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USA Bugsweeps, Inc. Terms & Conditions

By providing USA Bugsweeps, Inc. (AGENCY) a deposit for bug sweep services, you (“CLIENT”) agree to abide by all of the Terms and Conditions set forth herein.

SCOPE OF WORK:

CLIENT retains AGENCY to conduct a comprehensive Technical Surveillance Countermeasures (TSCM) bug sweep for CLIENT at a specified location. CLIENT agrees to pay all fees and costs hereinafter incurred as a result of this bug sweep. As such, CLIENT agrees that AGENCY is empowered to perform said bug sweep services for and on behalf of CLIENT, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interest of CLIENT. The parties hereby agree that the following bug sweep services have been requested by CLIENT under this Agreement and services will be provided by AGENCY. The date and time for the services to be conducted will be by mutual agreement and confirmed by either telephone or email.

SWEEP ASSIGNMENT:

CLIENT suspects that their residence (house or apartment), or business, or vehicle, may contain unauthorized eavesdropping devices, such as hidden cameras, audio bugs, recording devices, microphones or GPS trackers. As such, CLIENT requests that AGENCY initiate a professional TSCM bug sweep at the designated location. CLIENT understands that in order to conduct a thorough inspection, the technician has CLIENT’s permission to open any doors, drawers, cabinets and access any area the technician may deem necessary to conduct this inspection. The technician also has the CLIENT’s permission to be left alone if for any reason the CLIENT may need to leave the premises.

DEPOSIT:

CLIENT shall provide AGENCY with a minimum $1,000 non-refundable deposit, or an amount agreed upon by CLIENT and AGENCY, to reserve a specific day and time with AGENCY. AGENCY will not schedule a TSCM sweep without a deposit.

PAYMENT

The balance of the quoted sweep fee shall be paid in the following manner:

  • If by credit card, the balance due AGENCY shall be charged to the CLIENT provided credit card 48 hours prior to the scheduled sweep date and time.
  • If by cash, the balance due AGENCY shall be paid to the TSCM technician upon arrival and PRIOR to the commencement of the scheduled sweep

NOTE: AGENCY does not accept personal checks

CANCELLATION & REFUND POLICY

AGENCY agrees to provide CLIENT a full refund of the Deposit, ONLY when:

The cancellation is done in writing either by email at jim@USAbugsweeps.com and confirmed by AGENCY reply email or by text to 908-839-7000 when submitted to AGENCY more than 48 hours prior to the scheduled bug sweep date and time.

  • When the scheduled sweep did not require AGENCY to buy any plane tickets for the technician to travel to the CLIENT. If AGENCY had to buy plane tickets to travel to CLIENT, then the cost of the plane ticket(s) will be deducted from the deposit if cancellation was not properly made prior to 72 hours from the scheduled sweep date and time.
  • CLIENT understands and agrees that any sweep deposit cancellation request received within 48 hours of the scheduled day and time, or failure to make refund request in writing or by confirmed text is NON-REFUNDABLE. The CLIENT will NOT be entitled to any portion of the paid deposit and CLIENT waives any right to a credit card chargeback or refund.
  • Client understands and agrees that should the CLIENT have paid for the entire sweep fee and cancels the sweep within 24 hours of the scheduled day and time, the entire bug sweep fee will be NON-REFUNDABLE and the CLIENT shall not be entitled to any future credit.
  • Should the AGENCY technician arrive at the sweep location at the scheduled day and time and the CLIENT is not present, or fails to arrive at the sweep location within 2 hours of the scheduled sweep time, AGENCY will be entitled to the entire charged sweep fee and CLIENT will NOT be entitled to any refunds at all.
RATES:

The rate for a professional TSCM bug sweep varies by residence/business size, location, and the specific services being requested. The CLIENT shall be provided with a free telephone quote and the agreed upon rate shall be listed in all Authorization documents. Client may request a price quote in writing by email.

RUSH FEE:

CLIENT requests for professional bug sweep services within Forty Eight (48) hours from notice to initiation of case will be charged a $1,000 RUSH FEE in addition to the quoted sweep fee.

HOLIDAY RATE:

Bug sweep services requested or required by CLIENT to be conducted on a Holiday (Federal and State recognized) will be billed at two (2) times the quoted sweep fee.

STAND-By Rate:

In many instances, the CLIENT may need the AGENCY to be available on a “stand-by” basis. In such circumstances, the CLIENT shall be charged a minimum of $3,500 per day, per Technician.

APPEARANCES:

CLIENT agrees to compensate the AGENCY, at the agreed upon rates of $3,500 per technician plus expenses, for any hearing or court appearances or depositions prior to or subsequent to the completion of the bug sweep, whether under order of subpoena or not and regardless of the party requesting the appearance. If any testimony or deposition regarding this matter or any matter related to this investigation is required, the fee will be $500. per hour, per technician, plus any associated expenses, with a four (4) hour minimum per Technician. Any appearance in excess of four (4) hours from the office start time will incur a flat fee of $5,000. per Technician, per day. All testimony and deposition fees are due in advance of the scheduled appearance. A retainer for said appearance must be received three (3) days prior to scheduling the Technician for testimony, depositions or court appearances. AGENCY shall not be responsible for court delays or cancellations. Forty-eight (48) hours notice is required by AGENCY in the event of any cancellation; CLIENT shall be financially responsible for paying the Stand-by Rate for each investigator for each day or portion of each day scheduled.

USE OF SUBCONTRACT AND/OR ADDITIONAL TECHNICIANS:

CLIENT agrees that AGENCY, at AGENCY’s sole discretion, may use qualified sub-contracted TSCM technicians.

EXPENSES:

CLIENT recognizes that AGENCY will likely incur expenses directly associated with conducting said bug sweep. As such, CLIENT shall be responsible for all reasonable expenses, including, but not limited to mileage, ($ .65 per mile) coach airfare, vehicle rentals, tolls, parking, overnight accommodations, meals*, or any unforeseen expenses necessary to acquire information as requested by CLIENT. *Daily per-diem for food on overnight assignments is $50.00 per Technician.

REPORTS: 

AGENCY will provide CLIENT with a verbal report at the conclusion of the bug sweep. In the event eavesdropping devices or a GPS tracker is found, CLIENT shall be provided within 5 business days with a detailed report detailing the Technician’s findings. The CLIENT agrees that no report will be provide if not eavesdropping devices are found, unless CLIENT has elected to pay $250 extra for the report.

DISCLAIMER:

CLIENT expressly acknowledges that AGENCY’S fees for TSCM services are NOT contingent on the outcome or results of the bug sweep. AGENCY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS OF THIS TSCM BUG SWEEP. CLIENT IS PAYING SOLEY FOR THE TSCM INSPECTION.

CLIENT UNDERSTANDS THAT RESULTS OF THE TSCM BUG SWEEP BY THEIR NATURE ARE NOT GUARANTEED. THE RESULTS OF THE SWEEP MAY NOT BE THAT WHICH IS DESIRED OR IN THE FAVOR OF THE CLIENT.

AGENCY FEE IS NOT CONTINGENT ON EAVSDROPPING OR GPS TRACKER DEVICES BEING FOUND.

CONFIDENTIALITY

AGENCY agrees to keep confidential CLIENT’s full name and address and any observations made within the CLIENT’s residence or business

CREDIT CARD AUTHORIZATION

By CLIENT providing AGENCY with CLIENT’s credit card information, AGENCY is authorized to charge said credit card as AGENCY may deem necessary to schedule the CLIENT requested bug sweep, to reserve a specific data and later to pay the balance due, including paying off any outstanding balances, additional requested services by CLIENT, court appearances, or any appearance requested by any party associated with this sweep. CLIENT waives any right to dispute or “chargeback” on any credit card charges made by AGENCY that can be justified with an invoice. CLIENT understands that any dispute of charges can and will be resolved in the applicable court and not through the credit card company for the card provided to AGENCY.

INDEMNIFICATION

CLIENT agrees to indemnify, defend and hold harmless AGENCY against any and all liability claims including, but not limited to libel, slander and defamation, suits, losses, costs and any legal fees caused by, arising out of or resulting from, any report or bug sweep conducted by Agency. CLIENT further agrees to indemnify, and save and hold harmless AGENCY, its employees, assigns, successors, representatives or heirs from any legal action arising from any bug sweep, report, or results obtained, or actions taken by AGENCY for or on behalf of the CLIENT, so long as such actions are not intentionally harmful on the part of AGENCY. Furthermore, CLIENT agrees to indemnify and to save and hold harmless AGENCY from any and all legal actions, damages, costs, expenses or any other liability which may arise or result from any bug sweep, and/or information released to, or receipt of Information by other persons wherein CLIENT, or CLIENT’s assigns or representatives, or others disclose such information, or, in such instances where AGENCY is not aware of the access to Information by other persons, whether by telephonic, audio, visual or any other means, during any discussions with the CLIENT, or any information disclosed by CLIENT to any third parties. CLIENT hereby indemnifies and saves and holds harmless AGENCY from any physical damages or liability for any situation caused by, or resulting from any bug sweep.

ATTORNEY FEES & COSTS

In any action incurred resulting from the services provided by AGENCY, or to enforce this Agreement, or defend services provided according to this Agreement, or in the event any legal action is necessary to enforce payment, fees or expenses under the terms of this Agreement, the AGENCY shall be entitled to collect from the CLIENT all fees, expenses, any judgment or settlement sums due plus reasonable attorneys fees, court costs and other expenses incurred by the AGENCY for such collection action and, in addition, the reasonable value of the AGENCY’s time and expenses spent for such collection action, computed according to the AGENCY’s prevailing fee schedule and expense policies.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of New Jersey. CLIENT hereby agrees that, in the event of any litigation regarding fees owed to AGENCY, that jurisdiction and venue shall be in Monmouth County, New Jersey..  

The entire Agreement of both parties is expressed in this document and no verbal understandings, agreements or other documents shall alter, modify or change the terms of this contract. CLIENT agrees that AGENCY may assign this agreement to a sub-contractor, in part or whole, to complete this assignment but, at all times, AGENCY will continue to meet the terms and conditions of this agreement.  

This agreement is binding for the benefit of and upon the parties hereto, their heirs, executors, assigns, legal representatives, and successors. As to terminology context in this agreement, singular shall mean plural and vice-versa. Terms used in the male gender serve as function words and do not denote a specific gender but the CLIENT as an individual or entity.  

CLIENT has had the opportunity to read this Agreement in full and the option to have it reviewed by an attorney of his/her choice. Having no unanswered questions, CLIENT hereby authorizes this TSCM bug sweep and agrees to all the Terms and Conditions listed herein. By providing a credit card number and/or signing any Authorization Agreement, I as CLIENT hereby personally certify and affirm that the information supplied above is true and accurate to the best of my knowledge at this time. I further personally represent and affirm that I am authorized to order this TSCM bug sweep and authorized to financially contract for this sweep. In the event I or my company fail(s) to pay for said bug sweep, I shall be personally responsible for any and all financial obligations associated with this bug sweep. I also understand that my knowingly supplying false or misleading information may result in my case being rejected and/or terminated. I will forfeit any and all funds that may have been paid to AGENCY pertaining to this sweep if any information is discovered to be false, misleading, or compromising the ethical and/or legal obligations of AGENCY in the sole opinion of AGENCY.

A signed copy or a signed facsimile of this retainer agreement will be valid as an original.
NOTE: Make sure that at least the last three (3) lines of text of the Agreement appear on the signature page or the first page containing signatures.
AGREED BY THE PARTIES HERETO:
YOUR AGENCY NAME
By:
Print your name/title Print Client name
Client address
Client address
Client contact phone number
Witness: Witness:
Print Name Print Name
© 2013 PI Magazine, Inc.

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