TERMS & CONDITIONS
Private Detective Services – Private Investigation Services
Upon submission of my Private Detective Services request to onlinepi.com, I " Client" understand, acknowledge and agree that I have retained the services of ASI, Inc., (hereinafter "ASI") for the purpose of fulfilling my request for the applicable fee. I do hereby guarantee to ASI, that I have submitted my valid credit card information in order to pay such fee, or will immediately mail such payment in full to ASI if I have been approved for billing terms. I understand that ASI will conduct my service immediately upon their receipt of my valid credit card information or a check or money order for the applicable fees.
ASI may subcontract the work to be performed under this agreement at its own discretion.
SURVEILLANCE AND OTHER FIELD INVESTIGATION SERVICES
The client hereby agrees to employ ASI., it’s agents and employees, for the consideration of a non-refundable retainer, to undertake certain investigative duties.
In addition, if the client decides to terminate this Private Investigation Service or otherwise not pursue this action, the retainer mentioned above is non-refundable, consideration of which the initial interview/ consultation and investigator’s agreement to initially accept employment subject to terms of this agreement.
Client will have 20 days in which time to use the retainer at the Flat Rate or Hourly Rate agreed. Furthermore, that the Investigation must be completed within the 20 days from this date, or otherwise the retainer is forfeited.
All surveillance or Private Investigation Services shall be conducted at the agreed upon flat rate or hourly rate set on the “Surveillance Order “ form (per agent) plus any other justifiable expenses incurred while in the performance of the investigation. Time beginning upon departure from the agency office and terminating upon return to the agency office, not including mileage, or justifiable expenses and that no guarantee of results is given. The client understands that all justifiable expenses shall include, but are not limited to; long distance telephone calls, postage, parking fees, reproduction costs, travel expenses , phone calls to the Detective Agency from client , and all other disbursement necessary to the proper performances of the investigation . ASI will perform the described services for the client and will charge for these services at the agreed hourly or flat rate unless the agency waives such fees. These charges will be credited against the retainer.
Note: There is a Five (s) Hour Minimum per day (per agents) plus one (1) hour added charge for travel time per each day of service / surveillance (per agent) on surveillance related cases or field investigations.
Each court appearance, interview, consultation, drafting and preparation of paper work, telephone calls, whether with the client or not, unanswered calls to the client, research, calls or meeting with experts and/or witnesses, and any preparation connected with the investigation will be billed on an hourly rate of $98 per hour with the minimum time charged of 10 minutes .
Those fees due (less retainer already received) will be paid upon completion of this assignment; or upon either ASI’s or client’s determination that no further action can be taken to complete this assignment. If the services are provided during a period to exceed 30 days, then payments for detective services rendered (plus expenses) will be payable by the Client every 30 days as billed by ASI. Payments will be paid by the Client within 10 days after billing, with payment being made in sufficient time to arrive to ASI by the due date. Payments for Private Detective Services will be made to the address of ASI listed on the “Contact US” page. Payments arriving after the due date will be considered late and a service charge of 20.5% per month (compounded monthly) of the balance will then be due to ASI. A service charge of $50 will be due and payable for any check returned to ASI. Detective Service will not be initiated until, at the option of ASI, the retainer check has been determined to have sufficient funding. Client consents to collection jurisdiction in the State, or county of ASI’s choice in the event that full payment is not received.
ASI, hereby agrees to appear in court and cooperate fully with the client’s attorney, and law enforcement agencies, concerning any evidence submitted. The hourly rate agreed on the “Surveillance Order Form” , plus $ 0.49 per mile, as well as any other justifiable expenses, per agent, shall be applicable to any such appearances and must be paid at least forty-eight (48) hours in advance to court time at a minimum of 5 hour of court time at a $98 per hour rate. All court related expenses such as travel, hotel accommodations, vehicle rentals, meals, etc are to be paid by client in addition to the hourly rate set above.
PERIOD OF SERVICE:
This agreement covers Services rendered during the agreed period specified on the “Surveillance Order” form. If no termination date is agreed, then this agreement is considered to be in effect until the Client provided funds (Retainer) are exhausted, or written notification is received of termination of the agreement. This agreement may be terminated at any time by either party for breach or neglect of duty by the other not remedied within 30 days after written notice by either party. No termination shall prejudice ASI’s rights to payments for Services completed prior to the effective date of termination.
ASI further agrees to make a full oral report to the client following each stage of the investigation, and that, as pursuant to Florida Statutes § 493.6119, all information obtained during the investigation is CONFIDENTIAL, and only releasable to the client and/or their attorney(s). The client and/or any of its representatives shall not disseminate ANY information supplied by the agency to a third party under any circumstances.
ASI shall at it’s own discretion and judgment, determine proper method of investigation, and shall at all times have the right to refuse to engage in conduct which, in the judgment of it’s management, is improper, illegal, or involves too great a personal risk to the licensed private investigators.
Any interference by the client, their representative(s), or a third party in this investigation will render this contract null and void, and the non-refundable retainer is therefore forfeited.
Furthermore any misrepresentation of information made to ASI, or withheld by the client, as well as their representative's legal or otherwise, that pertinent to the investigation will render this contract null and the non-refundable retainer is forfeited.
By ordering any investigation service on-line, the Client furthermore, agrees to indemnify and hold ASI and its corporate officers, business owners, and their agents, as well as the private investigators harmless against all claims, damages, losses, expenses, liabilities, and/ or client or third party actions arising out of or related to the ASI’s services or information provided therein, except those arising from ASI’s intentional wrongful acts. ASI shall not be liable for any special, incidental or consequential damages of any type.
By ordering any Private Investigation Service, Client further authorizes ASI, and its private investigators’ to release information to the Agency’s insurance carrier and/or legal representative in the event of a claim/allegation made against the Agency. Our it’s investigator(s) this is including but not limited to any federal or state law enforcement personnel, as well as the state attorney’s office.
Pursuant to the Fair Credit Reporting Act I (client) have obtained Authorization from each of the employees’ involved in this active investigation, and have so advised them that any and all information obtained may be used against them.
Client, likewise agrees that they have entered into this online agreement on their own free will, and understand that all outstanding invoices are to be paid no later than the fifth day after receiving said invoice.
Client also understands and agrees to reimburse ASI for all costs incurred in connection to an attempt by them to collect on all outstanding invoices, including but not limited to attorney fees, legal fees and any other expenses.
Client hereby having read the foregoing contract accepts and agrees with the terms and conditions set forth in this agreement / contract. Client furthermore declares that at time of submitting their investigation service to ASI, they were under no duress, nor under any threat of personal safety, and Client’s faculties were not impaired. Furthermore Client has had ample time to read these Terms and conditions (service contract), has been given an opportunity to ask questions, and has legal counsel review said contract before submitting said contract to ASI.
Client hereby agree that information obtained through ASI will only be used for the purpose of:
1) A commonly recognized business use whereby the business for which Client seeks the information has a preexisting business relationship with the subject of the inquiry; or
2) A use which will clearly cause no emotional, physical or financial harm to any person or company, organization or third party which is subject to the inquiry; or
3) A use that is relevant to the subject matter of a documented civil or criminal action.
ASI promotes only responsible use of the Private Investigations provided. Therefore we state to you the client or viewer that: Data obtained from ASI should not be used in part or in whole to determine a consumer's eligibility for credit, employment, insurance or any other purpose for which a consumer report would be obtained. If adverse action is to be taken against the consumer data subject and the information to be used has been obtained from ASI, it must be verified from another source prior to adverse action.
Client agrees that they will not divulge ASI as the source of any private investigations or investigation services without a court order or under the laws of the United States. In the event a subpoena or discovery request is issued to the client, Client agrees to notify ASI as soon as possible. Client shall not disclose or re-export any information contained in ASI's reports to any person or location. Information is proprietary and remains exclusive property of ASI. The client's decision to disclose or re-export this information is done at his or her own risk.
No refunds, exchanges, or credits will be given to any client unless ASI fails to provide investigations on a legitimate and accurate request, in accordance with this agreement the client is solely responsible for accurately filling out the "Order Form" and selecting appropriate requests. ASI cannot be held responsible for typos or mistakes given in the ordering information entered by client. Because all service orders are processed immediately, no cancellations are allowed or accepted once an order has been submitted.
Client agrees to indemnify ASI and its suppliers, employees, Private Detectives, investigators, consultants, subcontractors, affiliates, staff and officers for all damages, claims, consequences, or losses suffered by ASI as a result of possible claims by third parties relating to use of data provided by ASI. By ordering from ASI, client assumes all related legal liability, consents to waive all claims against ASI resulting from any investigations and agrees to indemnify ASI from any and all claims and consequences arising out of; found or not found information and from any and all claims that may result from clients request. ASI shall not be liable for any special, incidental or consequential damages of any type. Likewise client attest that they have not misrepresented themselves, their company, organization or their purpose for viewing the website or for ordering investigation services from such. Client understands that misrepresentation in this agreement may result in civil and criminal action against them, their organization, employees and affiliates.
All unpaid fees for investigative services are subject to 20% interest from date of invoice, and client consents to suit in jurisdiction of ASI's choice. Client understands that returned checks and disputed credit card transactions for valid searches will be charged an additional $50.00 fee.
Client hereby fully acknowledges, agrees and gives consent to all terms and conditions as amended by ASI from time to time. The client remains responsible for the full cost of their ordered research, background check, due diligence, video surveillance or any other investigation. Although investigation service fees may change from time to time, your fee for the requested investigation is guaranteed upon submission of your request.
In the event any provisions of this agreement are held to be invalid or unenforceable, the remaining provisions of this agreement will remain in full force and effect.
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