SERVICE AGREEMENT FOR BACKGROUND CHECK SERVICES
This Agreement is made by and between Subscriber and TaskXender
(Human Resource Management Service Provider),
subject to the following terms and conditions:
SERVICES PROVIDED: TaskXender agrees to furnish to Subscriber
Address check, bio data check, educational history check, employment history check, Guarantor & reference check, and credit history check, professional credential verification and other background information (“background checks”) on job applicants/employees, as requested by the Subscriber. TaskXender will use its best efforts to deliver the background checks reports requested in an expeditious
manner, however, TaskXender shall have no obligation or liability to Subscriber for
any delay or failure to deliver background check reports caused by the parties providing data or information to TaskXender, or by any other third-party. TaskXender is a
federally regulated Human resource management service provide employment and labor law
purpose of providing pre- employment, screening information in accordance with all applicable
guidelines and confidentiality as stipulated within applicable statutes.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY: The background check report obtained by TaskXender is derived from databases and records that have been created and
maintained by various government agencies, private companies, and other contributors that are not under
the control of TaskXender. Responsibility for the accuracy of the information
contained in the background check report and these databases and records rests solely in the contributor. The
Subscriber waives any and all claim or claims against TaskXender rising out of or
related to the accuracy of the background check report, databases and records.
PAYMENT REQUIREMENTS/COLLECTION: Subscriber agrees to pay TaskXender the applicable charges for the various services rendered to Subscriber as specified in TaskXender
Background Checks’ service list, which is subject to change from time to time.
Subscriber agrees to pay all applicable charges and using the payment information to request for the background check service intended. However, all payment should go incline with the background check fees, TaskXender has the right to change the payment period according to the client’s credit rating (score) and financial status.
SUBSCRIBER’S ACKNOWLEDGMENT OF COMPLIANCE WITH THE EMPLOYMENT AND LABOUR LAW.
BACKGROUND CHECK: Employment and labour laws governs all employment activities. A background check report contains information on a job applicant/employee’s character, reputation, and other personal data; therefore, use of such information is strictly regulated by the Nigeria law. Among other things, the Nigeria law prohibits employers from obtaining background check report unless the employer discloses to the applicant, in writing, that such a report may be acquired, and obtains the written authorization of the applicant/employee to inquire into this background information. The Law also requires employers to take additional steps when they make an employment decision based in whole or part on the background information. These steps are intended to give the applicant the opportunity to dispute any information contained in the background check report. TaskXender urges all employers to review the restrictions and requirements of the Nigeria Employment and labor law. P
lease note, particularly, the Permissible Purposes of Reports, as well as requirements on Users of background check reports and Obtaining Information Under False Pretenses.
Applicant’s Authorization Obtained: By using TaskXender Subscriber certifies that prior to
requesting TaskXender to Provide background checks service for employment purposes on an
applicant/employee, it has provided the applicant/employee with a clear and conspicuous written
disclosure, in a document consisting solely of the disclosure, that a background check is being
requested for employment purposes, and it has obtained the written authorization from the
applicant/employer to obtain a consumer report for employment purposes. A
authorization form is available from TaskXender for these purposes.
Pre-Adverse Action: By using TaskXender, Subscriber certifies that before taking adverse
action (e.g., refusing to hire or promote an applicant/employee), based in whole or part on
information contained in the consumer report, it will first:
1. Provide the applicant/employee with a copy of the Consumer Rights, in the format approved
by the Federal Trade Commission; and
2. Provide the applicant with ample time to dispute any information contained in the consumer
Adverse Action: By using TaskXender background check service, Subscriber certifies that after providing the
applicant/employee with the Pre-Adverse Action information contained above, and after it has given
the applicant/employee “ample time” to dispute the information, the Subscriber will send the
applicant a follow-up notification that the Subscriber is taking adverse action (e.g., denying
employment or promotion) based on the information contained in the consumer report.
Confidentiality and Use of Information: By using TaskXender background check service,, Subscriber certifies that it
acknowledges the sensitivity and confidentiality of the information contained in the consumer report
and Subscriber agrees that information obtained from a background check report will not be used in violation of any applicable state or federal equal employment opportunity laws.
Indemnification/Hold harmless: By signing this document, Subscriber acknowledges that it has
read and understands the requirements of the Fair Credit Reporting Act, Subscriber agrees that it will
comply with all such requirements, and Subscriber agrees that it shall defend, indemnify and hold
TaskXender, its directors, officers, employees, agents, successors and assigns,
harmless from any and all claims, liability, costs or damages whatsoever arising out of or
related to Subscriber’s failure to comply with the requirements of the Nigeria Employment and labor law Subscriber further
agrees that it shall defend, indemnify and hold TaskXender, its directors, officers,
employees, agents, successors and assigns, harmless from any and all claims, liability or damages
whatsoever arising out of or related to the accuracy or use of the services or data provided under this
ARBITRATION: Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be settled by arbitration in Salt Lake City, Utah, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof.
LEGAL FEES AND COSTS: In the event a dispute arises with respect to this Agreement, the
party prevailing in such dispute shall be entitled to recover all expenses, including, without limitation,
reasonable attorneys’ fees and expenses incurred in ascertaining such party’s rights, and in preparing to
enforce, or in enforcing such party’s rights under this Agreement, whether or not it was necessary for
such party to institute suit or submit the dispute to arbitration.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the Nigeria laws .
WAIVER: The failure of either party to insist in any one or more cases upon the strict performance of any
term, covenant or condition of this Agreement will not be construed as a waiver of a subsequent breach of the same or any other covenant, term or condition; nor shall any delay or omission by either party to seek a remedy for any breach of this Agreement be deemed a waiver by either party of its remedies or rights with respect to such a breach.
SUCCESSORS: This Agreement shall inure to the benefit of and bind the heirs, personal
representatives, successors, and assigns of the parties.
CANCELLATION: you can cancel the account with TaskXender by sending
notification in writing two weeks in advance. However,. TaskXender recommends that all Disclosure and
Release forms must be kept on file in a secure location for a period of at least two years.
By continue using TaskXender background check, subscriber hereby has read and agreed to the terms and conditions of this agreement.