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TERMS & CONDITIONS
Upon submission of my search / service
request to Miami Detective Services .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 and it's
Miami Private Investigators will conduct my service / search
immediately upon their receipt of my valid credit card information
or a check or money order for the applicable fees.
This
agreement is between Client and ASI. This Agreement, the
Services Contract, the
Record Searches page, the
Order Form and
any attachments represent the complete agreement between client and
ASI. No other agreements or documents, or representations, written
or oral, shall be part of this agreement, even if referred to,
unless specifically agreed to by ASI in writing. No right that ASI
has regarding this agreement may be waived or modified except by ASI
or it's Miami Private Investigators or detectives in writing.
ASI and the Detective Agency Private
Investigators does hereby guarantee that they will successfully
conduct my assignment and / or locate data for the search that I am
seeking. (most searches take only 1-3 business days). Should ASI or
its Miami Private Investigators fail to provide the service or data
for the information I am seeking within 20 days, ASI will promptly
upon request, refund payment to my credit card and/ or refund
payment via first class mail if by check. I understand that ASI will
not disclose contact data to me until I have paid the applicable fee
to ASI. ASI further guarantees that they will refund my applicable
fee within 30 days based upon the "No Information - No Charge"
policy for applicable searches. Should a search return data that is
later found to be inaccurate, Client understands that ASI at its
sole cost and discretion will recheck the search. However, customer
must provide proof to ASI that they have made a diligent attempt to
utilize original information provided. This proof must be submitted
to ASI within 15 days after data is provided, and must include
returned first class mail, which was properly mailed to the
address(s) provided (for searches where an address was provided),
and a written account of what took place during attempts to any and
all telephone numbers provided.
Client will be required to provide
information on themselves as well as a reason for any search that
involves non-public, sensitive or restricted information.
Furthermore, the client denotes and guarantees to provide complete
and accurate information to ASI and it's Miami Private Investigators
for the searches requested, and that the search results shall not be
utilized for any purpose other than the purpose stated to ASI. You
MUST be 18 years of age or older to utilize our services.
ASI and its Miami
Private Investigators may subcontract the work to be performed
under this agreement at its own discretion.
For the purpose of this agreement,
data is defined as any address, phone number, DMV information,
Social Security number information, or any other information
provided to the client by ASI, which will allow client direct or
indirect (through a third party) contact with the party sought if so
intended. ASI cannot and does not make any representations or
warranties (neither implied or expressed) regarding the searches /
services provided to the client, including but not limited to; the
competency, timeliness, accuracy, completeness, currency, merchant
ability or fitness for a particular purpose of the searches /
services. ASI and it's Miami Private Investigators specifically
disclaims all such warranties. Information obtained by ASI is
received, entered and maintained by public and private entities and
is provided "As Is". Certain information may not be acceptable for
use as an exhibit or evidence.
ASI and our Miami detectives or Miami
Private Investigators conduct its searches based on the criteria
provided by the client. ASI obtains data from numerous sources
including public records repositories, local, state, national, and
federal databases, other third-party information sources, and
private sources.
All sources used by ASI and our Miami
Private Investigators are deemed reliable and accurate, however, ASI
has no control over the integrity of their data and therefore cannot
assume responsibility for the integrity or accuracy of the
information. Due to the fallibility of electronic and manual systems
and resources the report provided does not preclude the probable
existence of other information. ASI and our Miami Private
Investigators and private detectives cannot guarantee results on a
search if the Client provided invalid, inaccurate, false
information, or if client is not able to provide either a complete
first and last name, or an accurate first name and date of birth if
requested for the sought information, or if client has provided
multiple spelling possibilities of a person's last name. ASI cannot
guarantee results on a search if the search request involves an
individual or "missing person" who is believed or suspected to be
homeless, institutionalized, deceased or incarcerated, or is
believed to have changed their identity, or has been known to use or
be using more than one identity or social security number, or have
intentionally fled from an abusive relationship or to avoid possible
criminal prosecution, or are fugitives from the law.
Client understands that they WILL BE
charged if the data they are seeking involves a person with a common
name (or is a JR. or SR.) and client is NOT able to provide AT LEAST
one of the following pieces of information: a) an accurate social
security number; b) an accurate date of birth; c) an accurate
drivers license number; d) registered vehicle license plate number
within the past ten years; e) a recent residence address (within the
past ten years); f) or accurate name of spouse.
Client agrees to use the data obtained
from ASI and our Miami Private Investigators for , ethical, legal ,
permissible and moral purposes only. Client also faithfully pledges
that his or her desire to locate the data or individual described
above in no way involves any intention on their part to harm, to
cause harm, to harass, to stalk (as described by applicable laws),
to commit a criminal offense, fraud, identity theft, entrapment, a
sting operation, or for pursuit of ASI, its employees, vendors,
clients, affiliates, officers, or otherwise take any illegal action
against any of them. In addition, the client shall not request
information on juveniles, celebrities, government officials or other
well-known persons, for a news story, for debt collection, or for
surveillance. Should client become suspect to any illegal action
against the parties described above, client does hereby give their
consent to ASI to disclose any and all information about them
(client), and about this transaction to the proper authorities.
Several searches fall under the FCRA, IRSG, and EEOC requirements
and will require a signed release from the subject prior to the
search.
SURVEILLANCE AND OTHER FIELD
PRIVATE INVESTIGATION SERVICES
The client hereby agrees to
employ ASI., it’s agents and employees, and
Miami Private Investigators for the consideration of a
non-refundable retainer, to undertake certain
private
investigation services and investigative duties.
In addition, if the client
decides to terminate this private investigation 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 field
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 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.
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 $58 per hour with the minimum time
charged of 4 hours per day / per private investigator or prvt
detective .
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 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
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 2.5% 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. 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 and our Miami Private
Investigators, 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 twenty-four (24) hours in advance to court
time at a minimum of 4 hour., of court time.
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 services, 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 private
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
detectives or private investigator(s).
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 its Private
Investigators, 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 search or
private 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 and Miami detectives privados 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 search or
investigation service, Client further authorizes ASI, and its
investigators to release information to the Detective Agency’s
insurance carrier and/or legal representative in the event of a
claim/allegation made against the Private Detective Agency or it’s
private investigator(s) this is including but not limited to any
federal or state law enforcement personnel, as well as the state
attorney’s office.
SEARCH REPORTS-
Search
reports are performed strictly by the information provided on the
subject by the client. Any error in spelling or sequence of
numbers can result in wrong information on the subject. Data is
supplied from different private sources, computer systems, public
information facilities and government open record institutions. This
report may include information from various public and confidential
sources. Every attempt has been made to report public agency
information accurately. Confidential sources have requested their
identity not be revealed as a condition for releasing information.
These sources should only be utilized as discovery sources. Data may
originate in United States or from other countries. Sources may have
items that are incomplete, incorrect, omitted, misspelled, or
deleted and are not in the control of ASI. Human error when
compiling this search is possible. All attempts are made to maintain
the integrity of this data. Data collected in this search is to be
released to the party intended as per your request. Other
distribution is prohibited. All record searches are performed
through nationwide database sources unless otherwise specified by
client. For inquiries per your report, please call our private
detective company at 305-827-0607.
ACCURACY OF SEARCH RESULTS –
Client agrees that ASI OR ITS MIAMI PRIVATE DETECTIVES CANNOT
BE HELD LIABLE FOR INACCURACIES CONTAINED IN PUBLIC RECORD
INFORMATION, DATABASES ACCESSED, OR ANY REQUESTS SUBMITTED BY THE
REQUESTER. While the information furnished is from reliable sources,
its accuracy is not guaranteed. All record searches are on a best
efforts basis, NO guaranties, promises or claims are made about
potential search or investigation results. All information should be
verified as to accuracy, timeliness and legal applications prior to
preparation of report(s) or usage of information. Use of available
data may be subject to the FCRA and other applicable laws. The
client assumes full responsibility for the release of any
information obtained with these reports.
ASSET SEARCH INFORMATION - Asset Information
is for sale to licensed private investigators, law enforcement &
licensed attorneys only. Information will be used in course of legal
proceedings, FCRA approved purposes, and held strictly confidential
only. Any release of information violates these Terms upon which ASI
makes its sale of information in good faith on this basis. All
searches on a best efforts basis only, ASI shall be indemnified from
any and all claims arising out of found, not found, frozen accounts,
garnished wages and other potential claims. ASI logs & records all
calls and visits. All searches are intended to support the legal
process, and should be followed by a subpoena for information
against the bank or institution holding the original information.
Client warrants that asset searches are legal and proper in his/her
and subject’s jurisdiction and comply with all applicable laws
(local and state) and Client bears full legal costs in event of suit
and further will hold all information confidential. Client agrees
that use of data obtained from ASI shall be for legal and moral
purposes only and accepts responsibility for its use. Client agrees
to indemnify and hold ASI and its suppliers, employees and officers
harmless from all damage claims or losses suffered by ASI as a
result of possible claims by third parties relating to use of the
data provided by ASI. Client agrees that he intends to use the
information received only for:
I. 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
II. 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
III.A use that is relevant
to the subject matter of a documented civil or criminal action.
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 Search or
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 and our Miami Private Investigators.
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 information it provides. 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 information received 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. Client warrants
that requested searches are legal and proper in his / her
jurisdiction, as well as that of subject's jurisdiction, and
complies with all applicable laws (local and state) and client bears
full legal costs in event of suit, and further will hold all
information strictly confidential. All information obtained through
ASI or its private investigators is to be used in the course of FCRA
approved purposes..
No refunds, exchanges, or credits will
be given to any client for private investigation services unless ASI
fails to provide information 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 search requests. ASI cannot be held responsible for
typos or mistakes given in the ordering information entered by
client. Because all orders are processed immediately, no
cancellations are allowed or accepted once an order has been
submitted. Our fees are based on searches- not the result of the
search. Therefore, both negative and positive results of searches
are considered valid results, and no refunds will be issued for
record searches that return "NO RECORDS FOUND"
Client agrees to indemnify ASI and its
suppliers, employees and officers and private detectives 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 searches 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 searches from such.
Client understands that misrepresentation in this agreement may
result in civil and criminal action against them, their
organization, employees and affiliates.
Search discrepancies must be reported
within 10 days. All unpaid fees are subject to 30% 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 record record searches will be
charged an additional $60.00 fee.
Client hereby fully acknowledges,
agrees and gives consent to all terms and conditions as amended by
ASI from time to time. All listed turnaround times are an average,
and apply only to business days. No guarantee to "turn around" times
is expressed or implied. In the event ASI anticipates delay in the
delivery of clients order, ASI will attempt to provide client with
as much notice as possible. The client remains responsible for the
full cost of their ordered search. Although service fees for private
investigation services or record searches may change from time to
time, your fee for the requested record search 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.
Miami Private Detectives and Miami
Private Investigators
Copyright © 2007
Miami Detective Services .com
MIAMI PRIVATE INVESTIGATORS -
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Palm Beach , Weston , Tallahassee Florida.
Call our Miami private
detectives for
Miami
private investigations today. All
Private Investigation services
detective services are confidential.
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INVESTIGATORS - MIAMI DETECTIVE SERVICES .com
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