Terms of SERVICE

BASIC TERMS OF SERVICE

1. 1. These Terms of Service will be governed and construed in accordance with the laws of the State of Texas.

   2. My company is subject to initial and/or ongoing credentialing and/or verification of legitimacy and acceptable use case in accordance with applicable law and industry best practices.

   3. The only permissible use for background checks obtained from KGI is for pre-employment and/or tenant screening purposes. Other permissible uses under applicable law require additional approval and documentation.

   4. You will not assemble and resell any information obtained from KGI as part of a Consumer Report.

   5. My company may be subject to on-site inspection and periodic re-inspection at its own expense before it can receive certain report components, such as employment credit reports.

CONFIDENTIALITY & PROTECTION OF SENSITIVE DATA

1. 6. You will maintain reasonable and prudent physical and electronic security protocols on applicant and KGI data and information systems, including end-user passwords.

   7. You will report actual or potential breaches of the KGI/Cloud system to care@kgi360.com as soon as possible.

PRE-ADVERSE & ADVERSE ACTION PROCESSES

1. 8. You will comply with the requirements of the FCRA, including providing an applicant a reasonable opportunity to dispute derogatory information discovered during KGI’s work prior to withdrawing any offers of employment or housing.

   9. You will inform applicants of their rights and ability to dispute KGI's findings by contacting KGI at disputes@kgi360.com.

PAYMENT FOR GOODS & SERVICES

1. 10. Payment terms are Net 30, unless otherwise agreed to in writing.

   11. Disputes of charges must be received prior to expiration of invoice terms.

   12. Billing disputes shall be made to care@kgi360.com

   13. Payments received more than 30 days after they are due are subject to interest of 1.5% per month on any outstanding balance.

INDEMNIFICATION

1. 14. You will defend and indemnify KGI and its suppliers against any and all claims, losses, costs and expenses, including reasonable attorney’s fees, which KGI or its suppliers may incur as a result of claims in any form arising from the use of the KGI/Cloud platform and/or information obtained from it.

FAILURE TO COMPLY WITH THESE TERMS

1. 15. KGI reserves the right to adjust, restrict, and/or terminate access to KGI/Cloud and/or other aspects of our relationship with you.

   16. KGI may terminate Customer’s access to the KGI/Cloud platform at KGI’s sole discretion if KGI believes that the Customer has breached its obligations set forth in this agreement; such termination does not change the terms, requirements or enforceability of any other term of this Agreement.