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Terms and Conditions of Service

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TERMS AND CONDITION OF SERVICES


ALL INVESTIGATION SERVICE SALES ARE SUBJECT TO, AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN AND UPON CLIENT’S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON AGENCY UNLESS AGREED TO IN WRITING AND SIGNED BY THE PRINCIPAL INVESTIGATOR, WHICH IS THE ONLY AUTHORIZED REPRESENTATIVE OF STRYKER INVESTIGATION SERVICES. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE BEFORE SUBMITTING A REQUEST FOR SERVICES.

This Investigative Services Terms and Conditions of Service agreement is between Stryker Investigation Service Inc., [hereinafter referred to as “Agency”] and their Client [hereinafter referred to as “Client”]. By continuing to submit an “Investigation Request” and/or “Service of Process,” and/or Credit Card Authorization to our office Stryker Investigation Services Inc., or use of this site, or any service found therein, you signify your acceptance of the Terms and Conditions of Service. Stryker Investigation Services Inc., reserves the right to amend, remove, or add to the Terms and Conditions of Service at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the Terms and Conditions of Service whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the Terms and Conditions of Service will constitute your acceptance of the Terms and Conditions of Service, as modified. If, at any time, you do not wish to accept the Terms and Conditions of Service, you may not access, link to, or use the site. Any terms and conditions proposed by you or the Client, which are, in addition to, or which conflict with the Terms and Conditions of Service are expressly rejected by Stryker Investigation Services Inc., and shall be of no force or effect.

FEES, PAYMENTS AND COMPENSATION

Client shall pay Agency for all expenses reasonably and justifiably incurred in accordance with all section in this Contract.  Each investigator assigned to Client’s matter will be billed at the rate, as agreed, and shall be per hour, per investigator.

Depending upon the particular assignment, there may be more than one investigator working on Client’s matter at a time.  In such an instance, each investigator will charge separately for his/her time working on Client’s matter, which will exceed the hourly rate. For example only, if the hourly rate is $70.00 per hour, two investigators = $140.00 per hour; three investigators = $210 per hour, etc.  Every investigator assigned to Client’s matter may confer among one another about the matter as required and appropriate.  When they do meet, confer, or work on a Client’s matter each individual investigator will charge for his/her time expended as long as the work done is reasonably necessary.  The fees for mileage shall be billed at the rate of $ 0.55 per mile, per investigator, from departure until return, defined as “door-to-door”. Agency, at its sole discretion, may determine these parameters. 

a) Hourly Rate and Compensation, a four-hour minimum is required for all surveillance, statements or interview investigative services and/or interviews conducted on behalf of the client. Client shall pay Stryker Investigation Services Inc., for all expenses reasonably and justifiably incurred in accordance with all section in this agreement.

b) Each investigator assigned to Client’s matter, the Client will be billed at the rate as agreed, per hour, per investigator. Depending upon the particular assignment, there may be more than one investigator working on Client’s matter at a time.

c) In such an instance, each investigator will charge separately for his/her time working on Client’s matter, which will exceed the hourly rate.  When they do meet, confer, or work on a Client’s matter each individual investigator will charge for his/her time expended as long as the work done is reasonably necessary.  Should the need arise that requires the Agency to assign multiple investigators for investigative services such as “surveillance”, i.e. to follow subjects; “out of area,” the hourly rate shall increase to $95.00 dollars per hour for each investigator used for the duration of the service. Should the need arise that requires Agency to conduct face-to-face interviews, “out of area,” the hourly rate shall increase to $95.00 dollars per hour for each investigator used.

e) If a written report is requested by the client a fee of thirty minutes per page shall be added to the invoice or deducted from the retainer and/or flat fee equal to the hourly rate stated herein. Declarations or affidavits by Agency or its investigators for investigative services and/or service of process affidavits are billed at $25.00 dollars a page, plus notary fees at 20.00, per notarization. 

TRAVEL TIME COMPENSATION 

f) All time spent commuting to and from the Client’s assignment shall be identified as travel time. Depending upon the assignment location the Agency will assign the closest available investigator to work the assignment. Travel time will be determined by the amount of time an investigator or agent expended traveling “door-to-door”. Travel time shall start when the investigator or agent leaves his/her residence and commutes to the investigation site(s). Once an investigation is concluded, travel time shall commence from that location to the investigator’s or agent’s residence. Travel time to and from the Client’s assignment shall be billed at the rate of as agreed, per hour, per investigator. Each investigator or agent will charge separately for his/her travel time to the investigation site. Travel time will be billed no less than sixty minutes [60:00] before and sixty minutes after all scheduled services, and/or actual time incurred spent commuting to and from the destination, whichever is greater.

REPORTS

Agency shall make periodic verbal reports as requested by the Client as to the progress of the investigation.  Verbal status reports shall be given in all cases.  However, if written reports or documentation are necessary or requested, a fee of thirty minutes per page shall be added to the invoice or deducted from the retainer equal to the hourly rate stated herein. If requested, Agency shall render statements for services performed and expenses incurred.

DISCLAIMER AND LIMITATION OF LIABILITY 

 This contract, including referenced reports, represents all the terms and conditions agreed upon by the parties. No other understandings or representations oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. This agreement contains the entire agreement of the parties with respect to the subject matter of this agreement, and supersedes all prior negotiations, agreements and understandings with respect thereto. This agreement may only be amended by a written document duly executed by the parties.

This agreement shall be interpreted under the laws of the State of California. Any litigation related to Agency under this agreement or services shall be resolved in the trial courts of Santa Cruz County, State of California.

TERMINATION OF SERVICE

a) Should Client desire to terminate any scheduled investigative services, Client agrees to promptly notify Agency no less than 12 [twelve] hours in advance of any alteration or change to the scheduled services. The notice must be received by the Director of Operations, personally or by telephone contact during normal business hours.

b) Agency open business hours are defined as Monday – Friday, 9 am. – 5 pm. Agency closed business hours are defined as all recognized holidays, after 5 p.m., and before 9 a.m., Voice messages, faxes or emails shall not be considered adequate notification.

c) Should Client fail to provide timely notice, any and all fees incurred or actual time lost will be charged to Client and shall be added to the invoice or assessed against the retainer deposit, flat fee, and/or money paid to Agency. Client will forfeit no less than a four-hour minimum and actual time lost from the retainer, flat fee and/or money paid to Agency equivalent the hourly rate. If no retainer or flat monies are available or remain the Agency shall determine expenses to be billed under this agreement at Agency, its sole discretion.

The investigation will be conducted until the Agency has completed all or part of the subsequent items:

  • Found the information requested
  • Conducted or executed the service(s) requested
  • Fulfilled the Contract
  • Depleted the retainer deposit
  • Client or Agency terminates service.

At all times, the Client has the right to terminate services upon proper written notice provided to the Agency. Should the Client desire to terminate or change any scheduled investigative service(s), Client agrees to provide the Agency with a “timely notice” and promptly notify the Agency no less than 12 [twelve] hours in advance of termination, alteration or changes to the scheduled service(s). Client agrees to actively notify the Agency President personally, via telephone call during normal business hours. Voice messages and emails are not considered active notification, unless they are posted well in advance of the 12 hour requirement.

 Should Client fail to provide a “timely notice” any and all fee incurred or actual time lost will be charged to Client and assessed against the retainer deposit. Client will forfeit no less than a four-hour minimum and actual time lost from the retainer paid to Agency equivalent to the hourly rate.

JUDICIAL VENUE

This agreement shall be interpreted under the laws of the State of California. Any litigation related to Agency under this agreement or services shall be resolved in the trial courts of Santa Clara County, State of California.

NO REFUND POLICY

a) Once services have been rendered there shall be no refund(s) for work, product or services performed by Agency regardless of investigative conclusion.

b) Client agrees to pay Agency for all services rendered, regardless of the outcome of said services. Once the service is scheduled a four-hour minimum applies to all investigative services and/or interview conducted on behalf of the client.

c) In the event the client requests to cancel or change any scheduled investigative services or surveillance work, the client agrees to promptly notify the Agency, no less than 12 [twelve] hours in advance of any alteration or change to the scheduled service.

d) Should the client decide to cancel any scheduled service the client’s must meet the Agency’s termination agreement criteria as set forth in this agreement. If the client fails to promptly notify the Agency, the Client will forfeit no less than a four-hour minimum of the retainer, flat fee and/or money paid to Agency equivalent the hourly rate. Client shall also pay for any services rendered such as administrative services, preliminary investigative service, etc. Client agrees any refunds amounts shall be determined at Agency’s, sole discretion.

e) Agency has not made any warranties or guaranties as to the success of the investigation, research, results, or other matters in question. Due to the nature of investigative work, no warranties or guaranties can be given as to the success or quality of the results achieved. Client should understand that information obtained may not be that which is desired or in the favor of the Client.

f) Client should understand, money can be saved by giving Agency correct and truthful information prior to and during the case. Client attests that he/she/company has not made any misrepresentations to Agency regarding the services requested. Client understands that knowingly supplying false, misleading, or incomplete statements or information to Agency, relating to said assignment both directly and/or indirectly, could result in the immediate termination of said assignment and forfeiture of all monies and/or retainers, flat fee and money paid to Agency. Further, Agency reserves the right to refuse service to the Client for security, safety, unlawful, or immoral reasons.

CREDIT CARD PURCHASES

Once services have been rendered there are no refunds, or credits, of payments, or deposits by Stryker Investigation Services, Inc. Fees for service, once they are rendered are non-refundable. Fees are to be paid immediately upon receipt of invoices.

By engaging our services Client does acknowledge and affirm the following:

I do understand that my credit card will be charged for the retainer deposit and/or fees for services rendered. I do understand and agree to the terms of service and the usage agreement posted on Stryker’s web site. 
I understand that if any charges are declined by the creditor and/or issuer of said credit card and/or financial institution which maintains this account, subsequent charge backs will constitute grounds for immediate termination and/or cancellation of service by Stryker Investigation Services, Inc. 

I do agree, and so authorize said charges; as well as, additional usage charges as they occur during the investigation. I understand that if any charges are declined by the creditor and/or issuer of said credit card and/or financial institution which maintains this account, subsequent charge backs will constitute grounds for immediate termination and/or cancellation of service by Stryker Investigation Services, Inc. Invalid or baseless charge backs will be subject to collection procedures and the costs involved with collections that are incurred by Stryker Investigation Services, Inc. Client may forfeit no less than a four-hour minimum and actual time lost from the retainer. Any other service and/or agreement is/can expressly be rejected by Stryker Investigation Services Inc., and shall be of no force or effect.

STRYKER INVESTIGATION SERVICES INC. Charge Cards

 

 

Thank you ~ Stryker Investigation Services Inc.,