PLEASE READ THESE ELECTRONIC FORM I-9 SERVICES TERMS & CONDITIONS CAREFULLY. THEY AMEND AND SUPPLEMENT TERMS AND CONDITIONS CONTAINED IN A MASTER SERVICES AGREEMENT OR END USER AGREEMENT. BY ACCESSING, USING, ORDERING AND RECEIVING SERVICES FROM AND THROUGH THE PLATFORM, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE ADDITIONAL AND SUPPLEMENTAL TERMS AND CONDITIONS STATED HEREINBELOW.
Relationship to Existing Agreement.
Section One: Obligations of Customer.
1.1 Customer shall be responsible for accessing and using the Electronic Form I-9 Web Application in accordance with its own policies and procedures. GHRR does not and cannot provide legal advice, guidance or recommendations to Customer regarding the nature, scope, content or extent of the Customer’s legal, compliance, or third-party contractual obligations and whether the use of the Electronic Form I-9 Web Application satisfies those obligations. It is the Customer’s responsibility to review and determine whether the Electronic Form I-9 Web Application meets its business, contractual, regulatory or legal needs. Customer affirms and acknowledges that it has a written I-9 compliance plan, that is has designated one of its agents to be an Employer Sanctions Act compliance manager, that this manager has examined the Electronic Form I-9 Web Application and satisfied himself that it meets the needs of the Customer, and that Customer relies solely upon the advice and opinion of its own compliance manager in using the Electronic Form I-9 Web Application.
1.2 Customer shall be responsible for its own compliance with all applicable federal, state and municipal laws, statutes and ordinances, including, but not limited to, the Immigration and Naturalization Act (“INA”) and the Immigration Reform and Control Act (“IRCA”) and regulations promulgated in relation thereto.
Section Two: Data.
2.1 Customer shall own the data, information, files, documents, and images created with or uploaded to the Electronic Form I-9 Web Application (hereinafter, “I-9 Data”) and shall otherwise hold full right, title and interest in the I-9 Data. Customer understands and acknowledges that this I-9 Data may be hosted by a third party with which GHRR contracts, and that, in turn, this vendor contracts with data centers and telecommunication facilities, at which locations the data may be hosted. Customer acknowledges and agrees that, by hosting the I-9 Data, GHRR is not assuming responsibility for Customer’s compliance with 8 C.F.R. § 274a.2(b)(2) of the Employer Requirements of the Control of Employment of Aliens of the INA. GHRR expressly disclaims any liability for any fines or penalties assessed by a governmental agency, or for any damages flowing therefrom, by virtue of any alleged failure to comply with the Employer Requirements, as well as for any claim, demand, cause of action or suit alleging that Customer committed an unfair immigration practice by virtue of its use of the Electronic Form I-9 Web Application. GHRR recommends Customer maintains an archival copy of I-9 Data on a server within its own possession, custody and control.
2.2 GHRR, in its sole discretion, may delete I-9 Data and related documents in accordance with its internal retention and deletion policy. Customer understands and acknowledges that (i) GHRR does not retain I-9 Data or associated documents on Customer’s behalf for any period of time; (ii) should Customer desire to maintain its own archival copy of I-9 Data and related documents, that it must download them as they are received or created; and (iii) a technology fee will be charged to the Customer, should it request a period mass export of archival I-9 Data. Customer is not eligible for a mass export if it has an outstanding, past-due balance.
2.3 If the Customer’s account is suspended due to non-payment, Customer’s access to GHRR’s web portal will be deactivated and Customer will not retain access to archival I-9 Data.
2.4 The Parties agree to maintain the security of the I-9 Data. Each party shall institute and maintain all necessary and reasonable precautions to prevent the disclosure of I-9 Data, including implementing a comprehensive written data security program, utilizing strong password protocols, safeguarding passwords used to access terminals that provide access to I-9 Data, destroying paper copies of I-9 Data when no longer needed, limiting access to I-9 Data to those individuals who have executed GHRR’s Authorized Access Agreements, deactivating the user IDs and passwords of those who no longer need access to the I-9 Data, and notifying GHRR of the same.
Section Three: Limited Warranty.
3.1 GHRR warrants that the Electronic Form I-9 Web Application shall substantially provide the function of managing documents electronically.
3.2 THIS LIMITED EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 This warranty does not cover service outages or other failures by third parties retained by GHRR, including for software and data hosting, credit card transaction processing, or the provision of data center or telecommunication facilities.
3.4 GHRR EXPRESSLY DISCLAIMS ANY WARRANTY THAT USE OF THE ELECTRONIC FORM I-9 WEB APPLICATION ENSURES COMPLIANCE WITH THE INA, THE IRCA, AND RELATED IMMIGRATION AND I-9 LAWS AND REGULATIONS PERTAINING TO THE EMPLOYMENT OF INDIVIDUALS, INCLUDING 8 C.F.R §§ 274A.2(E), (F), (G) AND (H). Customer is responsible for its own compliance with any law.
Section Four: Limited Remedy.
4.1 If the Electronic Form I-9 Web Application fails to operate substantially as warranted herein, GHRR’s sole obligation, and Customer’s sole and exclusive remedy, shall be as follows: GHRR will use commercially reasonable efforts to correct the problems or errors that caused the Electronic Form I-9 Web Application to fail to operate or perform as warranted.
4.2 The amount of damages recoverable by the Customer for any breach by GHRR of this these Terms & Conditions will not exceed, in the aggregate, an amount equal to the charges incurred by Customer for use of the Electronic Form I-9 Services during the six-month period prior to the occurrence of the first event giving rise to any such liability, and such recovery is the Customer’s sole and exclusive remedy hereunder.
Section Five: Limited License.
5.1 GHRR grants to Customer a limited, nonexclusive, nontransferable license to access and use the Electronic Form I-9 Web Application (hereinafter, the “Web Application”). The Customer and its applicants/employees shall have the ability to do the following:
5.2 Customer shall maintain its license for so long as it uses GHRR services.
5.3 In the event a governmental agency audits Customer, GHRR, by and through its contractor, shall provide limited assistance to the Customer by supplying to Customer such information and data as is requested by government auditors under 8 C.F.R. § 247a.2, including audit trail documentation, an explanation of the indexing system, a description of the electronic generation and storage system, an electronic summary file, such as a spreadsheet, containing all of the information fields on all of the electronically stored Forms I-9, and legible copies of the completed electronic Form I-9 forms and supporting documentation, as well as other information that may be required under 8 C.F.R. § 274a.2(e), where such information is in the sole possession and custody of GHRR or its contractor.
5.4 GHRR shall not provide on-site assistance with any I-9 audit conducted by a governmental agency.
Last Updated ~ 03/15/2022.