C4 Investigations, Inc
Investigative Services Agreement
Section I
General Provisions
1. Agreement is made this day
of ,
by
and between:
C4 Investigations, Inc.
P.O. Box 24
St. Johns, MI 48879
E-mail Address: Chris@C4Investigations.com
hereafter known also as the
AGENCY, and
Name
Address
City, State, Zip
Code
Telephone Number
hereafter known as the CLIENT.
2. Licensing &
Regulatory Authority:
A. C4 Investigations holdsa Private Investigator's License issued by the State of Michigan – Department of Consumer
and Industry Services whose office is located in Lansing, MI. Investigative
Services provided in other jurisdictions are conducted underneath the Private
Investigator's License of the selected associate(s) and/or affiliate(s).
B. Both parties agree that
for the purposes of Legal Venue, this agreement is made in the State of Michigan,
County of Clinton and that the laws of that jurisdiction will apply in all
matters as they relate to the interpretation of this agreement.
3. Requested Services:
A. Client retains Agency to conduct an investigation specifically explained
below and/or in the Case Intake/Assignment Form. Client agrees to all fees and
costs hereinafter incurred as a result of that investigation.
B. As such, Client agrees
that Agency is empowered to perform said services for and on behalf of Client,
and to do all things necessary, appropriate, or advisable in performing said
services for and in the best interests of Client.
C. Services To Be Provided:
Agency offers various
types of investigative services, including but not limited to surveillance,
investigative research, interviews, background investigations, undercover
investigations, people locates, Internet & E-mail tracing, polygraph
services, computer examinations as well as electronic surveillance
countermeasures.
No illegal or unethical
services will be knowingly provided by C4 Investigations Inc. Client certifies
that he/she is not knowingly requesting illegal services. Agency reserves the
right to decline or terminate without advance notice any assignment it deems to
be illegal or unethical or in Agency's sole opinion detrimental to Agency.
Agency will perform services in compliance with all state and federal laws,
regulations and best practices.
Specifically, Client has engaged the services of Agency to provide the
following scope of services. This brief description supplements the detailed
information provided in the Case Intake Form.
Type in a brief
description of what you want done:
4. Due Diligence:
A. Agency agrees to conduct the investigation with due diligence to protect the
interests of the Client and to the best of their ability. All expressions made
relative thereto are matters of Agency's opinion only.
B. No Warranties or
Guaranties:
Neither Agency nor its
employees or agents have made any warranties or guaranties as to the success of
the investigation, research or other matters of question. Due to the Nature of
Investigative work, no warranties or guaranties can be given as to the success
or quality of the results achieved. Client understands that surveillance's and
investigations by their nature are limited by time and resources. The
information obtained may not be that which is desired or in the favor of the
client.
C. Agency does warrant that
all work fees that are billed will be performed on behalf of the client, and that
no charges will be made for research work that isn't performed unless otherwise
contractually agreed to in advance.
5. Work Product:
A. Agency will generate reports of the investigation in a timely manner given
the Client's account is not in arrears. The Client will be supplied with
supporting documentation and/or material as it becomes available. Every
reasonable effort will be made to insure that the quality of the information
will be accurate.
B. Original notes or
documents considered "work product" will not be released and remain
the property of Agency. Only the written report is released to the client.
Agency reserves the right to withhold any and all reports and/or evidence
pending payment in full and bank clearance thereof.
C. Client
understands that surveillance tapes and pictures are by their nature NOT
television studio-type productions and are often taken long distance, from
unusual locations and during extreme weather conditions and as such, the
quality can be variable. Agency will proceed with due diligence to obtain
quality video and/or pictures that can be obtained given the circumstances. No
"Audio" recordings will be made relative to surveillance tapes.
1. Original videotapes and/or negatives will not be released
to client, but will remain the property of Agency until such time as
surrendered in court as evidence. Copies for the purpose of the Client's review
will be made at the Client's request.
D. Technical Services
investigations in which computer hard drives, media, TSCM related equipment are
discovered and/or examined are considered "work product" will not be
released and remain the property of C4 Investigations Inc. Only the written
report is released to the client.
SECTION II
FEES AND EXPENSES
1. Service Payments:
The Client agrees to pay Agency for its time, material and service fees as
follows:
A. Typically all work is
done under a retainer in which funds in the amount of the retainer are placed
in trust with Agency who will deposit said funds into a bank account separate
of its business account and hold the retainer as pre-payment for work to be
done under this agreement.
B. Retainers are refundable
except for a minimum service fee of four (4) billing hours which shall be
charged on all cases where the assignment is canceled prior to the work being
initiated, but after the agreement has been executed. In situations where the
assignment is a multi-day investigation, one (1) day's billing will be charged.
In situations where the investigation has been initiated but canceled prior to
the first billing period being completed, the assignment will be billed in its
entirety for that billing period. Any balance is refunded to the client within
ten business days.
C. The retainer is charged for
the work that is done under this agreement at the agreed upon rates. All
services are to be paid by retainer in advance, however in the event that the
services rendered are in excess of the retainer, Client agrees that the service
fees are due and payable upon demand.
1. Client agrees that any balance owing on the agreement,
together with accrued expenses, plus costs of the investigation, shall be due
and payable in full prior to any court appearance of Agency and that any monies
not paid in full as agreed will be subject to 5 percent interest charge per
month or any portion thereof for each and every month the balance remains
unpaid. Client further agrees to pay for all costs of collection plus
reasonable court and attorney fees. Client also agrees to pay any and all
direct and/or indirect fees and costs associated with any payments made via
credit card that are charged back.
2. In the event that no retainer is collected, then the
services provided will be billed by invoice and due upon receipt of said invoice.
Client forfeits all rights to reports, evidence, photographs, video,
information and other related items if invoices are not paid within terms.
3. All fees are due at the completion of this assignment, or
upon either the Client or Agency's determination that no further action can be
taken to complete this assignment.
4. On all assignments, which are expected to last longer
than 30 days, that portion of the work that has been completed will be billed
and payment will be due upon receipt of the invoice.
5. Agency reserves the right to require payment in advance
for excessive investigative expenses.
D. The Client hereby agrees
to and authorizes a Consumer Credit Inquiry & Report be conducted for the
purposes of Agency to verify the Client's ability to pay for the contracted
services.
E. The Client agrees that
Agency is engaged solely by yourself or your company. Payment is required as
specified within this agreement regardless of your client's ability and/or
willingness to pay and/or result of any legal action the investigation may be
in support of.
2. Retainer Amount:
The retainer amount of this assignment is $ ,
receipt of which is acknowledged by this signed agreement. Otherwise the amount
of funds deposited with Agency are $ .
A. Service will not be initiated until, at the option of
Agency, a retainer check has been determined to have sufficient funding, or an
open account has been established to cover the cost of the investigation.
3: Fees:
A. Hourly Rate for the Primary Investigator on your case is $ .
Time and travel are calculated from our closest local office unless otherwise
stipulated.
B. Additional Investigators
that may be authorized in your investigation will be billed at the hourly rate
of $ per hour.
C. Mileage fees of $ per
mile will be charged for each mile driven during the course of the
investigation.
D. Additional fees for
expenses authorized by the client will be made at either exact costs or flat
rates based upon a fair and reasonable charge for documents, copies, and other
material and equipment approved by the client in advance of the fee.
E. As a safeguard toward
unforeseen expense for the client, Agency agrees to NOT EXCEED $ in
total costs without prior approval of the client.
4. Telephone Fees:
Agency will agree to consult with Client free of charge for a maximum of
15-minutes per day. All calls in excess of this amount are billable in 15
minute increments at the normal hourly rate. Other telephone fees incurred
during the investigation will be billed at $0.25 per minute.
5. Report Writing Fees:
One (1) hour report writing will be billed to the investigation for report
submitted or for every six (6) hours of Investigative Research or Surveillance,
whichever time period is greater.
6. Video Photography,
Tape Review & Copy Charges:
Charges to review Surveillance Tapes will be made at the rate of $ per
hour. $5.00 per copy of VHS videotape used and/or submitted to the client.
Photographs, film and processing will be billed at cost plus a $10.00 handling
fee.
7. Court Appearances:
Client agrees to pay Agency a reasonable fee for time spent in Court at the
request of Client, Client's Attorney, Court, or Governmental Agency due to this
investigation. Said fee shall not exceed the agreed upon per hourly rate listed
above for time spent in court or on standby. Standby time is defined as any
time spent waiting and/or traveling to/from court so that the investigator is
immediately available and accessible for the court.
8. Miscellaneous:
Client agrees to pay Agency a reasonable fee for time spent for any assignment
related meetings, telephone conferences, travel time, case and/or trail
preparation or expenses not specified above.
SECTION III
PERIOD OF SERVICE
1. Period of Service:
This agreement is valid for the duration of the investigation or until such
time as it is canceled by either party by written notice to terminate the
agreement. No termination shall prejudice Agency rights to collect payment for
services completed prior to the termination of this agreement.
2. Accommodations
Required:
Agency will make every effort to accommodate Client's needs and preferences,
subject to existing contractual obligations.
3. Responsibility to
Cooperate:
All parties agree to timely actions and produce information and documents as is
reasonably necessary to carry out the scope of this agreement. Clients and/or
their representatives are not allowed to accompany Agency investigators during
an investigation. Unauthorized client participation will result in a forfeiture
of retainer if applicable.
SECTION IV
CONFIDENTIAL INFORMATION:
1. Access to and
Protection of Client's Confidential Information:
Agency acknowledges that in the course of this agreement it shall have access to
confidential and proprietary information of the Client and agrees not to
disclose any information without prior consent. Any information obtained as a
result of the investigation will only be released to the client or his
designated representative and will otherwise remain confidential information.
2. Indemnification of
Agency from Client Provided Information:
Client agrees to indemnify and hold Agency harmless against all claims arising
out of or related to any information which the Client provides to Agency prior
to or during the course of the Services provided.
3.Indemnification of
Agency from its Services or Information Provided:
Client agrees to indemnify and hold Agency harmless against all claims arising out
of or related to the services of Agency or information provided by Agency
herein EXCEPT for those arising from Agency's Intentional and Wrongful acts.
A. Client agrees that as a result of becoming a client of
Agency, "Certain Information" as it relates to the practices and
procedures of Agency may become known and that Client specifically agrees that
they will hold any such information as confidential, not to be discussed with
anyone outside the scope of this agreement.
B. Client acknowledges that the investigation will be or
could be greatly damaged if the subject(s) of this investigation were to become
aware of the activities of Agency relative to the research and surveillance in
progress and therefore agrees to keep our relationship confidential at all
times during the investigation.
4. Accuracy of
Information Sources:
Search reports are performed strictly by the information provided on the
subject by the Client. Any error in spelling or sequence of numbers can result
in wrong information on the subject. Data is supplied from different private
sources, computer systems, public information facilities, government open
record institutions and might also contain confidential source information. All
attempts are made to maintain the integrity of this data. Agency cannot be held
liable for inaccuracies contained in public record information or databases
accessed. Furthermore, information has been gathered from sources and
individuals deemed reliable by Agency; however, no guarantee, warranty, or
other representation is made as to the accuracy of information received from
third parties, or its suitability for any particular purpose.
5. Responsible Use of
Information:
Although Agency is NOT a consumer reporting agency, Agency continues to promote
the responsible use of the information that it provides, and reserves the right
to withhold information for which agency deems is outside the scope of a
permissible purpose or otherwise defined by state and federal law and/or
regulation. "Confidential Information" shall not include such
information as is or becomes part of the public domain through no action of
Agency. The client is responsible to safeguard the information provided from
unauthorized third party disclosure as defined by the Gramm-Leach-Bliley Act
(GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions
Act (FACTA), Drivers Privacy Protection Act (DPPA) and Right to Financial
Privacy Act (RFPA) and applicable state and federal laws and regulations. It is
incumbent upon the client and their representatives to be knowledgeable about
such laws and regulations and/or seek legal counsel prior to dissemination of
reported information. Furthermore, the client affirms that the information
requested and/or learned during the investigation is not to be used for
harassment, stalking, intimidation, threatening or any other illegal
purpose(s).
6. Client
Misrepresentation:
Client attests that he has not misrepresented himself, his company,
organization or purpose for requesting the services that Agency provides.
Client understands that misrepresentation in this agreement, in Agency's sole
opinion, may result in civil and criminal action against the Client and/or his
organization as well as any and all monies paid to be forfeited. Agency
reserves the right to refuse service to the client for any issue of security,
safety, unlawful, unethical or immoral reasons.
SECTION V
OTHER PROVISIONS
1. Entire Agreement,
Modification & Assignment:
This instrument constitutes the sole and entire agreement between the parties
except where modified in writing, signed by both parties and attached as part
of this agreement. Client agrees that Agency may assign this agreement to a
sub-contractor in part or whole to complete this assignment, but at all times,
Agency will continue to meet the terms and conditions of this agreement.
2. Binding Effect &
Terminology:
This agreement is binding for the benefit of and upon the parties hereto, their
heirs, executors, assigns, legal representatives, and successors. As to
terminology, the context may require in this agreement, singular shall mean
plural and vice-versa.
3. Agency Expertise:
Agency is not a law office and therefore does not provide legal advice, nor
does it provide financial, insurance or personal counseling services. Any opinions
expressed during client conferences are based upon prior experiences and
knowledge and do not constitute, reflect, or guarantee future outcomes or
results. Client is encouraged and advised to seek expert and professional
advice in these areas.
4. Acceptance of
Agreement:
This agreement does not become valid until such time as it is accepted by both
the Client and Agency, indicative by the signatures below.
SECTION VI
SPECIAL STIPULATIONS
1. The following special
stipulations are included in the agreement:
ACCEPTANCE:
This being our agreement, I
hereby authorize this investigation and agree to the terms and conditions
listed herein. By submitting this form, I hereby certify and affirm that the
information supplied above is true and accurate to the best of my knowledge at
this time. I further represent and affirm that I am authorized to order and
financially contract for this assignment. I understand that my knowingly
supplying false or misleading information may result in my case being rejected
and/or terminated. I will forfeit any and all funds that may be paid to Agency
pertaining to this case if any information is discovered to be false,
misleading, or compromising the ethical and/or legal obligations of Agency in
the sole opinion of Agency.
Client:____________________________________
Contact Telephone Social
Security #
C4 Investigations Inc identified
as Agency in this agreement agrees to conduct the investigation.
_____________________________________
C4 Investigations, Inc