Electronic Contract

TERMS & CONDITIONS

 

I, the employing Client, do hereby engage Shadow Company Investigations LLC, a Missouri Limited Liability Company (hereinafter “SCI”) to perform the requested Private Investigation services, as described in my initial email to SCI and agree to be bound by the following terms and conditions as of the date of my signing on this Employment Agreement (hereinafter “Agreement”) or my paying of any fee under this Agreement to SCI whichever is earlier.

 

CUSTOMER ACKNOWLEDGEMENT

 

A:  Upon signing, digitally or otherwise, and or Initialing this electronic document, the Client acknowledges they have read and agreed to the following Terms & Conditions; wherein the Client recognizes this electronic document (or printed version when required) as a legally binding document between SCI and Client.

 

B:  The Client thereby acknowledges that for ease of both the Client and SCI that SCI provides fees at a flat rate.  Client agrees to pay the flat rate fees on Private Investigation Services in the amount(s) deemed relevant to their investigation needs. Upon special and explicit request of Client and written acknowledgment of SCI, SCI may offer hourly rates as discussed in Section II (2).

 

FLAT FEE STRUCTURE

 

Client agrees that for the sake of consistent billing that Client is

 

Fees are agreed upon as follows in the payment form of “Flat Rate Fees”

 

Shadow Company Investigations Fees

Comprehensive Background Check $250.00

Locate Persons $1000.00

Week Long Investigation $1600.00

Two Week Investigation $2500.00

Three Week Investigation $3500.00

Four Week Investigation $4500.00

 

*****Cases described above with weekly flat rates include photographic proof, written report for your court case, and approx 15-20 hours of physical case management consisting of updates, report writing, surveillance, report review surveillance a week.

 

Large Cases like Criminal Defense, Murder Investigations, Missing Person Cold, Cold Cases etc. Start at $10,000.00

Research Cases Depending on type start at $2500.00- $5,000.00

Special Circumstances are as quoted and specially requested according to the following categories

 

a: Special Circumstances – I.

 

Hourly Rate, $100.00 Fees/ Fees for Priority Services requested DURING Normal Office Hours. DURING Normal Office Hours are as defined by 9am – 5pm; Monday – Friday, excluding holidays)

 

b:  Special Circumstances – II.

 

Hourly Rate, $250.00 Fees/ Fees for Priority Services requested AFTER Normal Office Hours. AFTER Normal Office Hours are as defined by any time between 5:01pm – 8:59am; during Monday – Friday and any time over the weekend between 5:01pm Friday – 8:59am Monday

 

Court Appearance

 

Court Appearances are normally not required as the Lawyers usually work out agreements between them. Should a Private Investigator have to appear the flat rate per day id $1000.00 up front per day minimum.

 

c: Special Circumstances, III Specially quoted rate/Hour Fees/ Fees for Priority Services requested; which shall be established by SCI and Client prior to signing of contract; or during a time of renegotiating the Priority of Investigative Services.  Such negotiated rate shall become a part of this contract as Fee Exhibit A.

 

All fees are considered earned at the time of Employment and Client acknowledges that flat fees are based on an estimated 15 hours per week, however this is an estimation and amounts of time per week may vary between 15 and 20 hours, and may include the time to prepare reports and additional conversations with Client. Surveillance is not 24 hours a day. For Surveillance 24 Hours Non-Stop the price would be changed to a higher amount for the Flat Fee.

 

III. FINDINGS

 

Client acknowledges and agrees payments are for investigative services conducted by SCI, its Employees and Subcontractors.  SCI will prepare a written report which will summarize the results of SCI’s investigative services. Client thereby acknowledges and agrees results of an investigation will vary from case to case and are in no way guaranteed.  Such report and evidence collected will be collected and provided in a form SCI believes to be the best available way.  Client agrees that if Client needs evidence or a report in a specific format or of a specific quality that such requests have been made and agreed to in writing prior to the signing of this Agreement. Client acknowledges and agrees the services rendered and investigative evidentiary based fact findings provided by SCI, its employees and Subcontractors, during or at the close of the investigation, as to have met or exceeded the Investigative Industry Based Standards of Services Rendered and all payments(s) for said concluding evidentiary based fact findings and services rendered are NON-REFUNDABLE.

 

SHIPPING AND TRACKING

 

A:  All SCI Investigative Reports at End of Service {hereinafter known as EOS} will be processed via Email to the client named on the invoice as the paying client.  We utilize email receipts to confirm the client has in fact received their electronic services or other evidence like background checks or investigative reports.

 

B:  Client agrees that whether they are a PayPal client or a non-PayPal Client all services will be shipped via email. This also prevents all hassles of waiting on investigation results and signing for packages.

 

C:  Client thereby acknowledges and agrees that processing the aforementioned materials via Certified Mail Shipping/ Tracking is used to:

Protect SCI from any fraudulent claims of Client that “Items/ Goods or Services Were Not Provided/ Received” and protects from fraudulent attempts by Client to gain Charge Backs from Banks, Credit Unions, Financial Institutions, Pay Pal, etc…

Protect SCI providing documentation and tracking verification in the event the materials do not arrive within the standard arrival time of Certified Mail, as well as, protects SCI from any fraudulent claims that any materials were not delivered to the Client.

Protect the Client by ensuring a method for officially tracking any reports or materials; providing documentation and tracking verification in the event the materials do not arrive within the standard arrival time of Certified Mail.

Protect the Client from being charged any extra Fees/ Fees for service.

Protect the Client providing secure delivery of case sensitive information.

 

DISPUTES REGARDING THIS AGREEMENT

 

Client thereby acknowledges and agrees any dispute, failure to pay, or charge back claims, whether they are legitimately arisen; or fraudulently accusatory, decided in favor of; or against the Client or SCI, will result in ALL case notes, including names, addresses and phone numbers, phone records, evidentiary based fact findings and surveillance monitoring, as-well-as, surveillance photos and documentation of any and all sensitive and non-sensitive investigative material having to be made public information within accordance of the law to the private efforts to establish a ruling on the claim or recapture expenses incurred during the case.

Client agrees that a charge back or failure to pay shall constitute a material breach of this Agreement.

If any party to this Agreement institutes any legal cause of action—including arbitration or fee dispute through a credit agency—against another party arising out of or relating to this Agreement, the prevailing party will be entitled to the costs incurred in conducting the cause of action, including reasonable attorneys’ fees and expenses, collection fees and costs and court costs.

 

CUSTOMER ACKNOWLEDGEMENT:

 

Client agrees that any of the following will materially jeopardize an investigation and constitute a breach of this contract:

 

Client jeopardizes case by telling anyone about the ongoing investigation.

Client hires another Private investigation Company while also SCI,

Client displays stalking or dangerous type behavior toward person under investigation

Client makes overt statements about harming the person or persons under investigation

Client lies to or withholds information from SCI about the subject of investigation or Client’s relationship to subject of investigation.

Client lies about having a previous Private Investigator on the case or that anyone like a family member had been caught conducting surveillance on the party or parties under investigation and were caught doing so.

 

Client acknowledges that breaching the contract will constitute a complete forfeiture of any amounts paid under this Agreement, and Client will be held responsible for additional damages caused as a result of Client’s breaching action or omission.

 

GENERAL MATTERS

GOVERNING LAW; VENUE; SUBMISSION TO JURISDICTION

 

This Agreement is governed, construed, and administered according to the laws of Missouri, as from time to time amended, and any applicable federal law.  No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of Missouri or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of Missouri.

 

A cause of action arising out of this Agreement includes any cause of action seeking to enforce any provision of or based on any matter arising out of or in connection with this Agreement or the transactions contemplated by it.  The parties agree that any suit, action, or proceeding—whether in contract, tort, or otherwise—arising out of this Agreement must be brought in a state or federal court or courts located in the State of Missouri and in the county of or nearest to SCI’s principal office if one of these courts has subject-matter jurisdiction over the suit, action, or proceeding.  Any cause of action arising out of this Agreement is deemed to have arisen from a transaction of business in Missouri.

 

Each party irrevocably consents to the jurisdiction of these courts (and their respective appellate courts) in any cause of action arising out of this Agreement.  Each party irrevocably waives—to the fullest extent permitted by applicable law—any objection that it may have now or later to the venue of any action arising out of this Agreement in any of these courts, including an inconvenient forum petition.

 

Severability

 

The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement.  If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this Agreement are to be construed as if the invalid provision had never been included in this Agreement.

 

Entire Agreement

 

This Agreement constitutes the sole and entire agreement of its parties with respect to the Agreement’s subject matter.  This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties—both written and oral—with respect to the subject matter.  As between or among the parties, no oral statements or prior written material not specifically incorporated herein shall be of any force and effect.  The parties specifically acknowledge that, in entering into and executing this Agreement, each is relying solely upon the representations and agreements contained in this Agreement and no others.

 

No provision of this Agreement may be amended or modified except by a written instrument executed by all parties to this Agreement.

 

Communications with clients

 

Phone calls made after the initial Free Consultation will be charged at a Rate of $200.00 per hour broken up into 15-minute increments at $50.00 each. Once a case has started all communications with client and the Private Investigator will be via email at the company email – [email protected]  Business hours to communicate with the investigator on case details or updates will be between normal business hours of (M-F) 9-5. During non-business hours calls can be made and left with the business voicemail or email and the investigator will respond back at the first chance. Bills incurred via phone calls must be paid before the final case facts are submitted.