Checkr Terms and Conditions for
Connection to Tracker I-9
These Checkr Terms and Conditions for Connection to Tracker I-9, together with any applicable Order Forms (collectively, the “Agreement”) is an agreement between Checkr, Inc. (“Checkr”) and you or the entity you represent (“Customer”, “You” or “Your”) and sets forth the terms and conditions related to the products and services offered by Tracker Corp. (“Tracker”) via Checkr Connection to Tracker. This Agreement takes effect when You click the “Continue” button or check the box presented with these terms or, if earlier, when You use any of the offerings described herein (the ”Effective Date”). You represent to us that You are lawfully able to enter into this agreement (e.g., You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. By accessing the Checkr Connection to Tracker and any Tracker Products, You are agreeing to be bound by this Agreement.
This Agreement incorporates by reference and shall be governed by the terms and conditions of either: (1) the Master Services Agreement that governs the relationship between You and Checkr; or (2) if no such agreement exists or can be located, the Services Agreement located at https://checkr.com/customer-agreement (the applicable agreement referred to as the “MSA”). By accessing the Tracker Products, You represent that You are a current Checkr customer and have previously executed the MSA. Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in the MSA and DPA.
“Checkr Connection to Tracker” means the integration connected dashboard to access Tracker for status information only.
“E-Verify” means the web-based system through which employers electronically confirm the employment eligibility of their employees, administered by the Department of Homeland Security (“DHS“) in partnership with the Social Security Administration (“SSA”).
“I-9 Data” means the data (including, without limitation, Personal Data) which You authorize Checkr to Process for the purpose of completing I-9 Forms in accordance with Your instructions. For the avoidance of doubt, Checkr is the Processor of I-9 Data for the purpose of completing I-9 Forms and You are the Controller for this processing purpose.
“I-9 Form(s)” means the Department of Homeland Security’s (DHS) US Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form(s).
“I-9 Laws” meansfederal immigration laws, statutes, rules, codes, orders and regulations, including, without limitation the Immigration Reform and Control Act of 1986 (IRCA), the Immigration and Nationality Act (INA), 8 CFR §274A and or the provisions added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as amended, and any successor statutes thereto, 8 U.S.C. § 1324b, Unfair Immigration-related Employment Practices (together with associated regulations, agency and administrative rulings), as well as 75 FR 42575-42579 or “Electronic I-9 Regulations.”
“Tracker Products” means the employment eligibility verification products and services provided by Tracker.
“Tracker System” means the Internet-based software provided by Tracker for employment eligibility verification products and services that is accessible through an integration.
“Tracker Terms and Conditions” means the Tracker Terms and Conditions available at the following website link: Tracker Terms and Conditions. By using Tracker, You are agreeing to be bound by Tracker Terms and Conditions.
“Order Form” means one or more documents that may be issued pursuant to this Agreement by Checkr specifying, among other things, the Tracker Products you seek to obtain via Tracker.
2. INCORPORATIONS BY REFERENCE
3. THIRD PARTY SERVICES
The Tracker Products and services provided hereunder are deemed to be “Third Party Services” as defined in the MSA. In the event of a conflict between the MSA and this Agreement, this Agreement shall prevail with respect to Your use of the Tracker Products.
4. COMPLIANCE WITH LAWS
You are solely responsible for complying with all applicable laws, rules, guidance and regulations promulgated by DHS, including the USCIS and Immigration and Customs Enforcement (ICE), the Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and any other governmental agency regarding (i) the completion, amendment, correction and storage of I-9 Forms, (ii) E-Verify, if applicable, including posting notices of participation in E-Verify and participating in Tracker E-Verify Training, (iii) the accuracy, compliance and proper handling of any I-9 Data shared between Checkr and the Tracker System, (iv)the input, transfer, import, migration or upload of historical, archived digital or digitized paper l-9 Forms and I-9 Data to the Tracker System, and (v) any anti-discrimination related guidance, regulations, provisions and laws.
You acknowledge and agree that Checkr bears no responsibility or liability whatsoever for any failure or alleged failure to comply with the completion, correction, reverification, amendment, retention and storage rules related to the I-9 Forms. In order to ensure Your compliance with I-9 Laws, You should (i) consult Your own legal counsel about Your use of the Checkr Connection to Tracker and Tracker Products; (ii) periodically audit and review the Tracker System and the I- 9 Forms created through Your use of the Tracker System; and (iii) run applicable reports to ensure that You are timely completing the I-9 Forms and E-Verify queries (if applicable), as well as timely completing reverifications and updates.
You should also have your own legal counsel review the Tracker System for compliance with the Department of Homeland Security recordkeeping standards for the generation and storage of electronic I-9 Forms at 8 CFR 274a.2(e)-(i) and all related sections as amended by 75 FR 42575-42579 (“Electronic I-9 Regulations”).
You have sole responsibility for the accuracy, compliance, security, quality, integrity, reliability and use of the I-9 Data shared or otherwise provided to Tracker, including, but not limited to, historical I-9 Data; I-9 Forms; and any and all attachments, documents, notes or records related to the I-9 Forms, whether uploaded, migrated, imported or inputted into the Tracker System by You, Tracker or Checkr. It is at Your sole discretion to elect to upload, migrate, import or input any I-9 Data into the Tracker System. You represent that You have obtained all necessary consents for Processing the I-9 Data and have sole responsibility for any consents for such Processing, including, but not limited to, the transmission or sharing of I-9 Data from Checkr to the Tracker System. In the event that You determine that You are exempt from obtaining any consent requirements for Processing the I-9 Data, You represent that You have sole responsibility for establishing such exemptions.
You authorize Checkr to Process Your I-9 Data for the purpose of completing I-9 Forms. Such Processing includes, without limitation, providing initial data for any I-9 Form fields and otherwise sharing with Tracker Your I-9 Data, including but not limited to, Consumer Name, Social Security Number, Date of Birth, Phone Number, Email Address, Work Start Date, as well as, Your Legal Company Name, Work Location.
5. TERM AND TERMINATION
If You default in Your payment obligations under this Agreement, Checkr may deny or suspend Your access to the Checkr Connection to Tracker, Tracker System, Tracker Products and/or terminate this Agreement. This Agreement may also be terminated by Checkr following notice to You due to changes in laws or regulations that make performance of this Agreement illegal or impermissible.
6. EFFECT OF TERMINATION
Upon thirty (30) days after termination of this Agreement or the MSA, all unpaid fees and invoices shall be due. You are responsible for all fees and payments of any services during the transition period post termination. You are solely responsible for record retention requirements related to the I-9 Forms or any Tracker Products following termination of this Agreement. You are responsible for transferring data from Tracker, including paying any fees associated with export or transfer services.
You agree to defend, indemnify and hold harmless Checkr, and its subsidiaries, affiliates, partners, licensors, directors, officers, employees, and agents (the “Indemnified Parties”) for any damages, losses, judgments, costs, or expenses, including reasonable attorneys’ fees, arising from any third party claim, action, or demand (collectively “Claims”) arising out of or relating to: (a) Your use of the Checkr Connection to Tracker or any Tracker Products; (b) Your violation of any law, rule, regulation; or (c) Your breach of any covenants, representations or warranties of this Agreement; or (d) Your willful or malicious conduct. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You takes that imposes an unreasonable burden or load on Checkr or its infrastructure.
8. NOT LEGAL ADVICE
ANY ADVICE, TRAINING OR INFORMATION WHETHER WRITTEN OR ORAL THAT IS GIVEN BY CHECKR OR TRACKER IN THE COURSE OF OFFERING THE TRACKER PRODUCTS IS FOR INFORMATIONAL PURPOSES, IS NOT INTENDED AS LEGAL ADVICE FOR ANY PURPOSE WHATSOEVER, AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE OR A LEGAL OPINION. USE OF THE CHECKR OR TRACKER PRODUCTS DO NOT CREATE, AND ARE NOT INTENDED TO CREATE, ANY ATTORNEY CLIENT RELATIONSHIP.
9. LIMITATION OF LIABILITY
CHECKR WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY OR ERROR IN THE CONTENT, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHECKR’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM IN THE AGGREGATE. RECOVERY OF THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER AND THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY UNDER THIS SECTION CONSTITUTE A FUNDAMENTAL BASIS OF THEIR BARGAIN.
NOTWITHSTANDING THE FOREGOING, CHECKR SHALL HAVE NO LIABILITY WHATSOEVER FOR CLAIMS RESULTING FROM: (I) YOUR ACTS OR OMISSIONS RELATED TO YOUR OBLIGATIONS UNDER THIS AGREEMENT; (II) YOUR I-9 DATA; (III) A VIOLATION OF LAW, INCLUDING, BUT NOT LIMITED TO, I-9 LAWS BY YOU; OR (IV) YOUR VIOLATION OF OBLIGATIONS UNDER THE E-VERIFY MEMORANDUM OF UNDERSTANDING.
10. NO CONSUMER REPORT INFORMATION
Checkr does not assemble, reassemble or evaluate any information bearing on a consumer’s character, general reputation, credit worthiness or mode of living in any way as part of the Checkr Connection to Tracker, the Tracker System, Tracker Products or any offering or service available through Checkr’s integration with Tracker. It is the parties’ understanding that the I-9 Data or information accessible on the Checkr Connection to Tracker or the Tracker System does not meet the definition of a consumer report and is not in any way subject to or covered by the Fair Credit Reporting Act (“FCRA”).
You acknowledge that Checkr does not audit Your compliance with the DHS, USCIS, ICE, DOJ/IER or any other governmental agency employment eligibility-related laws, regulations or guidance, including I-9 Laws, but rather provides an integration solution only to connect to the Tracker System and Tracker Products. Checkr shall not be liable whatsoever for Your failure to comply with I-9 Laws, instructions or requirements, including guidance found in the M-274 (USCIS Handbook for Employers), I-9 Central, ICE.gov or any I-9 Laws.
In the event that the I-9 Form or E-Verify activities are subject to an audit, investigation or fine by one or more governmental agencies, including but not limited to the, ICE USCIS, DOJ/IER, or other state or federal agencies, You shall provide prompt and reasonable notice to Checkr (and in any case no more than 16 hours after receiving notice of such audit, investigation or fine). Checkr shall be entitled to participate in such a process as applicable or at the request of third parties or any governmental authorities and respond to all questions directed at Checkr.
Checkr shall not be liable for any internal or external audit findings, reviews or analysis of Your records, including any failure to obtain proper employment verification documentation and any noncompliance with the anti-discrimination provisions of the Immigration and Nationality Act (INA).
12. FEES AND PAYMENT
Fees and payment terms for the Tracker Products will be in accordance with the terms of the MSA.
13. TRACKER PRODUCTS
The Tracker Products that may be available to You include, but are not limited to, the following:
- Electronic I-9 – electronic signature, storage, E-Verify (if applicable), and remote hire options.
- Access to Remote Alliance Network – option for customers to leverage a Remote Alliance Network to handle Section 2 completion.
- Electronic I-9 Migration and Storage – option for customers to input historical I-9 records into Tracker System.
- I-9 Audit Support – in the event of an ICE Notice of Inspection, required records will be provided by Tracker upon request.