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Changes in regulations governing credit report use and access on both the Federal level as enforced by the Federal Trade Commission ("FTC") and the major credit repositories have mandated changes to some of National Credit Center, Inc.'s ("NCC") agreements. These terms and conditions supplement and may amend the written or online agreement (the "Agreement") in place between NCC and end-users of NCC services and products (hereinafter referred to as the "Client").
Data Security Requirements
Due to the sensitive nature of the data provided by NCC to its Clients and the manner in which such Clients access and use this data, we must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of consumer credit reports. In accessing credit reports from NCC you agree to the following policies.
You will protect all account numbers and passwords so that only key personnel employed by your company know this sensitive information. Unauthorized persons should never have knowledge of your password. Do not post this information in any manner within your facility. If a person who knows the password leaves your company or no longer needs to have it due to a change in duties, the password should be changed immediately. System access software, whether developed by your company or purchased from a third party vendor, must have all account numbers and passwords "hidden" or embedded and be known only by supervisory personnel. Assign each user of your system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, your password should be changed immediately. Do not discuss your account numbers and passwords by telephone with any unknown caller, even if the caller claims to be an employee NCC or the credit repositories. Restrict the ability to obtain credit information to a few key personnel. Place all terminal devices used to obtain credit information in a secure location within your facility. You should secure these devices so that unauthorized persons cannot easily access them. After normal business hours, be sure to turn off and lock all devices or systems used to obtain credit information. Secure hard copies and electronic files of consumer reports within your facility so that unauthorized persons cannot easily access them. Shred or destroy all hard copy consumer reports when no longer needed. Erase and overwrite or scramble electronic files containing consumer information when no longer needed and when applicable regulation(s) permit destruction. Make all employees aware that your company can access credit information only for the permissible purposes listed in the Permissible Purpose Information section of your application. You or your employees may not access their own reports. Nor should you or your employees access the report of a family member or friend unless it is in connection with a credit transaction or for some other permissible purpose.
Use of Credit Scores
Notwithstanding any contrary provision of the End User Agreement with NCC, end user may disclose the scores provided to end user under the End User Agreement to credit applicants, when accompanied by the corresponding reason codes, in the context of bona fide lending transactions and decision only. Client agrees to comply with all applicable laws and regulations using the scores and reason codes purchased and certifies that it has permissible purpose under the Fair Credit Reporting Act to obtain said score information. Client agrees to limit its use of the scores and reason codes to its own business and will not sell transfer, license or distribute said scores to third parties. Client agrees to maintain security procedures to minimize the risk of disclosure of said scores to employees without the need to know. Client and its employees, agents or subcontractors will not use any of the trademarks, service marks, logos, names, or any other proprietary designations, whether registered or unregistered, of TransUnion, Experian Information Solutions, Inc. or Fair, Isaac and Company or the affiliates of either of them, or of any other party involved in the provision of the credit scores without such entity's prior written consent. Client will not in any manner, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria developed or used by Fair, Isaac in performing any score model. Client agrees that in the event of any payment that may be awarded to client for incidental, indirect, special or consequential damages is limited to the fees paid by the client to NCC for the Fair Isaac scores for the preceding six (6) months of service.
Compliance Client acknowledges that it is familiar with and agrees to comply with the requirements of the Fair and Accurate Credit Transaction Act ( FACTA Act), the Gramm-Leach-Bliley Act, (15 U.S.C.A., § 6801 et. seq. (2000), ("GLB Act") and all applicable state and federals laws. This includes the excerpts reproduced herein, and all requirements posted on the NCC website, in connection with ordering, using and storing credit reports and the use of any consumer data supplied by NCC or its affiliates. Client acknowledges and agrees that it is solely responsible for its own compliance, access security and adherence to all applicable regulations.
Client will order credit reports for its exclusive use, solely for permissible purposes. Client certifies that it will be the end user of all credit reports and agrees that it will hold all information herein strictly confidential, and will not copy, sell or transfer any such report or any information herein to any third party. Client agrees to implement appropriate procedures so that only employees with adequate training regarding the requirements of the FCRA have access to credit reports. Client will obtain an authorization from each person on whom a credit report is ordered (here under named "Subject"), prior to ordering a credit report on such Subject, and will maintain all authorizations on file for at least 5 (five) years. During such period, Client will provide NCC with copies of such authorization, or the originals, as may be requested by NCC from time to time. Client agrees that NCC may conduct audits from time to time of Client's compliance with the FCRA and requirements of this Agreement, and Client agrees to provide reasonable cooperation with NCC in connection with such audits, and, in the event that said audit identifies procedures or credit reporting products required by then current regulations that relate to this agreement, clients agree to adopt required procedures and authorizes NCC to provide the required products to client.
Use of Products/Payments Client hereby certifies that by entering into the Agreement with NCC, it intends to utilize the NCC database as its primary source of Office of Foreign Asset Control ("OFAC") data and the client understands the use of such data shall be available exclusively through NCC's web-based service platform. Client agrees that OFAC database searches and credit summaries are available on reports accessed through the NCCI system. Client agrees to pay the fee for each product ordered by it, in accordance with the current fee schedule in effect from time to time. Such fees are not refundable. Client agrees to be fully responsible for all such fees, in accordance with the payment procedures selected. All discounts offered and/or products included at no charge, (inducements), are conditional upon client adhering to the terms of this Agreement. If Client intentionally breaches the terms and conditions of the Agreement and fails to cure said breach, all inducements offered to Client under such Agreement shall be of no further force and effect and shall revert to NCC's standard pricing terms then in effect, and any inducement previously provided will become immediately due and payable by Client at NCC's standard pricing terms. In the event that government, CRA or credit repository regulations increase the actual costs of the provision of credit reports, NCC has the right to adjust prices to reflect the cost change and client will be provided notification of said change. NCC guarantees the pricing offered to its dealer clients shall be less than or equal to standard industry pricing offered by the credit repositories for identical products and services. In return for the discount pricing offered by NCC, Client agrees to pay all bills in full within fifteen (15) days of receipt. In the event that the Client's account maintains a balance greater than ninety (90) days old, Client authorizes NCC to submit a draft for payment of all outstanding invoices due for services rendered to Client's bank. Client agrees to pay a late charge of one and a half percent (1.5%) or twenty-five dollars ($25.00), whichever is greater, per month on a delinquent account until paid in full. NCC may suspend or terminate providing credit reports hereunder until all amounts owed by Client have been paid in full. Client shall pay all attorney fees and collection costs incurred by NCC necessary to enforce the terms of the Agreement or to collect amounts owing NCC for products or damages incurred by NCC due to any breach of the terms of the Agreement by Client whether or not litigation is instituted. In the event of any litigation or other action involving the Agreement, the prevailing party shall be paid reasonable attorney fees and court costs including at trial, on any appeal, and/ or in a bankruptcy or similar proceeding in addition to any other recovery to which the prevailing party is entitled. Client indemnifies and holds harmless NCC, it's affiliated corporations, as well as its officers, directors, agents, employees from and against any and all liability, losses, claims, damages, and expenses, including, but not limited to, attorney fees and court costs arising from or in any way related to any interruption or cessation of service, inaccurate credit information, and of any breach by Client of any representation, warranty, covenant, or agreement herein including, without limitation any improper publication or disclosure or other misuse of any actions by any subject or any other third party in connection with any credit report. The waiver of one party of any covenant, condition, obligation, representation, warranty or promise in the Agreement shall not invalidate the Agreement or be deemed a waiver by such party of any other covenant, condition, obligation, representation, warranty or promise. The waiver by a party of the time for performing any act of condition hereunder does not constitute a waiver of the act or condition itself. The rights and remedies provided by each of the parties herein shall be cumulative and in addition to any other rights and remedies provided by law or otherwise.
Agreements may not be changed orally, but may be amended from time to time by NCC and Client is responsible for accessing the website periodically and adhering to current terms or notifications. Each provision of the Agreement applies individually to each of the credit bureaus ordered. If any provision of the Agreement shall be adjudged illegal, invalid or unenforceable by any court of competent jurisdiction, such shall not invalidate the remainder thereof, which shall remain in full force and effect. All terms will be enforced to the greatest extent allowed by law. The Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and permitted assigns, except as restricted by the Agreement. Any agreement for sale, transfer, merger or acquisition that results in a successor and/or assign under this provision shall include an express assumption of the obligations and undertakings of the Agreement. The Agreement shall be governed by and construed in accordance with California law and the venue of any legal proceeding shall be in California. The client agrees to use NCC as either their sole or primary provider of Experian and TransUnion credit reports and contracted products for an initial minimum term period as described on the written or online application. Primary being defined for the purpose of the Agreement as meaning the first option used to order credit reports by Client. The term of the Agreement will automatically renew unless written notice by certified mail is received at least sixty (60) days prior to end of term. All pricing and term lengths of Agreements shall remain confidential between NCC and Client, and shall not be disclosed by the Client. In the event that client is bound by an existing term agreement for the provision of credit reports client agrees to notify existing provider to cancel service at the end of the current term and to commence service with NCC the day after the agreement has terminated. All terms and conditions of Agreements not posted shall remain confidential between NCC and Client, and shall not be disclosed by the Client.
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