Test Terms

General Terms and Conditions

All Services, as described in Schedule A, to be provided to Client under this Agreement by VT Acquisition Co LLC, a Delaware limited liability company doing business as VerifyToday (“VerifyToday”), with Client and VerifyToday individually referred to as “Party” or collectively as the “Parties”, are subject to the following terms and conditions:

1. Client Responsibilities: Client acknowledges that the ability of VerifyToday to provide accurate information and services that comply with state laws and procedures is dependent upon Client providing accurate data (collectively “Data”) and fulfilling its obligations herein.  Client hereby acknowledges and agrees that Services cannot commence until Client has provided all applicable Data and satisfied its other obligations under this Agreement. If commencement of the Services (Go Live Date) is delayed due to Client's failure to provide required Data, information, access, approvals, or other cooperation, and such delay results in the Services not commencing within ninety (90) days following the Effective Date (which shall be deemed an unreasonable delay for purposes of this Agreement), VerifyToday may, in its sole but reasonable discretion, charge an administrative fee (the “Administrative Fee”). VerifyToday may invoice Client, on Net 30 payment terms, for each full or partial month between the Effective Date and the commencement date of the Services in the amount specified in the Services Agreement as the Administrative Fee. Client shall maintain its IT systems in order to properly interface with the Services. Client shall comply with all of its obligations as an employer under any applicable laws.
2. Term: The Agreement is effective as of the date of execution by Client (the “Effective Date”), and for Employment and Wage Verification Services, Unemployment Claims Administration Services, Tax Credits – Hiring Based (Work Opportunity Tax Credit and Federal Empowerment Zone Tax Credit, and VerifI-9 Solutions, including but not limited to: VerifI-9 Standard, Historical Digitization & Storage, and Historical Storage shall be valid for an initial term of three (3) years from the Go-Live Date as set forth on Schedule A and shall thereafter automatically renew for successive three (3) year terms, unless and until terminated in accordance with Section 3 – Termination

 

 

 

 

 

 

8. Ownership: All recommendations, suggestions and/or work product presented in writing to Client by VerifyToday in connection with all Services provided hereunder are the sole and exclusive property of VerifyToday.
9. Right to Modify: VerifyToday reserves the right to modify or amend the Services from time to time in its sole discretion. If the modification shall be a substantial change from the Service as described in its applicable “Services Description”, VerifyToday shall provide notice of the change to Client. A substantial change is a change which is inconsistent with the applicable Services Description to Client’ s detriment. By way of example, a change that does not degrade the functionality of the Service, such as a change for upgraded security of Data, is not a substantial change. Upon any such substantial change, Client may terminate the affected Service by notice given to VerifyToday within thirty (30) days after receiving notice of a modification to the Services Description, and termination shall be effective ninety (90) days after notice is provided unless the parties mutually agree to a different date. The absence of such notice of termination shall constitute Client’s agreement to the modified Services Description.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule A – Go-Live Date; Description of Services

The Go-Live Date is defined as follows:

• For Employment and Wage Verification Services, the Go-Live Date shall be the date upon which all of the following are completed: the data feed is established, historical data has been provided and uploaded,  verifications have been directed to VerifyToday, and the first verification has been completed by VerifyToday..
• For Unemployment Claims Administration Services, the Go-Live Date shall be the date upon which all of the following are completed: the data feed is established, historical data has been provided and uploaded, and all necessary power of attorney Forms have been signed and executed.
• For Tax Credits – Hiring Based (WOTC), the Go-Live Date shall be the date upon which all of the following are completed: the data feed is established, the screening link is placed and live, and all necessary employer representative declaration Forms have been signed and executed.

For VerifI-9 Solutions; VerifI-9 Standard the Go Live Date shall be the date upon which the first I-9 is initiated. For Historical Storage and Historical Digitization & Storage, the Go Live Date shall be the first upload of historical files.

For Tax Credit – Location Based Services as well as Tax Credits – Research and Development Services, the Agreement shall be valid for an initial term of all open tax years determined to be viable plus three (3) subsequent tax years and shall thereafter automatically review for successive three (3) tax year terms, unless and until terminated in accordance with Section 3 – Termination.

 

1. Tax Credits – Hiring Based (WOTC)

a. Screen new hires to determine eligibility.
b. Process certification applications for eligible new hires.
c. Appeal WOTC determinations where appropriate.
d. Supporting documentation capture and management.
e. Year-end tax package.

2. Employment and Wage Verification Services: Providing employment and income verification of Client’s employees to (i) Client, (ii) employees of Client, and (iii) commercial, private, non-profit and governmental entities who wish to verify an employee’s employment and/or income (collectively, “Verifiers”).

a. Using Client’s name in routine communications with Verifiers, to inform Verifiers of participation by clients in the Service to serve Client more efficiently and reduce calls to Client from Verifiers.
b. Providing verifications to relieve employers of the burden of employment and income verification obligations.
c. Providing verifications where the employee has applied for a benefit (such as a job application, qualification for social services assistance, or a loan application) or has obtained a benefit and the Verifier is seeking to determine whether the employee is qualified to receive the benefit or is seeking to enforce obligations undertaken by the employee in connection with the benefit.
d. Providing verifications where the employee is obligated by federal, state, or local law to provide the verification information to the Verifier.
e. Providing analytics, modeling, and/or demographic studies that will not include any information that individually or collectively could be used to specifically identify either Client or Client’s employees.

3. Unemployment Claims Administration Services: Designed to reduce unemployment costs by eliminating benefits paid on unemployment claims discovered to be invalid, reducing administrative errors, and applying tax savings strategies.

a. Hearings representation (at Client’s election) in unemployment claims related matters (upon and following entry into a separate representation agreement).
b. The processing of unemployment claims and hearings (up to hearing preparation, with optional representation).
c. The analysis of unemployment compensation records.
d. The correction of discovered state agency errors.
e. Auditing of benefit charges on unemployment claims managed by VerifyToday.
f. The establishment of procedures to enable VerifyToday to process unemployment related forms.
g. The verification of unemployment benefits paid.
h. Provide activity reports on claims, separations, and charges.
i. An internet interface to provide separation data as well as for reporting.
j. Consultation regarding unemployment hearings.

4. Tax Credits – Location Based

a. Federal Credits

i. Identify credit opportunities including any Disaster Relief and/or Hurricane Credits that Client may or may not become eligible for.
ii. Geo-code and assess Client and Client’s address locations for potential incentives.
iii. Look-back studies will be assessed for all open past tax years (up to three years).

a. State Credits

i. Screen all hires for potential eligibility for some state incentives.
ii. Provide year-end incentive information that includes reports, forms, and technical assistance as needed.

5. Tax Credits – Research & Development

a. Perform a Phase I analysis wherein the potential credit will be approximately determined after analyzing the facts and circumstances of Client.

b. Determine the scope of work for a Phase II analysis and audit defense and identify the fee for such.

 

 

 

1. Federally compliant automated remote I-9 workflow solution with e-signature.
2. Alerts & reporting
3. Audit Support
4. Mobile Access
5. Compliant Audit Trail
6. Section 3 Reverification/Supplement B
7. Ongoing retention compliance
8. Smart field validations
9. Support for all citizenship statuses
10. Support for all VISA types

 

Standard Features plus: 

1. E-Verify Case Management
2. E-Verify Integration for workforce authorization
3.  Further Action Notice (FAN) Workflow
4.  TNC Management
5.  Notification compliance
6.  Automated resolution workflow

 

 

Standard Features plus:

 

1. Remote I-9 with document inspection
2. Section 2 designated completer for remote and hybrid employees
3.  Third party completer workflow
4.  Detailed audit trail and tracking

 

4. Historical Digitization & Storage
   1. Digitization of historical I-9’s
   2. Storage of historical I-9’s
   3. Automated compliance alerts

 

5. Historical Storage
   1. Storage of historical I-9’s

 

All VerifI-9 Standard and Historical Digitization and Storage features plus: 

1. Identification of  I-9 errors
2. Remediation workflow for both employer and employees to correct identified errors
3. Compliant update enforcement and recording
4. Data integration – remediated I-9s act like native I-9s

 

Schedule B – Employment & Wage Verifications – Notice to Data Furnishers

All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescribed in 2004. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website: https://www.consumerfinance.gov/learnmore/.

NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA

The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 168ls-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection’s website at www.consumerfinance.gov. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.

Section 623 imposes the following duties upon furnishers:

Accuracy Guidelines

The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at www.consumerfinance.gov when they are issued. Section 623(e).

General Prohibition on Reporting Inaccurate Information

The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623(a)(1)(A) and (a)(1)(C).

Duty to Correct and Update Information

If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections and must thereafter report only the complete and accurate information. Sections 623(a)(2).

Duties After Notice of Dispute from Consumer

If a consumer notifies a furnisher, at an address specified for the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623(a)(1)(B).

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3).

The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days (or 45 days if the consumer later provides relevant additional infom1ation) unless the dispute is frivolous or irrelevant or comes from a “credit repair organization.” The CFPB regulations will be available at https://www.consumerfinance.gov/learnmore/. Section 623(a)(8).

Duties After Notice of Dispute from Consumer Reporting Agency.

If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:

   Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by Sections 623(b)(1)(A) and (b)(1)(B).

   Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide Section 623(b)(l)(C) and (b)(l)(D).

   Complete the above steps within 30 days from the date the CRA receives the dispute (or 45 days if the consumer later provides relevant additional information to the CRA). Section 623(b)(2)

   Promptly modify or delete the information or block its reporting. Section 623(b)(1)(E).

Duty to Report Voluntary Closing of Credit Accounts

If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed.

Duty to Report Dates of Delinquencies

If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer’s file. Section 623(a)(5).

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).

Duties of Financial Institutions When Reporting Negative Information

Financial institutions that furnish information to “nationwide” consumer reporting agencies, as defined in Section 603(p), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 222, App. B.

Duties When Furnishing Medical Information

A furnisher whose primary business is providing medical services, products, or devices (and such furnisher’s agents or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623(a)(9). This notice will enable CRAs to comply with their duties under Section 604(g) when reporting medical information.

Duties When ID Theft Occurs

All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623(a)(2). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615(f).

The Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more information about the FCRA.

Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
 15 U.S.C. 1681 Section 615 15 U.S.C. 1681m
 Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n
 Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 1681o
 Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p
 Section 605A 15 U.S.C. 1681c-1 Section 619 15 U.S.C. 1681q
 Section 605B 15 U.S.C. 1681c-2 Section 620 15 U.S.C. 1681r
 Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s
 Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1
 Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2
 Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t
 Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u
 Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v
 Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w
 Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x
 Section 614 15 U.S.C. 1681l Section 629 15 U.S.C. 1681y