Terms of service
Fox Investigations LLC
THIS SERVICES AGREEMENT (“Agreement”) is made and entered into by and
between Fox Investigations LLC hereinafter referred to as “AGENCY” and the
client (its parent, subsidiaries, predecessors, successors, affiliates, directors, officers, fiduciaries, insurers, employees and agents (jointly “End-User”) hereinafter referred to as “CLIENT”.
The purpose of this Agreement is to state the terms and conditions under which the CLIENT has employed the AGENCY to perform services as investigators or investigative consults. IN CONSIDERATION of the services rendered and to be rendered to, the CLIENT does hereby assign and convey to said AGENCY, as its compensation herein the following:
AGENCY reserves the right, in its sole discretion, to revise, modify, alter or otherwise update this Agreement, or to change or delete any features of this Web Site, at any time, with or without prior notice to CLIENT. CLIENT use of this site signifies CLIENT's acceptance of all the terms and conditions contained within the Terms at the time of CLIENT's use. CLIENT will be responsible for regularly reviewing the Terms posted to the Site. AGENCY will not be held liable for your failure to review updated terms or for any outdated or inaccurate content posted on the site. If CLIENT does not agree with any of the modified, altered, or updated terms, then CLIENT should not use this web site after such modifications, alterations or updates have been posted.
CLIENT fully understands and asserts that NO representations have been made
by AGENCY to CLIENT as to the ultimate success of the investigation and that
CLIENT shall pay all fees for investigative services performed regardless of the
success of the investigation. AGENCY MAKES NO WARRANTIES OR
GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS
OF THIS INVESTIGATION. No illegal or unethical services will be knowingly provided by AGENCY and CLIENT certifies that he/she/it is not knowingly requesting any illegal services. AGENCY reserves the right to decline or terminate without advance notice any assignment it deems to be illegal or unethical or in AGENCY’s sole opinion detrimental to AGENCY. AGENCY will perform services in compliance with all state and federal laws, regulations and best practices.
IF CLIENT IS AN ATTORNEY OR LAW FIRM AND HAS CONTRACTED FOR THE SERVICES OF INVESTIGATOR TO ASSIST SAID ATTORNEY OR LAW FIRM IN ANY WAY IN ANY MATTER ON BEHALF OF THE ATTORNEY OR LAW FIRM’S CLIENTS OR IN ANY CASE BEING HANDLED BY THE ATTORNEY OR LAW FIRM, THEN THE ATTORNEY OR LAW FIRM HEREBY EXPRESSLY ACKNOWLEDGES, COVENANTS, AND AGREES THAT THE OBLIGATION OF THE ATTORNEY OR LAW FIRM TO PAY THE INVESTIGATOR FOR SERVICES RENDERED IS AN OBLIGATION SOLELY OF THE ATTORNEY OR LAW FIRM AND IS IN NO WAY CONTINGENT ON (1) ANY PARTICULAR RESULT OR OUTCOME OF THE INVESTIGATION, OR (2) THE ATTORNEY OR LAW FIRM BEING PAID BY ITS CLIENT, OR (3) THE ATTORNEY OR LAW FIRM’S CLIENT BEING SATISFIED WITH THE RESULTS OR OUTCOME OF THE INVESTIGATION.
TERM AND TERMINATION
CLIENT is not entitled to a written report, upon request and any pertinent documentation, as a result of this investigation. AGENCY RESERVES THE RIGHT TO WITHHOLD ANY AND ALL REPORTS AND/OR EVIDENCE PENDING PAYMENT IN FULL AND BANK CLEARANCE THEREOF.
ACCURACY OF INFORMATION SOURCES
Database search reports are performed strictly by the information provided on the subject by the CLIENT. AGENCY 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
AGENCY; however, no guarantee, warranty, or other representation is made as
to the accuracy of information received from third parties, or its suitability for any
CLIENT attests that he/she has not misrepresented himself, his company,
organization or purpose for requesting the services that AGENCY provides. CLIENT attests that he/she is at least the age of 21. CLIENT understands that misrepresentation in this agreement, in AGENCY’s sole opinion, may result in civil and criminal action against the CLIENT and/or CLIENT'S organization as well as any and all monies paid to be forfeited. CLIENT further represents that the information provided by the AGENCY shall be used in a lawful manner and that said information will not be used to cause any physical or emotional harm upon the subject of the investigation. CLIENT agrees to hold harmless the AGENCY, it’s employees and agent(s) from all damages, losses, cost and expenses, including any attorney or legal fees,
suffered/incurred in connection with or arising out of claims based on services provided to CLIENT. This also includes any civil or criminal actions, claims, third party claims, lawsuits, disciplinary actions, or any losses alleged to be caused by the AGENCY resulting from any activity performed by either CLIENT or AGENCY.
If CLIENT is an attorney or law firm and has contracted for the services of investigator to assist said attorney or law firm in any way in any matter on behalf of the attorney or law firm's clients or in any case being handled by the attorney or law firm, then the attorney or law firm hereby expressly acknowledges, covenants, and agrees that the obligation of the attorney or law firm to pay the AGENCY for services rendered is an obligation solely of the attorney or law firm and is in no way contingent on (1) Any particular result or outcome of the investigation, or (2) the attorney or law firm being paid by its client, or (3) the attorney or law firm's client being satisfied with the results or outcome of the investigation.
CLIENT expressly agrees that in the event CLIENT executes this agreement and then wishes to cancel this investigative services agreement once AGENCY has begun or scheduled such services, that an amount equal to one-half of the retainer fee shall be paid to AGENCY as a case intake fee.
CLIENT further agrees that the following provisions shall also apply to all fees due from CLIENT under this agreement:
In the event that no retainer is collected, then the services provided will be billed by invoice and due upon receipt of said invoice. CLIENT forfeits all rights to reports, evidence, photographs, video, information and other related items if all invoices are not paid within terms.
All outstanding fees are due immediately at the completion of this assignment, or upon either the CLIENT or AGENCY’s determination that no further action can be taken to complete this assignment. Retainer funds not expended after completion will be issued to CLIENT as a refund.
AGENCY reserves the right to require payment in advance for excessive investigative expenses.
CLIENT acknowledges that any interference in this investigation by CLIENT or by CLIENT’s friends, relatives, agents, or employees will jeopardize the ability of AGENCY to provide the services promised under this agreement. CLIENT further acknowledges that interference includes, but is not limited to calling the AGENCY and/or employees and contractors while they are trying to perform investigative duties and/or surveillance, asking to ride along on surveillance's, driving past locations under investigation, and/or visiting locations near the location under investigation. CLIENT agrees not to interfere in any manner whatsoever, or instruct or cause anyone else to interfere, directly or indirectly, while AGENCY is in the course of this investigation. CLIENT understands and agrees that in the event anyone other than AGENCY participates in this investigation, AGENCY will immediately terminate all activity in this assignment and CLIENT will be responsible for paying all invoices due immediately.
RESPONSIBLE USE OF INFORMATION
AGENCY is NOT a consumer reporting AGENCY. AGENCY promotes the
responsible use of the information that it provides, and reserves the right to
withhold information for which AGENCY 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
be comes part of the public domain through no action of AGENCY. The CLIENT
is responsible to safeguard the information provided from unauthorized third
party disclosure as defined by the Gramm-Leach-Bliley Act (GLBA), 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. The CLIENT also will utilize information gained from these services
in accordance with above mentioned laws. Furthermore, the CLIENT affirms the information requested and/or learned during the investigation is not to be used for harassment, stalking, intimidation, threatening or any other illegal purpose(s). CLIENT allows AGENCY to share CLIENT their information with appropriate third parties.
All investigative findings furnished to CLIENT are exclusively for CLIENT’S own use. CLIENT agrees to restrict the dissemination of said findings ONLY to third
parties who have a legitimate need to know, and/or authorized by law. CLIENT
will hold AGENCY harmless from all damages, losses, cost or expenses, including
attorney fees, travel fees suffered or incurred in connection with arising out of claims based on investigative findings provided to CLIENT, and for which CLIENT fails to keep
strictly confidential. AGENCY will keep findings strictly confidential and will not
disseminate or release any findings to third parties unless authorized IN
WRITING by the CLIENT, or court ordered.
CREDIT CARD AUTHORIZATION
By CLIENT providing AGENCY with CLIENT’s credit card information, AGENCY
is authorized to charge said credit card for provided services outlined in this contract. CLIENT waives any right to dispute or “chargeback” on any credit card charges made by AGENCY that can be justified with an invoice. CLIENT understands that any dispute of charges can and will be resolved in small claims court and not through the credit card company for the card provided to AGENCY.
Governing Law. This agreement shall be construed and enforced according to, and governed by, the laws of the State of GEORGIA, as well as any claim that might arise between Client and Company, without regard to conflict of law provisions.
CLIENT understands that Fox Investigations LLC services will be conducted by Company in the state of GEORGIA. Company will collect all of the digital evidence from client by electronic means or via client sending a copy of the evidence or the device to Company. Client understands that the evidence will be reviewed in the state of GEORGIA and not in their local state jurisdiction relative to all laws governing private investigation and licensing rules and regulations.
AGENCY RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.