INVESTIGATIVE SERVICES AGREEMENT
SECTION A – General Provisions
1) By submitting an intake, accepting terms of services, making payment for services, or otherwise engaging engaging Morse Investigation Services, LLC (Agency) you or your agent on your behalf (Client) agree to the following terms and shall be legally bound to this service contract.
2) Licensing & Regulatory Authority:
3) Requested Services:
Specifically, CLIENT has engaged the services of AGENCY to provide the appropriate scope of services as determined based on client case goals provided in the client intake.
4) Due Diligence:
5) Work Product:
SECTION B – FEES AND EXPENSES
1) Service Payments: The CLIENT agrees to pay AGENCY for its time, materials and service fees as follows:
A) If a CLIENT has requested a continued investigation or surveillance and then cancels the assignment for a given date & time without twenty-four (24) hours prior notice & agency acknowledgement, the minimum billing time shall be charged to the CLIENT.
B) In the event that no retainer is collected, then the services provided will be billed by invoice and due upon presentation of said invoice(s). CLIENT forfeits all rights to reports, evidence, photographs, video, information and other related items if invoices are not paid within terms.
2) Retainer Amount: The retainer amount of this assignment is $___________ ,determined by agreement and received by Agency in advance.
4) Telephone Fees: AGENCY will agree to consult with CLIENT free of charge for a maximum of 15 minutes per day during normal business hours. All calls in excess of this amount are billable in 15 minute increments at the normal hourly rate. Other telephone fees incurred during the investigation will be billed at the agreed upon rate in 3.a.
5) Report Writing Fees: One (1) hour report writing will be billed to the investigation for each report submitted or for every six (6) hours of Investigation, Research or Surveillance, whichever time period is greater.
6) Photography, Videotape, Tape Review & Copy Charges: Charges to review Surveillance Tapes will be made at the rate of $Current Rate per hour. Client will be provided electronic copies of all images, video, or other data collected. Client may reproduce at its own risk.
7) Court Appearances: CLIENT agrees to pay AGENCY the fee set above for time spent in Court at the request of CLIENT, CLIENT’s Attorney, Subpoena, Court, or Governmental Agency due to this investigation. Said fee shall not exceed the agreed upon per hourly/daily rate listed above for time spent in court or on standby. Minimum billable court time is one (4) man hours per investigator. Standby time is defined as any time scheduled (set aside) for court, spent waiting and/or traveling to/from court so that the investigator is immediately available and accessible for the court.
8) Miscellaneous: CLIENT agrees to pay AGENCY at the prescribed hourly rate for time spent for any assignment related meetings, telephone conferences, travel time, case and/or trial preparation or expenses not specified above.
SECTION C – PERIOD OF SERVICE
1) Period of Service: This agreement is valid for the duration of the investigation or until such time as it is canceled by either party by written notice to terminate the agreement. No termination shall prejudice AGENCY rights to collect payment for services completed prior to the termination of this agreement.
2) Accommodations Required: AGENCY will make every effort to accommodate CLIENT’s needs and preferences, subject to existing legal and contractual obligations.
3) 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’s and/or their representatives are not allowed to accompany AGENCY investigators during an investigation. Unauthorized CLIENT participation will result in a forfeiture of retainer if applicable.
SECTION D – CONFIDENTIAL INFORMATION
1) Access to and protection of CLIENT’s Confidential Information: AGENCY acknowledges that in the course of this agreement it shall 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 the investigation will only be released to the CLIENT or his designated representative, or Court Order, and will otherwise remain confidential information.
2) Indemnification of AGENCY from CLIENT Provided Information: CLIENT agrees to indemnify and hold AGENCY harmless against all claims arising out of or related to any information which the CLIENT provides to AGENCY prior to or during the course of the Services provided.
3) Indemnification of AGENCY from its Services or Information Provided: CLIENT agrees to indemnify and hold AGENCY harmless against all claims arising out of or related to the services of AGENCY or information provided by AGENCY herein EXCEPT for those arising from AGENCY’s Intentional and Wrongful acts.
4) 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. 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 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.
5) 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 becomes 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. 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).
6) CLIENT Misrepresentation: CLIENT attests that he has not misrepresented himself, the company, organization or purpose for requesting the services that AGENCY provides. CLIENT understands that misrepresentation in this agreement, in AGENCY’s sole opinion, may result in civil and criminal action against the CLIENT and/or his organization as well as forfeiture of any and all monies paid to AGENCY. AGENCY reserves the right to refuse service to the CLIENT for any issue of security, safety, unlawful, unethical or immoral reasons. CLIENT will forfeit any and all funds that may have been paid to the AGENCY pertaining to this case if any information is discovered, by the sole determination of the AGENCY, to be false, misleading, or compromising the ethical and/or legal obligations of the AGENCY or if it is learned that the investigation is in support of an illegal activity.
SECTION E – OTHER PROVISIONS
1) Entire Agreement, Modification & Assignment: This instrument constitutes the sole and entire agreement between the parties except where modified in writing, signed by both parties and attached as part of this agreement. CLIENT agrees that AGENCY may assign this agreement to a sub-contractor in part or whole to complete this assignment, but at all times, AGENCY will continue to meet the terms and conditions of this agreement.
2) 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 male gender serve as function words and do not denote a specific gender but the CLIENT as an individual or entity.
3) AGENCY Expertise: AGENCY is not a law office and therefore does not provide legal advice, nor does it provide financial, insurance or personal counseling services. Any opinions expressed during CLIENT conferences are based upon prior experiences and knowledge and do not constitute, reflect, or guarantee future outcomes or results. CLIENT is encouraged and advised to seek expert and professional advice in these areas.
4) Acceptance of Agreement: This agreement does not become valid until such time as it is accepted by both the CLIENT and AGENCY, typically indicated by signature, electronic signature, click wrap, acknowledgment, intake submission, payment to Agency, or any other reasonable and common indicators of engagement of Agency or Client.
5) Crime Policy: If at any time the Agency 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 this investigation it will be reported to the proper authorities and may result in this contract being terminated and any monies owed become immediately due, and or all Retainer funds are forfeited and no refund for services will be offered.
This being our agreement, I hereby authorize this investigation and agree to the terms and conditions listed herein. I hereby certify and affirm that the information supplied above 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 this assignment.