PLEASE READ THESE E-VERIFY EMPLOYER AGENT SERVICES TERMS & CONDITIONS CAREFULLY. BY SIGNING AN END USER AGREEMENT REFERENCING THIS DOCUMENT, OR USING THE SERVICES DESCRIBED IN THE END USER AGREEMENT OR THESE TERMS AND CONDITIONS, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.
These Terms & Conditions govern the purchase, receipt, and use of all E-Verify employer agent services (“Services”) performed by Global Radar Acquisition LLC, a Delaware limited liability company with its principal place of business at 9530 Marketplace Boulevard, Suite 301, Fort Myers, Florida, and Employment Screening Services LLC, an Alabama limited liability company with its principal place of business at 2700 Corporate Drive, Suite 100, Birmingham, Alabama (collectively, “GHRR,” “us,” “we,” or “our” as the case may be). When purchasing, receiving, and using these Services, you are bound by these Terms & Conditions and your continued use or access to GHRR’s web portal indicate your continued acceptance of the same
Section One: Rights & Obligations of the Parties. The rights and obligations of the parties under these Terms & Conditions shall govern E-Verify Employer Agent Services performed by GHRR in accordance with a Memorandum of Understanding (“MOU”) separately executed by the parties.
Section Two: Data.
2.1 Customer shall own the E-Verify-related data, information, files, documents, and images created with, uploaded to, and transmitted via the Web Application, including case verification numbers, photographs, further action notices, and confirmations (hereinafter, “E-Verify Data”) and shall otherwise hold full right, title and interest in the E-Verify Data. Customer understands and acknowledges that this E-Verify Data is hosted by a third party with which GHRR contracts, and that, in turn, that vendor contracts with data centers and telecommunication facilities, at which locations the data may be hosted. Customer acknowledges and agrees that, by hosting the E-Verify Data, GHRR is not assuming responsibility for Customer’s compliance with legal or regulatory record or data retention requirements. See, e.g., 8 U.S.C. § 1324a Note. 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 such record or data retention requirements. GHRR recommends that Customer maintain an archival copy of E-Verify Data on a server in its own possession, custody and control.
2.2 GHRR, in its sole and absolute discretion, may delete E-Verify Data and related documents in accordance with its internal retention and deletion policy. Customer understands and acknowledges that (i) GHRR does not retain E-Verify Data or associated documents on Customer’s behalf for any period of time; (ii) should Customer desire to maintain its own archival copy of E-Verify Data and related documents, it must download them as they are received or created; and (iii) a technology fee will be charged to Customer, should it request a mass export of archival E-Verify 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 nonpayment, Customer’s access to GHRR’s web portal will be deactivated and Customer will not retain access to archival E-Verify Data.
2.4 The Parties agree to maintain the security of the E-Verify Data. Each party shall institute and maintain all necessary and reasonable precautions to prevent the disclosure of E-Verify Data, including implementing a comprehensive written data security program, using strong password protocols, safeguarding passwords used to access terminals that provide access to E-Verify Data, destroying paper copies of E-Verify Data that is no longer needed, limiting access to E-Verify Data to those individuals who have a legitimate business need to access the information, deactivating the user IDs and passwords of those who no longer need access to the E-Verify Data, and notifying GHRR of the same.
Section Three: Limited Warranty.
3.1 GHRR warrants that it shall perform the responsibilities of the E-Verify Employer Agent as set forth in the applicable MOU between Customer, GHRR, and the Department of Homeland Security.
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 Customer is responsible for its own compliance with any laws, including record-keeping requirements under the E-Verify Pilot Program and as specified in the MOU.
Section Four: Limited Remedy.
4.1 If the 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 Web Application to fail to operate or perform as warranted.
4.2 The amount of damages recoverable by Customer for any breach by GHRR of these Terms & Conditions will not exceed, in the aggregate, an amount equal to the charges incurred by Customer for E-Verify Employer Agent Services used during the six-month period before the occurrence of the first event giving rise to any such liability, and such recovery is Customer’s sole and exclusive remedy hereunder.
Section Five: Order of Precedence. In the event of a conflict or an inconsistency between these Terms & Conditions and the MOU, the MOU shall govern the performance of services between the parties and their respective rights, duties, and obligations.
Last Updated ~ 06/15/2021.