Terms of Service
TERMS OF SERVICE
The Terms of Service may also be referred to as, AGREEMENT.
Rates are for 3 attempts at random times for one address. Specific times, more than one address, or additional attempts, shall be subject to additional fees.
Documents over 20 pages will be charged an additional $00.15 per page after 20 pages. Two-sided documents will be considered two pages.
Priority Service: A process server, if available, will typically be sent out within 24-48 hours of receipt of the documents to attempt service.
Rush Service: Rush service documents will typically have the first attempt completed within 1 – 3 business days of receiving the documents.
Standard Service: Standard service documents will typically have service completed within 1 – 5 business days.
We do not serve documents on Sunday unless authorized.
Payment is due in advanced on most services. If applicable invoices past due by 30+ days are subject to a 5% interest charge.
PROCESS SERVICE CANCELATION
After the first attempt has been made, or in progress, the service is non-refundable.
If the first attempt of service has not been made, and you need to cancel your service, half of the total invoice will be refunded.
Affirm Investigations & Process Service, LLC, and Affirm Investigations LLC, a Colorado Private Investigation Agency, herein referred to as “AGENCY.”
Effective September 1st, 2021, Colorado will no longer require State licensing for Private Investigators. Most professional private investigators disagree with the State’s decision to end licensing. All licensed investigators have to give up their licenses, with no option to retain (keep) the license. Affirm Investigations, LLC, is an established business in Colorado and has legal authority to continue to conduct investigations for our Clients in Colorado and Wyoming. Our previous Colorado PI license # was: PI1.0000304. Affirm Investigations, LLC, will continue to be licensed in Cheyenne, Wyoming. Other than, Cheyenne, Wyoming, the State of Wyoming does not require a PI License to conduct investigative services. Our Business License # for Cheyenne, WY is: OL-22-43335. Due to our ability to retain licensing in Cheyenne, Affirm Investigations, LLC, will also retain our Bonding requirement. We will remained an Insured business, which has not changed.
SCOPE OF WORK
CLIENT retains AGENCY to conduct an investigation. CLIENT agrees to pay all fees and costs hereinafter incurred as a result of this investigation. 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. The parties hereby agree that the following investigative services have been requested by CLIENT and will be provided AGENCY, but that the actual time and manner in which the following investigative services are conducted shall be left to the sole discretion of the AGENCY.
CLIENT shall place a retainer in the possession of the AGENCY prior to any investigative service to serve as an initial retainer.
Should the retainer be insufficient, CLIENT agrees to promptly pay the AGENCY the additional amount in full upon receipt of an invoice. CLIENT understands and agrees that a monthly interest charge of 1.5%, or 18% per annum, will be applied to any unpaid balance over 30 days past due. If CLIENT interferes with the investigation in any way, investigation shall cease and all monies paid shall be forfeited to AGENCY. AGENCY agrees to notify CLIENT when approximately 80% of the retainer posted is exhausted. AGENCY will cease from any further investigation once the retainer has been depleted or if the projected investigative activity by AGENCY will exceed the remaining retainer. CLIENT shall promptly pay the AGENCY any additional funds the AGENCY deems necessary to continue the investigation at CLIENT’s request. AGENCY agrees not to exceed the authorized budget and retainer without CLIENT authorization, unless the
additional expenses were incurred in the process of the investigation, such as, but not limited to: following the subject and/or obtaining information critical
to the purpose of this investigation. Any investigation where the CLIENT wants the AGENCY to start within 48 hours shall be classified as a RUSH assignment
and the retainer shall be non-refundable in exchange for AGENCY to place pending cases on hold to start CLIENT’s case within the 48 hour period. If the investigation is not classified as a RUSH assignment, any portion of the retainer, minus fees, that has not been used will be refunded by the AGENCY within 30 business days, unless otherwise agreed upon by CLIENT and AGENCY.
AGENCY rates may vary for each CLIENT and Investigative Service. Rates are applied per hour/per investigator in (¼) hour increments. AGENCY rate for surveillance, or any investigative activity deemed and/or classified as surveillance, shall be billed at with a (4) four hour minimum per investigator, per day, not including written reports and video time. Hourly billing will start and end from the investigator’s place of residence or AGENCY place of business in Greeley, CO, unless otherwise agreed upon. In addition to AGENCY hourly rate, Computer Database Research, including but not limited to, Business/Corporate Record Searches, Person Record Searches, Property Searches, Vehicle Inquiries, Vehicle Research, Vehicle Searches and Vehicle Registration Research, shall be billed at a flat fee per search, research and/or inquiry. All “excessive” Conferences/Communication between AGENCY and CLIENT, including, phone calls, texts, emails, shall be billed. The term “excessive,” shall be determined by the AGENCY. Holiday cases (Federal and State recognized) shall be billed at (2) twice the regular hourly rate per Investigator. AGENCY may forward CLIENT statements, or invoices, listing in detail any and all time and expenses incurred in the investigation. In some instances, the CLIENT may need the AGENCY to be available on a “standby” basis. In such circumstances, the CLIENT shall be
charged a minimum of $500.00 per day/per investigator. CLIENT agrees to compensate the AGENCY at the agreed upon rates for any court appearances or depositions. The CLIENT agrees to compensate the AGENCY for court appearances or depositions regardless if prior to or subsequent to the completion of the investigation, whether under order of subpoena or not and regardless of the party requesting the appearance. If courtroom testimony or deposition regarding this matter or any matter related to this investigation is required, a fee will required per hour/per investigator, plus travel time and expenses. A (4) four hour minimum
per investigator/per day shall be imposed, plus travel time and expenses. Any appearance over (4) four hours shall incur a flat fee of $500.00 per investigator/per day, plus travel time and expenses. All courtroom and deposition fees are due in advance. A retainer for the amount must be received 7 days prior to scheduling the investigator(s) for court or deposition. AGENCY shall not be responsible for court delays or cancellations. Forty eight (48) hours notice is required in the event of any cancellation; otherwise CLIENT, or CLIENT representative, shall be invoiced for each investigator for each day or portion scheduled. A (4) four hour minimum per investigator/per day shall be imposed.
IF CLIENT IS AN ATTORNEY OR LAW FIRM AND HAS CONTRACTED FOR THE SERVICES OF INVESTIGATOR TO ASSIST SAID ATTORNEY OR LAW FIRM IN ANY WAY IN ANY MATTER ON BEHALF OF THE ATTORNEY OR LAW FIRM’S CLIENTS OR IN ANY CASE BEING HANDLED BY THE ATTORNEY OR LAW FIRM, THEN THE ATTORNEY OR LAW FIRM HEREBY EXPRESSLY ACKNOWLEDGES, COVENANTS, AND AGREES THAT THE OBLIGATION OF THE ATTORNEY OR LAW FIRM TO PAY THE INVESTIGATOR FOR SERVICES RENDERED IS AN OBLIGATION SOLELY OF THE ATTORNEY OR LAW FIRM AND IS IN NO WAY CONTINGENT ON (1) ANY PARTICULAR RESULT OR OUTCOME OF THE INVESTIGATION, OR (2) THE ATTORNEY OR LAW FIRM BEING PAID BY ITS CLIENT, OR (3) THE ATTORNEY OR LAW FIRM’S CLIENT BEING SATISFIED WITH THE RESULTS OR OUTCOME OF THE INVESTIGATION.
USE OF SUBCONTRACT AND/OR ADDITIONAL INVESTIGATORS
CLIENT agrees that AGENCY, at AGENCY’s sole discretion, may use sub-contracted investigators, and may immediately engage one or more additional investigator(s), at the agreed upon rate and billed in addition to the AGENCY hourly rate, (within the authorized budget) which CLIENT hereby AGREES to pay in the course of any assignment where AGENCY determines that one or more additional investigator(s) is needed immediately, such as when a separate investigator is needed to initiate an undercover inquiry, or the subject of the investigation leads the AGENCY to an unusually difficult setting, such as downtown office buildings, airport, public amusement / entertainment / sporting events, etc.
CLIENT recognizes that AGENCY may incur expenses directly associated with conducting said investigation. As such, CLIENT shall be responsible for all reasonable expenses including, but not limited to, postage, mileage, tolls, parking, overnight accommodations, meals, admission fees, videotapes, CD’s, DVD’s, photographic film and processing, long distance telephone charges, public/private transportation, confidential source fees, or any unforeseen expenses necessary to acquire information as requested by CLIENT.
VIDEO AND PHOTO
Due to the nature of investigative and surveillance services, AGENCY gives no guarantee to the quality of videos or photos due to logistical, safety, poor
lighting factors or other factors not within the control of the AGENCY. Certain situations may require special equipment. If needed, the CLIENT shall be
informed ahead of time and will be responsible for the cost of such equipment. AGENCY is not responsible for events out of their control, including, weather,
vehicle failure, equipment failure, illness and traffic congestion.
CLIENT must provide AGENCY with a minimum twenty four (24) hour notice of any cancellation of scheduled activity. A (4) four hour minimum charge will be imposed for each investigator if the CLIENT fails to give (24) twenty four hours notice to AGENCY.
Emergency cases (short notice), less than (24) twenty four hours from notice to initiation of case, shall be billed at (1½) one and one half times the hourly rate for the first (4) four hours per investigator and regular stated rates after the first (4) four hours. A (4) four hour minimum per investigator/per day will be imposed.
CLIENT EXPRESSLY AGREES THAT IN THE EVENT CLIENT EXECUTES THE TERMS OF SERVICE AND THEN WISHES TO CANCEL THIS AGREEMENT, ONCE AGENCY HAS BEGUN OR SCHEDULED SUCH SERVICES, THAT AN AMOUNT EQUAL TO (½) ONE-HALF OF THE RETAINER SHALL BE PAID TO AGENCY AS A CASE INTAKE FEE. CLIENT ACKNOWLEDGES THAT AGENCY HAS TO SCHEDULE IN ADVANCE THE
AGENCY’S ASSIGNMENTS IN ORDER FOR AGENCY AND CONTRACTORS TO BE AVAILABLE TO PERFORM SURVEILLANCE AND OTHER INVESTIGATIVE SERVICES FOR CLIENT AND FOR AGENCY’S OTHER CLIENTS, AND THAT ONCE SCHEDULED, THE AGENCY AND CONTRACTORS CANNOT BE QUICKLY RESCHEDULED TO OTHER CLIENTS. THEREFORE, CLIENT ALSO AGREES THAT IN THE EVENT AGENCY HAS SCHEDULED SURVEILLANCE, OR ANY OTHER TYPE OF INVESTIGATIVE ACTIVITY, FOR CLIENT FOR A SPECIFIC DAY AND CLIENT CANCELS THIS ASSIGNMENT WITHIN TWENTY FOUR (24) HOURS OF THE TIME IN WHICH THIS SPECIFIC ASSIGNMENT IS SCHEDULED TO BEGIN, THAT CLIENT SHALL PAY AN AMOUNT EQUAL TO (½) ONE-HALF OF THE AGENCY’S PROJECTED FEES FOR THE DAY’S ASSIGNMENT TO AGENCY AS A CANCELLATION FEE.
CLIENT further agrees that the following provisions shall also apply to all fees due from CLIENT under the Terms of Service.
1. In the event that no retainer is collected, then the services provided shall be billed accordingly by invoice and due upon receipt of said invoice. CLIENT forfeits all rights to updates, reports, evidence, photographs, video, information, and other related items if invoices are not paid.
2. All outstanding fees are due immediately 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. AGENCY reserves the right to require payment in advance for any or all investigative expenses.
RESTRAINING AND PROTECTIVE ORDERS
AGENCY will not conduct any investigative service, surveillance, or obtain information for a CLIENT who has a restraining order or order of protection placed on them by any parties associated with the subject in question. In the event such an order is in place and the CLIENT has not disclosed this information to the AGENCY, this Agreement shall be terminated upon discovery of this information by the AGENCY and the full retainer and budget shall be forfeit by the CLIENT.
CLIENT agrees that no verbal updates will be provided to CLIENT while AGENCY is engaged in, or in the process of, performing any surveillance assignments
and/or any investigative activity. Oral reports may be provided within (24) twenty four hours after the information is obtained or, no sooner than 9:00
a.m. the Monday following any weekend surveillance assignment/investigative activity, when reporting information to CLIENT. CLIENT further agrees that if
CLIENT is represented by an attorney that AGENCY, within the times mentioned in this paragraph may, at AGENCY’s sole discretion, provide the reports mentioned above directly to the CLIENT’s attorney. CLIENT understands that CLIENT may be required to provide information to AGENCY while in the course of a surveillance assignment/investigative activity (vehicle descriptors, color of dress/clothing for the day, etc.) but AGENCY is not obligated to provide a report to
CLIENT at the time the additional information is requested. CLIENT further agrees that if CLIENT retains an attorney after entering into this Investigative Services Agreement that CLIENT must provide AGENCY within (24) twenty four hours of retaining such attorney, a notice both verbally and in writing, containing the name, address, telephone number and fax number of the attorney.
CLIENT acknowledges that any interference, obstruction or misrepresentation, in the investigation, and/or investigative services, by CLIENT or by CLIENT’s friends, relatives, agents, or employees, will jeopardize the ability of AGENCY to provide the services promised under this agreement. CLIENT further acknowledges that interference, obstruction or misrepresentation includes, but is not limited to, lack of cooperation by CLIENT, CLIENT’s agents or employees, calling the AGENCY or contractors while they are trying to perform investigative duties, asking to ride along on surveillances, driving past locations under surveillance or locations related to investigative activity, and/or visiting locations near the location under surveillance or related locations to
investigative activity. CLIENT agrees not to interfere, obstruct, or misrepresent, in any manner whatsoever, or instruct, or cause anyone else to interfere, obstruct, or misrepresent, directly or indirectly, while AGENCY is in the course of this investigation. CLIENT shall forfeit any unused portion of the retainer, funds and budget if CLIENT interference, obstruction, or misrepresentation, is determined by AGENCY. CLIENT understands and agrees that in the event anyone, other than AGENCY, participates in this investigation, AGENCY will immediately terminate all activity in this assignment and CLIENT will forfeit any unused portion of the retainer, funds, and budget.
CLIENT expressly acknowledges that AGENCY’S fees for services are NOT contingent on the outcome or results of the investigation and/or services. AGENCY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS OF THIS INVESTIGATION AND/OR SERVICES. No illegal or unethical services will be knowingly provided by AGENCY and CLIENT certifies that CLIENT is not knowingly requesting any 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. CLIENT UNDERSTANDS THAT RESULTS OF SURVEILLANCES AND INVESTIGATIONS BY THEIR NATURE ARE NOT GUARANTEED AND ARE LIMITED BY TIME AND RESOURCES. THE INFORMATION OBTAINED MAY NOT BE THAT WHICH IS DESIRED OR IN THE FAVOR OF THE CLIENT. CLIENT agrees not to misrepresent CLIENT, company or organization, for ordering searches or requesting investigative services from AGENCY. CLIENT understands that misrepresentation in this Agreement may result in the forfeiture of CLIENT retainer, funds, and budget and may result in civil and criminal action against CLIENT. CLIENT agrees that investigative services are NOT for the purpose of entrapment, blackmailing, stalking or harassment. AGENCY reserves the right to refuse to provide information to CLIENT for security, safety, unlawful or immoral reasons.
When a written report is necessary and/or required, AGENCY will generate a written report of the investigation in a timely manner, within fourteen (14) business days unless otherwise agreed upon) at the completion of the investigation given the CLIENT’s account is not in arrears. Every reasonable effort will be made to ensure that the quality of the information will be accurate. However, AGENCY will not be responsible for information contained within database reports for which AGENCY has no control over the content. Reports may also include photographs and video. AGENCY will not be responsible for inaccurate and/or misinformation by CLIENT to AGENCY. CLIENT understands that surveillance video and pictures are by their nature NOT television studio-type productions and are often taken from long distances, 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 without placing the investigator(s) in any physical harm, unsafe position, or violating privacy statutes or the integrity of the investigation. Therefore, CLIENT understands that AGENCY fees are not contingent upon the acquisition of any photos or video.
Original notes or documents considered “work product” will not be released and remain the property of AGENCY. Only the written final report is released to the CLIENT. AGENCY RESERVES THE RIGHT TO WITHHOLD ANY AND ALL REPORTS, VIDEOS, PHOTOGRAPHS, AND/OR EVIDENCE, PENDING PAYMENT IN FULL AND BANK CLEARANCE THEREOF. 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, or destroyed/deleted. Copies for the purpose of the CLIENT’s review will be made at the CLIENT’s request and expense.
ACCURACY OF INFORMATION SOURCES
Database search reports are performed strictly by the information provided on the subject by the CLIENT. Any error in spelling, format or sequence of letters, words or 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 and will not 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. If the information reported is not “Original Source” information, it is strongly recommended that any information gathered be cross-referenced with “Original Source” information.
RESPONSIBLE USE OF INFORMATION
AGENCY is NOT a consumer reporting AGENCY. AGENCY promotes the responsible use of the information that it provided 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 fully knowledgeable about such laws and regulations and/or seek legal counsel prior to dissemination of reported information. Furthermore, the CLIENT affirms 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).
CLIENT attests that CLIENT has not misrepresented CLIENT, CLIENT company, CLIENT organization or CLIENT 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. CLIENT further represents that the information provided by the AGENCY shall be used in a lawful manner and that said information will not be used to cause any unlawful physical or emotional harm upon the subject of the investigation. CLIENT agrees to and shall indemnify and hold/save harmless the AGENCY, and agent(s), from damages, losses, cost and expenses, including any attorney or legal fees, suffered/incurred in connection with or arising out of claims based on investigative results provided to CLIENT. This also includes any civil or criminal actions, claims, third party claims, lawsuits, disciplinary actions, or any losses alleged to be caused by the AGENCY resulting from any activity performed by either CLIENT or AGENCY, except for illegal acts or negligence on the part of the AGENCY, or AGENCY investigators.
WRITTEN REPORTS, VIDEO PHOTOGRAPHY, VIDEO REVIEW AND COPY CHARGES
Charges to write Reports, review, edit and copy Surveillance Video and/or Photographs will be made at the agreed upon rate, per hour/per investigator, plus cost of media, unless otherwise agreed upon. AGENCY is entitled to bill for copies of SD Cards, Flash Drive Cards, Flash Drives, 8mm, VHS, Mini-DVC, DVD Tapes, and other(s) used and/or submitted to the CLIENT.
All investigative findings furnished to CLIENT are exclusively for CLIENT’S own use. CLIENT agrees to restrict the dissemination of said findings ONLY to third parties who have a legitimate need to know, and/or authorized by law. CLIENT will hold AGENCY harmless from damages, losses, cost or expenses, including attorney fees, suffered or incurred in connection with arising out of claims based on investigative findings provided to CLIENT, and for which CLIENT fails to keep strictly confidential. AGENCY will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT, or court ordered. The AGENCY acknowledges that in the course of this Agreement, it shall have access to confidential and proprietary information of the CLIENT which the CLIENT may make available to the AGENCY, and agrees not to disclose or disseminate the Confidential Information without the express prior written consent of the CLIENT. The term “Confidential Information” shall not include such information as is, or becomes part of, the public domain which becomes available to the AGENCY or which the AGENCY had in its possession prior to the date of this Agreement.
CREDIT CARD AUTHORIZATION
By CLIENT providing AGENCY with CLIENT’s credit/debit card information, AGENCY is authorized to charge said credit/debit card as AGENCY
may deem necessary to pay off any outstanding balances, additional requested services by CLIENT, court appearances, or any appearance requested by any party associated with this investigation. CLIENT further acknowledges that AGENCY fees are based on information, whether negative or positive to CLIENT’s case, along with accrued time and expenses. AGENCY shall be entitled to all invoiced fees regardless of the value of the information developed by AGENCY. CLIENT waives any right to dispute or “chargeback” on any credit card charges made by AGENCY that can be justified with an invoice. CLIENT understands that any dispute of charges can and will be resolved in small claims court and not through the credit/debit card company for the card provided to AGENCY. CLIENT waives the right to charge back on any credit/debit card, and/or e-check payments.
ILLNESS, INCLEMENT WEATHER, EMERGENCY, AND UNFORSEEN CIRCUMSTANCE
In the event of investigator illness, inclement weather, emergency or unforeseen circumstance, AGENCY has the right to reschedule any and all scheduled investigative services. AGENCY has sole discretion in determining illness, inclement weather, emergency and unforeseen circumstance.
This Agreement shall be governed by the laws of the State of Colorado. CLIENT hereby agrees that in the event of any litigation regarding
fees owed to AGENCY, that jurisdiction and venue shall be in Greeley, CO (Weld County). This being the entire Agreement of both parties is
expressed in this document and no verbal understandings, agreements or other documents shall alter, modify or change the terms of this contract. CLIENT
agrees that AGENCY may assign this agreement to a subcontractor in part or whole to complete this assignment, but at all times, AGENCY will continue to
meet the terms and conditions of this agreement. This agreement is binding for the benefit of and upon the parties hereto, their heirs, executors, assigns,
legal representatives, and successors. As to terminology context in this agreement, singular shall mean plural and vice versa. Terms used in the male or female gender serve as function words and do not denote a specific gender but the CLIENT as an individual or entity.
CLIENT has had the opportunity to read this Agreement in full and the option to have it reviewed by an attorney. Having no unanswered questions,
CLIENT hereby authorizes this investigation and agrees to all the terms and conditions listed herein. By paying the Retainer/Invoice, I, as CLIENT, hereby personally 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 this investigation and financially contract for this assignment. In the event my company fails to pay for said investigation, I shall be personally responsible for any, and all, financial obligations associated with this investigation. I also 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 have been 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.