I-9 Compliance

Terms and Conditions

Acceptance of these terms and conditions constitute a Client User Agreement between Form I-9 Compliance, LLC (herein “Form I-9 Compliance”), a Designated Agent of the Department of Homeland Security U.S. Citizenship and Immigration Services (DHS-UCIS), and the Social Security Administration (SSA) and the Purchaser (herein “Client”).

The parties hereto agree as follows:

I. Organization I.D. and Passwords:

    A. Upon acceptance by Purchaser of these terms and conditions, Form I-9 Compliance will initiate the process for the issuance of a formal Memorandum of Understanding (MOU) which sets forth approved participation in the Employment Verification Program (EVP) with the DHS-UCIS and SSA and/or the required registration documents under the Social Security Administration’s Number Verification Service (SSNVS). Once the MOU process is completed, Form I-9 Compliance will issue to Client one or more unique identification codes and passwords (collectively the “Organization I.D.”).

    B. Form I-9 Compliance shall only provide Organization I.D. information to authorized personnel of the Client Registration Form or any subsequent amended document authorized by the Purchaser.

    C. Once communicated to Client by Form I-9 Compliance, the internal security of the Organization I.D. is Client’s sole responsibility.

    D. Client shall be responsible for updating its list of Authorized Personnel in writing as Client deems necessary. Client has the affirmative responsibility to immediately notify Form I-9 Compliance by way of email to ldonahue@formi9.com, regarding any current or former employees who are no longer authorized to access Form I-9 Compliance systems.

II. Form I-9 Compliance Will Provide the Following:

    A. Services as requested and as are available.
    B. Electronically archive reports (stored client data) for Client and provide access to such reports as long as Client continues to use Form I-9 Compliance’s service(s). If Client terminates this Agreement and ceases using Form I-9 Compliance’s services, Client will be allowed to download such reports for 30 days post termination.

III. Form I-9 Compliance hereby Agrees, Certifies and Warrants:

    A. To comply with the MOU, as signed by all parties.
    B. To comply with SSNVS protocols as required by law.

IV. Client hereby Agrees, Certifies and Warrants:

    A. That Client is the end user of Form I-9 Compliance’s services and the recipient of our report(s).
    B. That Client will not sell, give away, disclose by any medium, or in any way distribute such report(s) to any third party not authorized to view or use such materials.
    C. That the information in the report(s) will not be used in violation of any applicable federal or state law including, without limitation, equal employment opportunity laws or regulations.
    D. That Client gives Form I-9 Compliance permission to access its accounts for support and maintenance purposes.
    E. That Client shall use Form I-9 Compliance materials, including forms, letters and other documentation that Form I-9 Compliance provides to Client, in strict confidence and Client shall not divulge Form I-9 Compliance’s proprietary materials, fees or information, including Form I-9 Compliance’s secure web site and search functionality, to any third party not authorized to view or use such materials.
    F. That Client agrees to comply with all provisions of the signed MOU between Client, the DHS-UCIS, the SSA and Form I-9 Compliance as the Designated Agent.
    G. That should Client receive a "Final Nonconfirmation" stating that an employee does not have the legal authorization to work, Client, within three (3) days from the date of the Final Nonconfirmation, agrees to electronically notify Form I-9 Compliance regarding the "Resolution of the Case" by selecting one (1) of the four (4) "Case Resolution Status" responses located on the "Employee's EVP Account Detail Page" on the Form I-9 Compliance website.

V. Fees for Services:

    A. Client agrees to all fees as defined on the website.
    B. If Client terminates this Agreement and ceases to use Form I-9 Compliance’s services, at Clients’ option, Form I-9 Compliance shall continue to provide Client access to its secure “Archived Form I-9’s” on the Form I-9 Compliance website for a set agreed upon monthly fee to be determined.

VI. Term and Termination:

    A. This Agreement is non-cancelable by Client for a 12 consecutive month period from acceptance. Subsequent years are processed as an auto renewal unless cancelled by written notice ninety (90) days in advance of termination date.

VII. Indemnification and Remedies:

    A. Use of the Software, Website and Services is at Client’s own risk. Form I-9 Compliance does not give legal advice, nor provide legal services, through the Services, Software, Website or otherwise. The ultimate utilization of Client data and the subsequent action(s) undertaken by Client are Client’s sole responsibility.
    B. A variety of State and Federal laws prescribe various elements of legally enforceable signatures. Client bears all risk and responsibility to determine whether all elements required under applicable law are met in connection with effectiveness, validity and enforceability of Form I-9 Compliance’s electronic communications and signatures.
    C. Although every reasonable effort is made to help ensure the accuracy of information provided to Client, Client understands that said information is derived from various governmental sources and data banks. Consequently, Form I-9 Compliance cannot guarantee the accuracy, completeness and timeliness of information reported from such sources.
    D. Any decisions and subsequent actions taken by Client based upon the information contained in any I-9 Report shall be at Client’s sole risk.
    E. Form I-9 Compliance shall not be liable for any harm or damage to Client or its employees if Form I-9 Compliance relies on incorrect, inaccurate, incomplete or untimely information provided to it by Client, the DHS-UCIS or the SSA. Further, Client agrees not to bring any claims, lawsuits, or charges against Form I-9 Compliance should such instances occur.
    F. Client’s exclusive remedy for any Report disputed by Client shall be re-verification of the information within the report at no additional charge.
    G. Client agrees to indemnify and hold Form I-9 Compliance harmless from any loss, damage or liability, including reasonable attorney’s fees related to any claim with respect to any verification or release of information to Client, when Client did not comply with the provisions of the MOU or applicable Federal and State law(s).
    H. Except for Form I-9 Compliance’s gross negligence, willful misconduct, or violation of the provisions of the MOU, Client shall not seek indemnification for any losses nor shall Form I-9 Compliance be liable for any claim, loss, damage or injury related to or caused by the services provided by Form I-9 Compliance.
    I. Client and Form I-9 Compliance agree that in no event shall either party be responsible for any damages that exceed the cost of services provided. Accordingly, neither party shall be responsible for any punitive damages nor any consequential, incidental, direct, indirect, or special damages (including lost profits or revenue, or any effect on business goodwill) or other damages arising out of, or in any way connected to the performance of the services under this Agreement by either party or any third party.
    J. In the event of any dispute, controversy or claim between the parties hereto, the parties hereby agree that such dispute shall be subject to binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association located in Los Angeles, California. Form I-9 Compliance and Client acknowledge that by agreeing to arbitrate any such dispute, they have given up their right to have said dispute heard by a jury. The decision of the arbitrator(s) shall be binding and conclusive and may be entered as a judgment in accordance with the laws in the State of California.

VIII. Miscellaneous:

    A. Form I-9 Compliance reserves the right to maintain confidentiality of its data acquisition regarding the method by which it acquires data from various governmental sources and data banks.
    B. This Agreement can only be modified in writing signed by the Chief Executive Officer of Form I-9 Compliance and an authorized representative of Client. No waiver of a breach of any term or condition of this Agreement shall be construed to be a waiver of any succeeding breach.This Agreement may be accepted simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
    C. This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous oral or written Agreements, representations and understandings between the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both authorized parties. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by both parties.
    D. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person(s) other than the parties to this Agreement and their respective successors and assigns.
    E. Any and all notices or other communication required or desired shall be validly given or made if provided in writing and delivered or communicated using normally accepted delivery methods including email.
    F. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns.
    G. This Agreement shall be governed by the laws of the State of California. Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is a conflict between any provision of this Agreement and any present or future law, ordinance or regulation, the latter shall prevail, but the provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
    H. Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.

    I. Client acknowledges that obtaining the services referenced in this Agreement may raise legal issues. Client is hereby advised to consult with its own legal counsel regarding any issues or risks that may be involved with the services provided under this Agreement and acknowledges that Form I-9 Compliance has not provided Client with any legal advice regarding any of its services or any issues raised by this Agreement.

IX. Privacy Policy:

    This is the web site of Form I-9 Compliance, LLC. Our postal address is:

    24 Corporate Plaza, Suite 100 Newport Beach, CA 92660

    We can be reached via e-mail at info@formi9.com or you can reach us by telephone at 866-359-4949

    For each visitor to our Web page, our Web server automatically recognizes the consumer's domain name and e-mail address (where possible).

    We collect the domain name and e-mail address (where possible) of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address).

    The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to notify consumers about updates to our Web site, used by us to contact consumers for marketing purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website.

    With respect to cookies: We use cookies to record user-specific information on what pages users access or visit, customize Web page content based on visitors' browser type or other information that the visitor sends.

    If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.

    With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.

    From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

    Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, financial information (e.g., credit card account information) that we maintain about them, unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them .

    Consumers can access this information by writing to us at the above address. Upon request we offer visitors no ability to have factual inaccuracies corrected in information that we maintain about them With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

    If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

X. Delivery Standards:

    Within 24 hours business hours(excludes weekends and holidays) of a successful completion of the purchasing process and the completion of the Client Registration form, the Client will sent via email their unique login credentials and will be able to start using the Form I-9 System.

XI. Refund / Return Policy:

    Form I-9 Consulting offers a 30 day money back satisfaction guarantee. Requests for refunds can be sent to info@formi9.com or by calling us at 866-359-4949. No refunds after 30 days.

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