MIAMI
PRIVATE INVESTIGATORS - MIAMI DETECTIVE SERVICES
TERMS & CONDITIONS
Upon submission of my private
investigation service request to allstarinvestigations.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. (All private Investigation Services and Detective
services are to be pre-paid in full and with a minimum of 24
hours in advance to ASI and such payment must clear the bank if
paid by check or credit card prior to services being commenced
or prior to providing client with any results or information
pertaining to clients investigation services. I understand that
ASI will conduct my service or research immediately upon their
receipt of my valid credit card information or a check or money
order for the applicable fees.
ASI does hereby guarantee that they will successfully conduct my
investigation assignment and / or locate data for the search
that I am seeking. (most searches take only 1-5 business days).
Should ASI fail to provide the service or data for the
information I am seeking within 30 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
5 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 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 may subcontract the work to be performed under this
agreement at its own discretion without notice.
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 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 conducts 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 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 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 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, for the consideration of
a non-refundable retainer, to undertake certain 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 $98 per hour with the
minimum time charged of 5 hours per day / per private
investigator .
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 upto 25.5% per month
(compounded monthly) of the balance will then be due to ASI. A
service charge of $80 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, 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 ASI.
Client may terminate this agreement within 30 days after written
notice is sent to ASI via certified mail – return receipt. 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
after the investigation is completed and at ASI’s discretion
only, and that, as pursuant to Florida Statutes § 493.6119, all
information obtained during the investigation is CONFIDENTIAL,
and only releasable to the client. 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
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 detectives 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 investigator(s) this is
including but not limited to any federal or state law
enforcement personnel, as well as the state attorney’s office.
In addition, client authorizes ASI to release any information to
any credit card processor in efforts for ASI to defend any
credit card chargeback attempts on the clients part.
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
305-264-7880.
ACCURACY OF SEARCH RESULTS –
Client agrees that ASI OR ITS 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.
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 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 $80.00 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 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.
ASI a full-service private
investigator agency that may manage your case worldwide. Cases
will be worked by a qualified Detective Agency in an employment,
independent contractor, and contract manner. Some services are
not available in certain areas. Hire a local Private
Investigator or Private Detective
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Miami private detectives and
Miami private investigators serving Miami-Dade, Fort Lauderdale,
Broward, palm beach county and south Florida private
Investigation Services, - allstarinvestigations, 2007 - All
Rights Reserved
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