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*** Included Client Agreement For Reading Ease ***
This agreement, IF ACCEPTED, will be between the herein described, referenced and indicated in above intake details, and will hereinafter be referred to as ‘CLIENT’ and EnlightenMineEyes Investigations, hereinafter referred to as EME. EME will endeavor to provide the services requested, or as amended in writing, as permitted by law. Requests for modifications must be made in writing.
EME shall provide CLIENT with investigative services which may result in written reports as set forth in the conditions described. CLIENT agrees that reports may be delivered by facsimile, eMail, or telephonically. Written reports may not be available in every case at the sole discretion of EME, and whenever possible reports shall be provided not later than seven business days following conclusion of all activity.
SECURITY: EME will NOT provide information that could result in harm or confrontation, such as physical locations of the primary subject or offending party as indicated in the above intake document. In ‘LOCATE’ cases, such as ‘lost loves’ or ‘adoption’ EME will contact the sought party and provide them the opportunity to refuse contact. CLIENT may provide a written statement to the sought person/s for delivery by EME, and this written statement may not exceed more than three paragraphs, cannot be in a sealed container, and it is herein understood that EME shall determine if such written statement is appropriate to deliver to sought party. At no time shall threats, whether veiled or overt, be delivered to any party at any time. Should such contact by sought party be refused, CLIENT, hereby agrees and acknowledges that services have been provided as requested, the agreement has been fulfilled and any outstanding amounts are due immediately. CLIENT understands that knowingly providing false, misleading or incomplete statements or information as related to this agreement shall result in an immediate termination of this agreement, forfeiture of all retainers and all monies due shall be immediately payable to EME.
WARRANTY: EME shall provide services in a professional and ethical manner under the terms of this agreement in a timely manner, using professional generally acceptable standards in the private investigation community.
DISCLAIMER: CLIENT accepts and acknowledges, by submission of form, that EME is here to help you with your investigative need/s. Any information or leads acquired, or provided, will be used to meet that goal. While EME makes every effort to fulfill the expectations and goals of the CLIENT, EME will not fabricate information to substantiate your desired results. CLIENT understands and agrees that there is NO GUARANTEE the outcome will meet CLIENT’S expectations or goals. CLIENT acknowledges and accepts that incorrect data sources, safety factors, legal issues, poor lighting and other unforeseeable factors may influence work product and outcome of case.
PAYMENT: CLIENT agrees and accepts that chargebacks shall be collectible at treble the amount charged back. This includes PayPal chargebacks. CLIENT agrees to pay EME for all work performed within 48hours of receipt of invoice. Mileage is calculated at $0.60 (sixty cents) per mile. Optional services provided at CLIENT’S, request or necessity, shall be subject to such specialists rates, and rates may vary dependent upon specialist required. (Examples include Forensics Specialists for phones, computers, etc). CLIENT understands and agrees to pay all billed expenses, including but not limited to media, equipment, phone calls, administrative, postage, travel, hotel, and per diem expenses within forty-eight hours of receipt. For the purposes of clarification, telephonic, email, texts, and instant message conversations with CLIENT and others are considered part of the investigation; as is report preparation, (including verbal reports, dictation, and written reports) reviews of all data, correspondence, travel time, legal and other research necessary and any other services requested or required to meet CLIENT goals, and are billable and payable upon not later than forty-eight hours of receipt. A minimum of two hours shall be charged for all cases; additional time is billed in thirty minute increments as needed after the initial two hours. Rounding of time shall be permitted by EME at their sole discretion (up after the quarter hour and down prior to).
Depositions, court ordered testimony and other stand by time is billed at the hourly rate of $75 per hour, billed in two hour increments (does not include mileage, tolls, parking fees, etc) after four hour minimum. EME bills for lost or wasted time (cancellation, postponement) regardless of cause of loss/waste, whether the loss/waste is caused by CLIENT, witness, court, Hearing Officer, attorney(s), defendant(s), or opposing side. This is NOT included in cases worked free of charge, but is an extra billable expense that is payable in advance of any required presence.
RETAINER: CLIENT shall submit a non-refundable retainer in the amount of $500, with submission of case intake, and prior to commencement of any work. EME will notify CLIENT in the event additional retainer is required. EME shall not extend credit and should additional retainer be advised further work will not be performed until such time as additional retainer is received. EME shall not be held accountable for work not performed during such time as funds are due and not received regardless of necessity toward case outcome. Should such additional retainer become due, it is payable immediately upon notification of CLIENT, and notification shall be accepted as eMail, text message or telephonically. Retainer is required prior to the initiation of services and is non-refundable. CLIENT acknowledges and agrees that interfering with the case, including but not limited to specific directive requirements, exposing or endangering investigators or the investigation; or interfering with any investigation including calling operatives, showing up, driving by a surveillance location, or alerting the subject etc. If EME determines that any of these conditions have been violated EME will stop work immediately and CLIENT forfeits their entire retainer and any remaining balance is due immediately. Any of these behaviors will cause loss of retainer and/or any prepaid funds, as well as any/all costs incurred in the defense of contract, investigators, and legal protections necessary. Client agrees and accepts responsibility for any such loss incurred.
DISCRETION: CLIENT does hereby agree that EME shall conduct investigation at its sole discretion via any lawful means at its disposal. EME may employ multiple agents, specialists, or subcontractors at it’s sole discretion. Further, CLIENT understands, accepts and agrees that interference in the case by CLIENT may endanger EME, it’s agents, subcontractors and is cause for immediate termination of this agreement; and termination of this agreement for such interference shall be ground for the loss of any retainer/s on file, and CLIENT shall remain responsible for any un-billed costs and expenses. In the event of such occurrence and the violation of this paragraph, payment in full is required within twenty-four hours. In the event, payment is not received within the twenty-four hours as herein indicated, CLIENT agrees to liability for all legal or other necessary fees in pursuit of outstanding balances.
LEGAL COMPLIANCE: In the process of obtaining CLIENT goals, EME shall comply with all provisions of Federal, State and local laws and regulations. EME assumes, and CLIENT assures, that any information provided to CLIENT shall be used for lawful purposes only. CLIENT warrants that all information provided to CLIENT shall be used in accordance with all Local, State and Federal laws. EME shall cancel this agreement, at it’s sole judgement and discretion, if at any time the investigation is determined to jeopardize the safety of it’s agents or others, or if it is discovered that CLIENT has made misrepresentations to EME, or is in violation of any Local, State or Federal laws.
INDEMNIFICATION: CLIENT agrees that CLIENT’S request for information is permitted by law, and that CLIENT intends to use the information for a purpose permitted by law and none other. EME does not assume any liability arising out of the use of EME work product, by CLIENT or others. CLIENT, CLIENT’S heirs, beneficiaries, devisees, legatees, administrators and assigns, or any user of the work product provided to CLIENT by EME agree/s to indemnify and hold EME, its officers, agents, subcontractors and employees harmless from any and all causes of action, liabilities, claims, damages and demands of whatever type, including attorney fees, expenses, costs, and judgments arising from CLIENT’S use or possession of the information provided by EME.
CONFIDENTIALITY: EME will keep and maintain all reports strictly confidential. Except where required by law, to prevent harm or to enforce this agreement, no information from reports shall be revealed to the person reported on or to any other person unless CLIENT gives express written consent. Nonpayment, misrepresentation, or other agreeement violations shall constitute a waiver of CLIENT’S right to confidentiality, as required by EME to collect on monies owed, or to prevent harm.
RESPONSIBILITY: CLIENT agrees that EME is engaged solely by CLIENT, regardless of any third party’s ability and/or willingness to pay, and further agrees that if any monies owed are not paid by you within forty-eight hours after request is rendered, they will be subject to the maximum legal interest rate allowable per month and CLIENT shall be responsible for any reasonable expenses associated with collections including, but not limited to, EME time at standard hourly rate (even if hourly rate had been herein discounted), and all attorney fees and costs related to collection of any past due amounts from CLIENT. A failure to pay shall void confidentiality. CLIENT further warrants that CLIENT is in a position to enter into this agreement on behalf of CLIENT, and that CLIENT has the authority to hire EME. CLIENT personally guarantees payment of all charges incurred and payable to EME whether billed or not at the time of voiding of confidentiality/agreement or completion of agreement. Credit card chargebacks and stop payments are covered under this agreement and in the event of CLIENT initiating either chargeback or stop payment, EME shall pursue payment in accordance with the debt collection process as permissible by law. In addition, CLIENT shall be responsible for any overdraft fees, returned deposit fees, or chargeback fees associated with CLIENT’s payment, chargeback or stop payment.
ENTIRE AGREEMENT: Submission of form is acceptance of agreement in it’s entirety. This submitted document contains the entire agreement between CLIENT & EME, EXCEPT the hourly rate for this investigation which shall be provided via email after submission of intake form and evaluation of case data submitted; and there are no other promises or conditions in any other agreement, oral or written, concerning the subject matter of this agreement. If the parties agree to the rate as determined by EME, submitted to the client (telephonically, via text message or email) and as accepted by CLIENT, verified and validated by submission of payment in amount and in format as agreed upon. This agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY: If any provision of this agreement shall be determined invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. A fax copy of this agreement shall serve as an original. Photocopies of this agreement shall be considered as valid as the original.
AMENDMENT: Modifications or amendments to this agreement shall be in writing, and such writing shall be signed by the party obligated under the amendment before accepted.
GOVERNING LAW: This agreement shall be considered to be entered into in the jurisdiction of the State of Florida, Clay County, and construed in accordance with the laws of the State of Florida, Clay County.
NOTICE: Any notice or communication required or permitted under this agreement shall be sufficiently given if delivered via eMail read-receipt verified to EnlightenMineEyes@gmail.com or Admin@EnlightenMineEyes.com, by facsimile to (904) 512-5334 via delivery-receipt verified, by hand delivery, or to such other accommodation as one party may have furnished to the other in writing.
ASSIGNMENT: Neither party may assign or transfer this agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
Submission of form is agreement to this agreement in its entirety, that CLIENT has fully read, and understands this agreement. In witness whereof receipt of the agreed upon retainer has been received and accepted by EME, the parties, EME by acceptance of retainer as herein described; and CLIENT by completion, submission and payment thereof, shall accept agreement as a signed and legally binding agreement; and indicates acceptance of agreement by typing their full legal name into the above form and submitting same online. Both CLIENT and EME agree to acceptance of these terms as herein described using the online forum represented and agree to be bound by same.
Please email any/all supporting documentation (pictures, videos, etc) to the email indicated below. Submission of this intake form does not constitute a agreement between the parties until such time as the retainer/payment has been paid by CLIENT and accepted by EME.
EMAIL SUPPORTING DATA TO Admin@EnlightenMineEyes.com