We appreciate the opportunity to provide you with our Background Screening Services.
This letter outlines the services that Risk Management Intelligence Pte Ltd (RMI) will be providing you (“Client”) and confirms our understanding of entering into this engagement on mutually agreed terms and conditions set forth herein after.
1. Scope of Services
The scope of services and fees arrangement is mentioned in ‘Annexure A’.
- At the request of RMI, Client shall forward the required details of the subjects with respect to whom the background checks are to be done.
- The Client may, at its discretion, cancel screening requests forwarded to RMI. Cancellations should be requested in the form of an email sent to email@example.com. All requests cancelled within 24 hours shall have a 100% refund of the package cost; all requests cancelled within 48 hours of requesting shall have a 50% refund of the Package Cost; all cancellations beyond 48 hours will be billed with the full amount.
- RMI will use all reasonable efforts to obtain the required information as laid out in ‘Annexure A’ for completion of each background checking case.
- RMI warrants that it is currently in compliance with and will continue to comply with its obligations under Data Protection Legislation in so far as it relates to or is connected with its provision of services under this Agreement. RMI warrants that:
- It shall only process Personal Data relating to the Subject in accordance with its obligations under relevant Data Protection Legislation;
- It has appropriate technical and organisational measures in place to protect Personal Data relating to the Subject against unauthorised or unlawful processing and against accidental loss, destruction or damage; and
- It may transfer a Subject’s Personal Data to a country or territory outside of Singapore and/or the location in which the Subject is located, where that country or territory has data protection obligations equivalent to those set out in relevant Data Protection Legislation, RMI has implemented an approved transfer process under the Data Protection Legislation or is permitted to do so under the Data Protection Legislation or the Subject has otherwise consented.
- Upon the termination of this Agreement, all Personal Data shall be returned to the Client or, upon the request of the Client, destroyed, except to the extent that RMI is required by applicable law to retain copies of such Personal Data pursuant to any relevant legislation or order, whether existing at the time of the termination of this Agreement, or arising thereafter.
- RMI shall promptly notify the Client in the event that:
- there are any material adverse changes in or breaches of the security policies and practices applicable to RMI which would adversely affect the services provided by RMI to the Client under this Agreement;
- any legally binding request for disclosure of a Subject’s Personal Data by a law enforcement authority or regulatory body unless otherwise prohibited; or
- there is any instance of accidental or unauthorised access to or processing of a Subject’s Personal Data.
3. Commercials and Payment Terms
- For every report submitted, RMI shall charge and Client shall pay, based on the fees mentioned in ‘Annexure A’. 7% GST (Goods and Services Tax) will be applied to all our services supplied to Singapore clients as of 1 March 2021.
- RMI shall take all reasonable measures to ensure that there is no material discovery/information omitted from the candidate report submitted to Client. RMI accepts no liability for mistakes, errors or inaccuracies within the report as certain information contained within the report may be obtained from third party sources.
- RMI shall not be liable for any failure, inability or delay in performing its obligations hereunder if such failure, inability or delay be due to an act of God, war, explosion or sabotage, riots, civil disturbance, strike, lockout, labour trouble, accident, causality, law & order or regulation. Due cogency and every reasonable effort shall be used by each party incurring such cause and in resuming performance by utilization of overtime or additional workers.
- This arrangement shall not be construed as a partnership or joint venture between the Parties to this agreement and is on a principal to principal basis.
- This contract is governed by the laws of Singapore. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
4. Electronic Signature
- If this agreement has been signed with an electronic signature, the parties hereto consent and agree to the use of such electronic signature with respect to this Agreement. Each party agrees that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.