CONTRACT FOR PRIVATE INVESTIGATIVE SERVICES
I. The Parties.
This Agreement is made between purchaser (“Client”)
A business entity known as The Raven Rock Group, LLC d/b/a Raven Rock Investigations with a mailing address of 909 S Main St, Suite 205, Salisbury, North Carolina, 28144 (“Contractor”).
WHEREAS Client intends to pay Contractor for services provided, effective the date of purchase, under the following terms and conditions:
II. Services. Contractor agrees to provide the purchased private investigative services as authorized by North Carolina law (“Services”).
III. Payment. Client agrees to pay for the Services performed by Contractor.
Contractor agrees to be paid by Client as indicated in the order placed on Contractor’s website.:
Note: Hourly and mileage rates are per investigator. All travel time related to Client’s investigation is billable. North Carolina requires the collection of taxes for private investigative services.
Concurrently with the execution of this agreement, Client shall pay Contractor the non-refundable retainer in the amount stated on the Client’s order. No services shall be rendered by Contractor until such time as the retainer has been paid and this agreement acknowledged electronically by Client. Once the initial retainer balance is depleted (based on the aforementioned rates), Client shall pay to Contractor an extended retainer should Client wish the investigation to continue.
The balance of monies owed by Client for Services and related expenses shall be paid upon receipt by Client of a statement of Services rendered and expenses incurred by Contractor. A physical copy, digital copy or facsimile of this Agreement will be valid as an original.
IV. Due Date. The Services provided by Contractor shall be a one-time event and not due on a specific date, but to be completed within a reasonable time-frame in accordance with industry standards.
V. Expenses. Contractor shall be reimbursed by Client for the following expenses that are attributable directly to the Services performed under this agreement: all out-of-pocket expenses related to the investigation, including but not limited to, transportation, media processing fees, copies, etc.
VI. Independent Contractor Status. Contractor, under the code of the Internal Revenue Service (IRS), is an independent contractor and neither Contractor's employees nor contract personnel are, or shall be deemed, Client’s employees.
In its capacity as an independent contractor, Contractor agrees and represents:
Contractor has the right to perform services for others during the term of this Agreement;
Contractor has the sole right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed. Contractor shall select the routes taken, starting and ending times, days of work and order in which the work is performed;
Contractor has the right to hire assistants as subcontractors or to use employees to provide the services required under this agreement;
Neither Contractor nor Contractor's employees or personnel shall be required to wear any uniforms provided by Client;
The Services required by this Agreement shall be performed by Contractor, Contractor's employees, or Contractor’s personnel. Client will not hire, supervise, or pay assistants to help Contractor;
Neither Contractor nor Contractor’s employees or personnel shall receive any training from Client in the professional skills necessary to perform the Services required by this Agreement; and
Neither Contractor nor Contractor's employees or personnel shall be required by Client to devote full-time attention to the performance of the Services required by this Agreement.
VII. Business Licenses, Permits, and Certificates. Contractor represents and warrants that all employees and personnel associated shall comply with federal, state, and local laws requiring any licenses, permits, and certificates necessary to perform the Services under this Agreement.
VIII. Termination of Agreement. This Agreement shall terminate upon completion of the Services by Contractor.
In addition, Client or Contractor shall have the option to terminate this Agreement at any time by providing at least forty-eight (48) hours’ notice.
IX. Exclusive Agreement. This entire Agreement is between Client and Contractor.
X. Resolving Disputes. If a dispute arises under this Agreement, any party may take the matter to a North Carolina state court.
XI. Confidentiality and Proprietary Information. Contractor acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Contractor in order for Contractor to perform their duties under this Agreement. Contractor acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Client. Accordingly, Contractor will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client’s prior written permission except to the extent necessary to perform Services on Client's behalf.
Proprietary or confidential information includes, but is not limited to:
The written, printed, graphic, or electronically-recorded materials furnished by Client for Contractor to use;
Any written or tangible information stamped “confidential,” “proprietary,” or with a similar legend, or any information that Client makes reasonable efforts to maintain the secrecy of business or marketing plans or strategies, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries, and improvements of any kind, sales projections, and pricing information;
Information belonging to customers and suppliers of Client about whom Contractor gained knowledge as a result of Contractor’s services to Client; and
The product of all work performed under this Agreement (“Work Product”), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, work-in-progress, and deliverables, will be the sole property of Contractor, and Client hereby assigns to Contractor all right, title, and interest therein, including, but not limited to, all audio-visual, literary, moral rights and other copyrights, patent rights, trade secret rights, and other proprietary rights therein. Client retains no right to use the Work Product and agrees not to challenge the validity of Contractor’s ownership in the Work Product.
Client hereby assigns to Contractor all right, title, and interest in any and all photographic images and videos or audio recordings made by Contractor, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
Likewise, information furnished by Contractor at the request of Client is proprietary information and is strictly confidential and for Client's information only. Client agrees to hold same in strict confidence for Client's own exclusive use, never to be communicated, except for legal, permissible reasons, in compliance with all applicable federal, state and local laws and regulations. The information supplied to Client may not be used for purposes that may cause physical or emotional harm to the subject of the report or for any criminal acts such as stalking, harassing, etc. Client further agrees to be personally responsible for any and all damages arising from a violation of any of the above provisions.
XII. No Partnership. This Agreement does not create a partnership relationship between Client and Contractor. Unless otherwise directed, Contractor shall have no authority to enter into contracts on Client’s behalf.
XIII. Assignment and Delegation. Contractor may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor (“Subcontractor”).
XIV. Additional Terms and Conditions. In the event it becomes necessary for Contractor, Contractor’s employees, or Contractor’s personnel to testify at deposition or in court, Client shall compensate Contractor at the agreed-upon hourly rate, including travel time, with a minimum of five (5) hours chargeable.
Contractor reserves the right to withhold the release of any information which it develops during the course of the investigation in the event Client has failed to pay for services rendered or costs incurred.
Contractor reserves the right to obtain a current credit report upon receipt of this Agreement and subsequently for the purpose of an update, renewal or extension of credit. In the event of a default in the payment of any sums due hereunder, Client agrees to pay all costs of collection including, but not limited to, reasonable attorney's fees, court costs, as well as actual costs incurred in collecting such fees or a judgement rendered by a court of competent jurisdiction. Interest shall accrue on any unpaid monies owed by Client to Contractor at the rate of ten (10) percent per annum or the maximum amount recoverable by law, whichever is less.
Contractor agrees to use its best efforts to investigate the matters set forth and perform the services for which it is being retained. Contractor makes no express warranties, assurances or guarantees with regard to the work that they will complete. Furthermore, the fees payable to Contractor by Client pursuant to this Agreement are not in any way contingent upon or related to the results of the Services performed or the information and details which are obtained. Client agrees that Contractor shall provide Services as it deems appropriate by utilizing any lawful means.
XV. Governing Law. This Agreement shall be governed under the laws in the State of North Carolina.
XVI. Severability. This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.
XVII. Entire Agreement. This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between Client and Contractor.