services requested. Due to the nature of DI’s Services, no warranties or guaranties can be given as to the success or quality of the results achieved. CLIENT understands that DI’s Services by their nature are limited by time, resources and circumstances. The information obtained may not be that which is desired or in the favor of the CLIENT.
- DI does warrant that all work fees that are billed will be performed on behalf of the CLIENT and that no charges will be made for work that is not performed unless otherwise contractually agreed to in advance.
- CLIENT states and affirms that any evidence, information, materials, media, computers, other similar items etc. provided to the DI in conjunction with this matter were lawfully obtained and the CLIENT is the legal owner or guardian with the authority to provide any such evidence, documents, information, items etc. to the DI.
- Work Product:
- DI will generate reports for the Services in a timely manner given the CLIENT’s account is not in arrears. The CLIENT will be supplied with supporting documentation and/or material as it becomes available to the extent it is legally permissible to provide such documentation and/or material to CLIENT. Every reasonable effort will be made to ensure that the quality of the information will be accurate.
- Original notes or documents considered “work product” will not be released and remain the property of DI. Only the written report is released to the CLIENT as well as copies of documents or similar materials.
- DI reserves the right to withhold any and all reports pending payment in full and bank clearance thereof.
- DI is not responsible for any damages or negative effects from reports being withheld due to the CLIENT’s failure to meet the above mutually agreed upon conditions.
SECTION B – FEES AND EXPENSES
The CLIENT agrees to pay DI for its time, materials and service fees as follows:
- Work is typically performed following an advance payment, by either check or credit card, as pre-payment for work to be done, and expenses to be incurred, under this agreement. Funds are not held in trust.
- Advance payments are non-refundable.
- To the extent that an advance payment is for work to be performed on a “time basis”, DI may refund such advance payment if the actual time is less than estimated by DI. However, such refund shall be at DI’s sole discretion.
- DI may request additional “top-up” payments if additional time is needed or additional Services are requested.
- The CLIENT agrees that DI is engaged solely by CLIENT. CLIENT is solely responsible for payment. If you are an attorney, legal counsel or other similar contracted party, payment is required as specified within this agreement regardless of your CLIENT’s ability and/or willingness to pay and/or result of any litigation the Services may be in support of.
SECTION C – PERIOD AND CONDITIONS OF SERVICE
- Period of Service: This agreement is valid for the duration of the Services or until such time as it is canceled by either party by written notice to terminate the agreement. No termination shall prejudice DI rights to collect payment for Services as set forth in Section B.
- DI will make every effort to accommodate CLIENT’s needs and preferences, subject to existing legal and contractual obligations.
- Responsibility to Cooperate: All parties agree to timely actions and produce information and documents as is reasonably necessary to carry out the scope of this agreement.
- Client Misrepresentation: CLIENT attests that they have not misrepresented themselves, the company, organization or purpose for requesting the services that DI provides. CLIENT understands that misrepresentation in this agreement, in DI’s sole opinion, may result in civil and criminal action against the CLIENT and/or their organization as well as forfeiture of any and all monies paid to DI.
- DI reserves the right to refuse or terminate service to the CLIENT for any issue of security, safety, unlawful, unethical or immoral reasons, or in DI’s sole opinion detrimental to DI. CLIENT will forfeit any and all funds that may have been paid to DI pertaining to this case if any information is discovered, by the sole determination of DI, to be false, misleading, or compromising the ethical and/or legal obligations of DI, or if it is learned that the Services are in support of an illegal activity.
- DI will perform Services in compliance with state and federal laws, regulations and best practices.
SECTION D – CONFIDENTIAL INFORMATION
- Access to and protection of CLIENT’s Confidential Information: DI acknowledges that in the course of this agreement it may have access to confidential and proprietary information of the CLIENT and agrees not to disclose any information without prior consent of Client or by Court Order. Any information obtained as a result of performance of the Services will only be released to the CLIENT or their designated representative, or Court Order, and will otherwise remain confidential information.
- Indemnification of DI from CLIENT Provided Information: CLIENT agrees to indemnify and hold DI harmless against all claims arising out of or related to any information which the CLIENT provides to DI prior to or during the course of the Services provided.
- Indemnification of DI from its Services or Information Provided: CLIENT agrees to indemnify and hold DI harmless against all claims arising out of or related to the services of DI or information provided by DI herein EXCEPT for those arising from DI’s Intentional and Wrongful acts.
- CLIENT agrees that as a result of becoming a CLIENT of DI, “Certain Information” as it relates to the practices and procedures of DI may become known and that CLIENT specifically agrees that they will hold any such information as confidential, not to be discussed with anyone outside the scope of this agreement.
- CLIENT acknowledges that provision of the Services will be or could be greatly damaged if the subject(s) of any research were to become aware of the activities of DI relative to the research and therefore agrees to keep our relationship confidential at all times. FAILURE TO KEEP OUR RELATIONSHIP CONFIDENTIAL SHALL RESULT IN FORFEITURE OF ANY MONEY PAID TO DI – NO REFUND WILL BE GIVEN.
- Accuracy of Information Sources: Search reports are performed strictly by the information provided on the subject by the CLIENT. Any error in spelling, format or sequence of letters, words or numbers can result in wrong information on the subject. Data is supplied from different private sources, computer systems, public information facilities, government open record institutions and might also contain confidential source information. All attempts are made to maintain the integrity of this data. DI cannot be held liable for inaccuracies contained in public record information or databases accessed. Furthermore, information has been gathered from sources and individuals deemed reliable by DI; however, no guarantee, warranty, or other representation is made as to the accuracy of information received from third parties, or its suitability for any particular purpose. If the information reported is not “Original Source” information, it is strongly recommended that any information gathered is cross referenced with “Original Source” information.
- Responsible Use of Information: DI is NOT a consumer reporting agency. DI promotes the responsible use of the information that it provides and reserves the right to withhold information for which DI deems is outside the scope of a permissible purpose or otherwise defined by state and federal law and/or regulation. “Confidential Information” shall not include such information as is or becomes part of the public domain through no action of DI. The CLIENT is responsible to safeguard the information provided from unauthorized third-party disclosure as defined by the GLBA (as described above), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA) and Right to Financial Privacy Act (RFPA) and applicable state and federal laws and regulations. It is incumbent upon the CLIENT and their representatives to be fully knowledgeable about such laws and regulations and/or seek legal counsel prior to dissemination of reported information. Furthermore, the CLIENT affirms the information requested and/or learned during the research is not to be used for harassment, stalking, intimidation, threatening or any other illegal purpose(s).
SECTION E – OTHER PROVISIONS
- Entire Agreement, Modification & Assignment: This instrument constitutes the sole and entire agreement between the parties except when modified in writing, signed by both parties and attached as part of this agreement. CLIENT agrees that DI may assign this agreement to a sub-contractor in part or whole to complete this assignment, but at all times, DI will continue to meet the terms and conditions of this agreement.
- Binding Effect & Terminology: This agreement is binding for the benefit of and upon the parties hereto, their heirs, executors, assigns, legal representatives, and successors. As to terminology, the context may require in this agreement, singular shall mean plural and vice-versa. Terms used in the plural serve as function words and do not denote a number but the CLIENT as an individual or entity.
- DI Expertise: DI is not a law office and therefore does not provide legal advice, nor does it provide financial, insurance or personal counseling services. DI is not a licensed private investigator and does not perform investigations. Any opinions expressed by DI do not constitute, reflect, or guarantee future outcomes or results. CLIENT is encouraged and advised to seek expert and professional advice in these areas.
- Acceptance of Agreement: This agreement does not become valid until such time as it is accepted by both the CLIENT and DI, indicated by intake submission and confirmation, payment to DI, or any other reasonable and common indicators of engagement of DI or CLIENT.
- Crime Policy: If at any time the DI feels that there is a probability that a criminal act will take place in the future or discovers any evidence that a crime has been committed by the client or anyone related to the course of the performance of the Services it will be reported to the proper authorities and may result in this agreement being terminated. No refund for services will be offered.
- Choice of Law/Jurisdiction. This agreement shall be governed by the laws of the State of Michigan. DI and CLIENT agree, and CLIENT submits to, the exclusive jurisdiction of the federal and state courts in and for Oakland County, Michigan, for the resolution of any disputes arising from or related to this Agreement, and CLIENT hereby waives any defenses it may have before such courts based on lack of personal jurisdiction or inconvenient forum.
This being our agreement, I, the CLIENT, hereby authorize the performance of the Services and agree to the terms and conditions listed herein. I hereby certify and affirm that the information supplied to DI is true and accurate to the best of my knowledge at this time. I further represent and affirm that I am authorized to order, financially contract and responsible for contracting Services requested in the Order Form.