PLEASE READ THESE E-VERIFY EMPLOYER AGENT 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.
To order and receive E-Verify Employer Agent Services (“Services”) from Global HR Research, LLC (“GHRR,” “us,” “we,” or “our” as the case may be), all customers (hereafter, the “Customer,” “Company,” “you,” or “your”) must sign either a Master Services Agreement (“MSA”) or an End User Agreement (“EUA”). Additionally, to obtain direct access to the Platform to order and receive Services, all Customers must sign a Terms of Use (“TOU”). (Collectively, the MSA, EUA, and TOU shall be referred to herein as the “Agreement.”) These E-Verify Employer Agent Services Terms & Conditions amend and supplement any Agreement executed by a Customer and together with the Agreement shall govern the purchase, receipt and use of all Services. By purchasing, receiving and using Services, you are agreeing to be bound by these E-Verify Employer Agent Services Terms & Conditions and your continued use or access to GHRR’s Platform indicates your continued acceptance of the same. Where there is a conflict or inconsistency between the Agreement and these E-Verify Employer Agent Services Terms & Conditions, the Agreement shall prevail and govern the rights, duties, and obligations of the parties, provided, however, the Memorandum of Understanding executed by Customer, GHRR, and the United States Department of Homeland Security shall take precedence over and term or condition to the contrary in the Agreement or these E-Verify Employer Agent Services Terms & Conditions.
Section One: Data.
1.1 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 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 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 CUSTOMER MAINTAINS AN ARCHIVAL COPY OF E-VERIFY DATA ON A SERVER WITHIN ITS OWN POSSESSION, CUSTODY AND CONTROL.
1.2 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, 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 E-Verify Data. Customer is not eligible for a mass export if it has an outstanding, past-due balance.
1.3 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 E-Verify Data.
1.4 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, utilizing strong password protocols, safeguarding passwords used to access terminals that provide access to E-Verify Data, destroying paper copies of E-Verify Data when 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 Two: Limited Warranty.
2.1 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.
2.2 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.
2.3 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.
2.4 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 Three: Limited Remedy.
3.1 The amount of damages recoverable by the Customer for any breach by GHRR of these E-Verify Employer Agent Services 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 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.Last Updated ~ 03/15/2022.
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