Please agree to the terms below (and remember to print and sign and then mail/fax us a hard copy):
Professional Services Agreement
Thank you for choosing our service for your I-9 completion. Please review this Professional Services Agreement (“Agreement”), which is entered into on the date indicated below (“Effective Date”), and is between Employment Authorization Solutions, LLC, d/b/a EZ I-9s.com (collectively referred to as the “Company” or “Authorized Representative”), and you as the undersigned employer (the “Client”). By clicking that you “Agree” on our website, indicating acceptance electronically, you agree to these terms.
Company is in the business of completing Form I-9s as a third-party agent for employers. Client desires to engage the Company for such services, and Company is willing to be engaged on the following terms, covenants and conditions. In consideration of the mutual covenants and promises of the parties, Company and Client covenant and agree as follows:
Terms of Engagement
1.1 Engagement. The Company and Client agree to the following:
(a) Company represents and warrants that it has the necessary knowledge, experience, abilities, skills and resources to perform its obligations under this Agreement, and agrees to perform these obligations in a professional manner, consistent with prevailing industry standards and practices.
(b) Company will assign one of its I-9 agents to complete the Form I-9 (Employment Eligibility Verification form) as it pertains to the designated employee that Client has specified in Company’s web-based questionnaires relating to this engagement (the “Designated Employee”). The parties agree that for purposes of the requested Form I-9 only, the Company will serve as Client’s “Authorized Representative,” as that term is used in the Form I-9.
(c) The Company’s I-9 agent will contact the Designated Employee, coordinate a meeting with Designated Employee in the city previously agreed to by Company, and at the meeting make good faith efforts to complete the Form I-9 (including, if requested by Client, making copies of documentation presented by Designated Employee to successfully satisfy the requirements of the Form I-9).
(d) After completing the Form I-9, Company’s I-9 agent will mail to Client, via U.S. mail, the original of the completed Form I-9 (and, if requested by Client, any copies of Designated Employee’s supporting documentation). Company’s I-9 agent will also mail a back-up copy of the completed Form I-9 (and supporting documents if applicable) to Company’s offices. Company will destroy back-up copy immediately upon Company’s confirmation that Client has already received a hard copy of the completed Form I-9.
(e) If Company is unable to complete the Form I-9 due to the actions or inactions of Designated Employee (such as, e.g., failing to attend the meeting at the appointed time or failing to bring adequate documentation to satisfy the Form I-9 requirements), Client agrees that it is nevertheless obligated to pay the full fee for Company’s services.
(f) Company reserves the right to decline to complete the Form I-9 if, in the sole discretion of Company, the engagement presents facts or issues that are not conducive to successfully completing the Form I-9 in full compliance with applicable federal regulations. If Company elects not to complete the Form I-9 (as contrasted to those circumstances described in 1.1(e) above), Company agrees that no fee is owed and it will refund any fee already paid by Client for the engagement.
(g) Company agrees to use its best efforts to perform the duties above. Client acknowledges and agrees that Client remains at all times, under federal law and this Agreement, legally responsible for the verification and completion of the Form I-9, as well as any deficiencies or defects that might later be discovered in the Form I-9 completed by Company. The parties agree Company is not financially liable for the results of the engagement and that Client’s sole and maximum recourse for any errors by Company (or for Client’s dissatisfaction with the services) is the return of the Fee paid by Client for the particular engagement.
(h) Client agrees that the information and dates Client provides to Company for completion of the Form I-9, including the date that Designated Employee began or will begin employment, are accurate and comply with federal law and regulations pertaining to Form I-9.
(i) Client agrees that Company does not give legal, regulatory, financial, or immigration services or advice, and Client will consult the services of its own professional when it needs this type of assistance.
(j) Client agrees that if it will E-Verify the Designated Employee it will inform Company of this fact prior to Company’s meeting with Designated Employee, and in such cases Client agrees to pay the additional fee for immediate fax return of the completed Form I-9 in order to facilitate its E-Verification.
1.2 Independent Contractor Status. The parties intend that Company’s relationship to Client in providing services hereunder shall be that of an independent contractor. Nothing in this Agreement, nor any performance hereunder, is intended or shall be construed to create a partnership, joint venture or relationship of agency or employment between Company and Client. In providing services hereunder, Company shall represent itself to third parties as an independent contractor to Client and shall not hold itself out as having any authority to obligate Client.
1.3 Term and Termination. Client’s engagement of Company under this Agreement shall start on the Effective Date, and shall expire at such time as Client receives the completed Form I-9 in hard copy and Company destroys its back-up copy, or at such time as Client terminates this Agreement in writing.
(a) Client agrees to pay Company, prior to the meeting between Designated Employee and Company’s I-9 agent, the base fee of $139.00, plus the additional fees relating to extra services (such as $15.00 for immediate faxed delivery or the quoted fee for overnight delivery of the completed Form I-9) that Client may have elected in completing the Company’s web-based questionnaire or which may be required by this Agreement.
(b) If Client elects to cancel the engagement before the Form I-9 completion but after the meeting with the Designated Employee has been scheduled, Client agrees to pay a non-refundable fee of $75.00, which Company may deduct from any refund amounts due to Client.
1.5 Limitation of Liability and Disclaimer. To the maximum extent permitted by applicable law the entire liability of Company and its affiliates for all matters or claims relating to this Agreement shall be limited to the amount Client paid for the services for the particular engagement to which this Agreement relates. Subject to applicable law, Company and its affiliates are not liable for any of the following: (a) special, indirect, incidental, punitive, consequential or similar damages (including lost profits) that Client or any other parties may incur or experience in connection with this Agreement or; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, loss of business, revenue, profits or investments. The above limitations apply even if Company and its affiliates have been advised of the possibility of such damages. This Agreement sets forth the entire liability of Company and its affiliates and Client’s exclusive remedy with respect to the service provided. Except as expressly set forth in this Agreement, Company expressly disclaims any warranty, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
1.6 No Third Party Beneficiaries. Nothing in this Agreement creates, or will be deemed to create, third party beneficiaries of or under this Agreement. Client agrees that, other than Company’s obligations to Client, Company has no obligation to any third party (including, without limitation, Client’s employee(s)) by virtue of this Agreement.
2.1 Headings; Severability. This Agreement’s section headings are intended for convenience of reference and will not affect its interpretation. If any provision contained in this Agreement is determined by a court of competent jurisdiction to be void, illegal or unenforceable, in whole or in part, then the other provisions contained herein shall remain in full force and effect as if the provision which was determined to be void, illegal, or unenforceable had not been contained herein.
2.2 Waiver, Modification, and Integration. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. This document contains the entire agreement of the parties concerning the subject matter herein and supersedes all prior and contemporaneous representations, understandings and agreements, either oral or in writing, between the parties hereto with respect to the engagement of the Company by the Client, and all such prior or contemporaneous representations, understandings and agreements, both oral and written, are hereby terminated. This Agreement may not be modified, altered or amended except by written agreement of all the parties hereto.
2.3 Force Majeure. Any party to this Agreement will be excused from performance under this Agreement for any period of time that party is prevented from performing its obligations due to an act of God, war, earthquake, civil disobedience, court order, or other cause beyond the party’s reasonable control. Such non-performance will not constitute a breach of this Agreement.
2.3 Enforcement of the Agreement. The validity, effect and construction of this Agreement shall be governed by the laws of the State of Texas. Client agrees to any suit arising under or in connection with this Agreement, including but not limited to, any proceeding to enforce or construe this Agreement shall be brought in State District Court in Harris County, Texas, and nowhere else.
2.4 Client’s Return of Signed Agreement. While Company agrees to rely on and begin to implement plans for the engagement based on Client’s electronic acknowledgement of this Agreement, Client agrees to print and sign a hard copy of this Agreement and to either mail the signed Agreement to Company at 5116 Bissonnet #456, Bellaire, Texas 77401-4007 or fax it to 855-327-8482. Client agrees that either the electronic version of the Agreement acknowledged and agreed to by Client or the signed hard copy or faxed version of the Agreement may serve as a valid, legally binding agreement of Client.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below.