MASTER SERVICES AGREEMENT AND TERMS OF SERVICE
This Master Services Agreement and Terms of Service (“Agreement”) is entered into by and between Turning Point Data Inc., d/b/a Direct Screening (“Company,” “Direct Screening,” or “CRA”) and the subscribing client (“Client”).
By creating an account, accessing, or using Company services, Client agrees to be bound by this Agreement.
1. Definitions
- Consumer - An individual who is the subject of a Consumer Report.
- Consumer Report - As defined under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681 et seq.
- Permissible Purpose - A purpose authorized under Section 604 of the FCRA and applicable law.
- Conviction - A criminal matter in which the court formally enters adjudication of guilt.
- Disposition Date - The date the court formally enters adjudication of guilt.
- Lookback Period - Seven (7) years measured from the Disposition Date.
- Applicable Law - The FCRA and all applicable federal, state, and local laws.
2. Services
Company provides access to consumer reports and related background screening services (“Services”).
All Services are provided in accordance with the FCRA and Applicable Law.
3. Service Model and Reporting Practices
3.1 Convictions-Only Reporting
Company reports criminal convictions only and does not report:
- Pending cases
- Arrest-only records
- Dismissed or non-convictions
- Deferred adjudications
- Sealed, expunged, or restricted records
3.2 Seven-Year Reporting Standard
Company applies a uniform seven (7) year reporting period based on the Disposition Date unless a more restrictive law applies.
3.3 Court Verification Requirement
No criminal record is reported unless verified through the court of record or a court-access vendor.
3.4 No Instant Database Reporting
Database searches are used only as investigative tools and are not reported without verification.
4. Data Sources and Limitations
4.1 Public Record Data
Reports are based on court records and authorized public sources.
4.2 No Guarantee of Completeness
Company does not guarantee completeness or accuracy of public record systems.
4.3 Identity Matching Standards
Records are only reported when sufficient identifiers match, including full name and date of birth.
Records are suppressed where identity cannot be confirmed with reasonable confidence.
5. Permissible Purpose Certification
Client certifies that all consumer reports will be requested and used only for a Permissible Purpose under the FCRA.
Each order submitted constitutes a certification of permissible purpose.
6. Client FCRA Compliance Obligations
Client agrees to comply with all applicable laws, including the FCRA.
6.1 Disclosure and Authorization
Client must provide a standalone disclosure and obtain written authorization prior to requesting a report.
6.2 Certification to Company
Client certifies compliance with disclosure and authorization requirements.
6.3 Adverse Action Compliance
Client agrees to:
- Provide pre-adverse action notice
- Provide a copy of the report
- Provide Summary of Rights
- Allow reasonable time for response
Client agrees to provide final adverse action notice after decision.
6.4 Use Restrictions
Client shall not:
- Use reports for impermissible purposes
- Share or resell reports
- Use reports in violation of law
6.5 Ongoing Compliance Obligation
Client’s compliance obligations under this Agreement are continuous and ongoing. Client represents and warrants that it will maintain compliance with all applicable laws, including the Fair Credit Reporting Act, at all times during its use of Company’s services. Client agrees to promptly notify Company of any material change in its business, permissible purpose, or use of consumer reports.
7. Sample Forms and Compliance Resources
Company may provide sample disclosure forms, authorization forms, adverse action notices, and other compliance-related materials for Client’s convenience.
These materials are provided for informational purposes only and do not constitute legal advice or guarantee compliance with the Fair Credit Reporting Act or any applicable federal, state, or local law.
Client acknowledges that Company does not provide legal advice and that Client is not relying on Company, its services, or any materials provided by Company, including sample forms or guidance, to determine its compliance with applicable law.
Client acknowledges that laws and requirements may vary by jurisdiction and may change over time, and that Company does not undertake to update Client’s policies, procedures, or documents.
Client is solely responsible for ensuring that its hiring, tenant screening, disclosure, authorization, and adverse action practices comply with all applicable laws.
Client is strongly encouraged to consult with qualified legal counsel regarding its background screening policies and forms.
Use of any sample form is at Client’s sole discretion and risk.
Current sample forms and compliance resources are available at:
https://www.directscreening.com/background-check-compliance.html
8. Client Responsibility for Decisions
Client is solely responsible for all decisions made based on consumer reports.
Company does not make employment or housing decisions.
Client acknowledges that Company is solely a provider of consumer report information and does not participate in or influence Client’s employment, tenant screening, or other decision-making processes. All decisions regarding the use of consumer reports are made solely by Client, and Client does not delegate any decision-making authority to Company.
9. Account Monitoring and Compliance
Company may monitor account activity for compliance with Permissible Purpose and Applicable Law.
Company may suspend or terminate access for suspected misuse or non-compliance.
Client agrees to provide documentation upon request to verify compliance.
10. Consumer Disputes & Reinvestigations
Company conducts reinvestigations in accordance with the FCRA.
If information cannot be verified, it will be corrected or removed.
Client agrees to cooperate in reinvestigations and delay final decisions during disputes.
11. Data Security and Confidentiality
Client agrees to:
- Maintain confidentiality of report data
- Limit access to authorized personnel
- Implement reasonable security measures
Each party is responsible for the security of its own systems.
12. Payment Terms and Refund Policy
Client agrees to pay all applicable fees.
Services may be suspended for nonpayment.
12.1 Refund Policy
Because background screening services begin processing shortly after submission, orders are generally non-refundable once processing has begun.
Refunds may be issued in limited circumstances, including:
- Duplicate orders
- Verified billing errors
- Technical failures preventing report delivery
The full Refund Policy is available at:
https://www.directscreening.com/refund-policy
13. Audit and Verification Rights
Company reserves the right to:
- Verify Client’s business legitimacy
- Request documentation
- Conduct audits or inspections
Failure to comply may result in suspension or termination.
14. Indemnification
Client agrees to defend, indemnify, and hold harmless Company from any claims arising from:
- Violation of the FCRA or Applicable Law
- Failure to obtain authorization
- Improper adverse action
- Misuse of reports
- Decisions made by Client
15. Disclaimer of Warranties
Services are provided “as is” and “as available.”
Company disclaims all implied warranties, including merchantability and fitness for a particular purpose, to the extent permitted by law.
16. Limitation of Liability
16.1
To the maximum extent permitted by law, Company shall not be liable for indirect or consequential damages.
16.2
Total liability shall not exceed fees paid by Client in the prior twelve (12) months.
16.3 Claim Limitation Period
Any claim or cause of action arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action accrues, to the fullest extent permitted by applicable law. This limitation does not apply where prohibited by law.
17. Termination
Company may suspend or terminate services for:
- Nonpayment
- Compliance violations
- Suspected misuse
- Failure to maintain permissible purpose
18. Governing Law and Venue
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
Client agrees that all disputes shall be resolved exclusively in state or federal courts located in Essex County, Massachusetts.
Client submits to the jurisdiction of such courts and waives any objection to venue or inconvenient forum.
19. No Third-Party Beneficiaries
This Agreement is for the sole benefit of Company and Client and does not create rights in any third party.
Nothing in this Agreement limits any rights afforded to consumers under the FCRA.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
21. Amendments
Company may update this Agreement from time to time.
Continued use of services constitutes acceptance of any updated version.
22. Electronic Acceptance
Client acknowledges and agrees that:
- Client has read and understands this Agreement
- Client has a permissible purpose under the FCRA
- Client agrees to comply with all applicable laws
Client’s electronic acceptance, including checkbox acknowledgment or use of services, constitutes a legally binding agreement equivalent to a signed contract.