Customer Agreement

Customer Terms and Conditions of Use

Last Updated On: November 30, 2018

This Customer Terms and Conditions of Use, our Services Agreement ("Agreement") provides the terms, rules, and regulations that relate to your enrollment, subscription or purchase of our Core Cyber, Core Cyber Pro, BIZLock, BIZLock Pro, SB Core Protector, Business Identity Protection or similarly constructed cobranded or white label programs (hereinafter collectively referred to as our "program") and/or any renewal thereof and use of our Identity Fraud, Inc. ("IFI") site and any materials provided by us. NOT ALL OF THE TERMS OF THIS AGREEMENT OR THE BENEFITS PROVIDED HEREIN APPLY TO EVERY PROGRAM. ONLY THOSE BENEFITS AS APPLICABLE TO YOUR PROGRAM SHALL APPLY. PLEASE READ THE ENTIRE AGREEMENT AS YOUR ENROLLMENT AND THE ANSWERS PROVIDED DURING PURCHASE AND/OR ANY RENEWAL MAY REPRESENT AN APPLICATION FOR INSURANCE THAT WILL FORM A PART OF EACH INSURANCE POLICY PROVIDED, IF APPLICABLE. 

BY PURCHASING OUR PROGRAM OR USING THE PRODUCTS OR SERVICES, YOU INDICATE YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING THE USE OF ELECTRONIC SIGNATURES AND THE ACCEPTANCE OF INSURANCE DISCLOSURES AND DOCUMENTS ELECTRONICALLY ONLINE.

Please Note: Our Services may include providing products, services, insurance, membership and/or subscription programs (hereinafter individually and/or collectively also referred to as our "program") from certain third party service providers. You acknowledge and agree that separate terms, conditions and/or obligations may be required of you by our third party providers, including but not limited to their disclosures, disclaimers and privacy practices. In addition, certain insurance products may be provided by us as the licensed insurance intermediary and program administrator in all applicable states. However, specific insurance products may not be available in all states. Please read the insurance sections of this Agreement for important details on items relating to insurance, including our renewal process, applicable state by state mandatory disclosures and a draft copy of our actual policies, their terms, conditions, limitations and exclusions.  Given the significance of having insurance coverage for, or not having insurance coverage for, any particular incident or event, we strongly encourage you to consult legal counsel and/or a licensed insurance professional to help you evaluate your insurance coverage needs. Our program and any insurance provided herein do not, and will not, cover all types of incidents. Additionally, our program cannot and will not stop all types of cyber risk incidents, business risks and/or data risk exposures.   

Our Obligations To You

Following your successful application, registration and payment of the annual or monthly fee ("Transaction") if applicable, our obligation to you may begin by sending you a confirmation email that your program is active and in force. However, if we send you a confirmation and subsequently discover that your Transaction was not, in our sole discretion, properly processed, including any non-payment, our confirmation and your active status in our program shall terminate according to the terms provided herein.  

We shall provide our program for an annual Term starting on the day of your successful Transaction and/or the day selected by your Agent and as agreed to by us. Such Term may include retroactive protection or coverage in our sole discretion and/or as per our insurance policies and terms as described further below. You may transact for our program on a monthly or annual fee basis, if available, and your payment obligation shall be for a full twelve (12) months. If available and in the event you elect the monthly fee basis, we shall continue to process the fee on a recurring basis each month until the end of your annual Term. Please note that a monthly (non-insurance related) surcharge of twenty percent (20%) applies to monthly transactions and as compared to annual transaction(s). At the conclusion of your first and/or any subsequent annual Term(s), we will NOT automatically renew your program. In certain cases and in our sole discretion, you may be provided with our, and/or our insurers, Non-Renewal/Conditional Renewal Notice. We may provide you with the option to purchase a new program having a new Term having the same, similar or different terms and conditions than the expiring program. We will send our Non-Renewal/Conditional Renewal Notice to you based on the email and/or physical address we have on file. To qualify for a new Term, you will need to log into our Customer Center and proceed to complete our online application or, where applicable, complete our offline application. Please note that you may need to modify your program selection based on changes, for example, if your employee size or revenue amount has increased or decreased. If you do not purchase a new program having a new Term and otherwise take no action, our obligation to you shall terminate on your expiration date. Upon renewal, please note that new or additional terms regarding any new Term may apply and that the accuracy of your information at renewal time is essential, as any misrepresentations, whether accidental or intentional, may preclude protection as provided herein. 

Our obligation to provide you our program includes your access to our Customer Center, the password protected 'Customer Only' section of our web site accessible from the Customer Center link, for the provision of the following and only as applicable to your specific program:

  • Automatic enrollment in Have I Been Pwned, which activation can be managed (deactivated and reactivated) in our Customer Center.
  • Access to Business Identity Monitoring and Alerts that includes Business Cyber Monitoring. Activation is required. Upon entering personal and/or business details, we will search chat rooms and related internet locations for your information and alert you when detected. Early detection can help stop identity fraud. However, there is no guarantee that we will ever find any of your information and neither IFI nor any of our third party suppliers shall be liable for any failure to detect or alert you to the misuse or potential misuse of your information. Please note that we shall not provide a refund to you if you never activate the Business Identity Monitoring portion of your program. Via our website affiliate links and as purchased separately (i.e. not included in your purchase here), You may search for and obtain unlimited access to your Business Credit Profile / Business Credit Report and activate monitoring of your profile provided You acknowledge i) this is paid for separately by you and ii) You agree to the specific terms and conditions of use and attest to your agreement to this Customer Certificate, which includes specific clauses on Restrictions on Use and Warranty Disclaimer and Limitation of Liability. Such separate purchase and profile will include business records that are available. Not all records may be available. Additionally, you may not have a profile and may take steps to create a profile.  
  • Access to the Human Resources Module including unlimited access to our online education program and education modules provided therein at the time of your Transaction. You shall also have access to our Background Screening Module, tools and services, which access and pre-approval for use requires a one-time set up fee of $130.00, unless otherwise orchestrated with members of the National Association of Professional Background Screeners. Separate fees apply to background screening / background checks. Please note: This module is one component of your risk mitigation package (e.g. Bronze, Silver, Gold or Platinum), which may be combined with other benefits.
  • Access to the Information Security Module, risk assessment protocols and policies and procedures, for your own use. Please note: This module is one component of your risk mitigation package (e.g. Bronze, Silver, Gold or Platinum), which may be combined with other benefits.
  • Access to the Information Technology Module, education and software tools that vary according to your program and program risk mitigation level as follows: i) the Basic Level Risk Mitigation program shall provide access to the Information Technology Module and submodules, HR Module and Information Security Module. This benefit level is combined with breach expense protection up to $25,000 and is subject to a $1,000 retention; ii) the Bronze Level Risk Mitigation program shall add and include Keystroke Encryption Software. This benefit level is combined with breach expense protection up to $50,000 and is subject to a $1,000 retention; iii) the Silver Level Risk Mitigation program shall add and include access to a computer related internal vulnerability and PAN scans. This benefit level is combined with breach expense protection up to $125,000 and is subject to a $1,000 retention; iv) the Gold Level Risk Mitigation program shall add and include access to a mobile security app for mobile device (Apple iOS and Android only) vulnerability, configuration and data discovery (PAN) scans together with a locate, lock and wipe product feature. This benefit level is combined with breach expense protection up to $250,000 and is subject to a $1,000 retention; and v) the Platinum Level Risk Mitigation program, which shall add access to the AIG Cyber Edge eRisk Hub. This benefit level is combined with breach expense protection up to $500,000 and is subject to a $1,000 retention. Please note that these benefits extend to you and each of your subsidiary companies, provided such subsidiaries are listed with us in our application. Please note that other IFI programs having different Risk Mitigation Levels and/or breach expense protection benefits may be created and/or provided to enrollees (online and/or offline) that are not specifically mentioned above. It is understood and agreed that each such program shall forever be subject to the terms provided herein, unless otherwise mutually agreed in writing. In summary, breach expense protection is intended for eBusiness Network Interruption and Data Reconstruction. Please note that our breach expense protection obligations are insured by an A Rated insurer and although insured by IFI, You are not a party to our insurance contract. Rather, You are subject to the terms of this Agreement and any claims shall be made directly to Identity Fraud, Inc. and not the insurer. PLEASE NOTE: The benefit in this section is separate and distinct from any similarly related terms and/or conditions provided in our BIZLock non-insurance program(s). If you have been enrolled in or subscribe to a non-insurance BIZLock program, you understand that separate terms and conditions may apply, as applicable to your BIZLock program, and that such BIZLock terms shall take precedence over any similar or conflicting terms provided herein.
  • Access to alerts, white papers and newsletters, via our Facebook and/or Twitter accounts, if applicable.
  • Insurance procurement, delivery and maintenance of our Business Identity Fraud Insurance. Please CLICK HERE to review the draft copy of the policy now, before your purchase. This Expense Reimbursement insurance policy is underwritten and insured by an "A" rated insurer. Pending acceptance of your application during your Transaction, we shall provide you evidence of insurance and your electronically issued policy as located in our Customer Center and indicating a $50,000.00 annual aggregate limit of insurance, $100.00 deductible and certain sublimits. The policy includes certain terms, conditions, limitations and exclusions. Also, you are required to view and agree to this State Disclosure, as pertaining to your state. Your electronic signature and purchase of our program shall mean that you have agreed to the disclosure and to the policy terms and conditions. You have the right to decline (opt out of receiving) the insurance benefit and the associated nominal allocated premium cost. For more details or to decline coverage, please contact Identity Fraud, Inc. toll free at 1-866-4-IDFRAUD (1-866-443-3728) and/or contact us to select a different program. Please re-read the issued policy carefully and immediately upon your successful Transaction. 
  • Procurement, delivery and maintenance of the Personal Identity Fraud Protection Plan. It is noted that identity insurance is a nominal benefit provided in the Identity Protection Plan.  The identity insurance is an expense reimbursement insurance policy that provides a $15,000.00 annual aggregate limit of insurance per person, certain sublimits and a $0.00 deductible. For a Summary of Benefits, please CLICK HERE The benefits are provided to you and if applicable, to each of your Full Time employees, including subsidiary companies listed with us and provided all employees having protection are consolidated into and are accounted for in our application, which quantity is indicated by you in our application during your purchase and based on you acting as their sponsor for automatic enrollment in the Identity Fraud, Inc. Identity Protection Plan Membership program. Part time employees are not covered unless they are included and entered together with the full time quantity provided by you in our application. New full time employees not originally accounted for in your application but hired subsequently will automatically benefit from our VRS Elite fraud resolution services, but not identity insurance. Similarly, terminated employees will continue to have benefits until the expiration of your Term. At renewal, You can account for new and/or terminated employees in your renewal application. Separately, employees not having coverage and/or employees seeking more advanced protection may be covered by purchasing directly from Identity Fraud, Inc. (e.g. Gold, Platinum Plan) PLEASE NOTE: We automatically cover employees as provided herein and do not require a file upload or their specific identification upon your purchase. Rather, when an employee has a question or identity theft incident, and they contact Identity Fraud, Inc. for support, we will verify their identity and benefits at that time. For questions and/or identity theft victim assistance, please contact Identity Fraud, Inc. toll free at 1-866-4-IDFRAUD (1-866-443-3728). The benefits provided herein include certain terms, conditions, limitations and exclusions. Please read our summary and/or contact us for questions.  
  • Insurance procurement, delivery and maintenance of Data Risk Liability Insurance. Please CLICK HERE to review the draft copy of the policy now, before you purchase. This insurance may be provided with an annual aggregate limit of insurance ranging from $50,000.00 up to $1,000,000.00. A retention of $1,000.00 shall apply to each and every incident. This insurance is provided to you at our sole discretion based on your application, acceptance into and continued active membership status in your applicable Risk Purchasing Group as managed by us and which is, at all times, subject to the applicable Risk Purchasing Group Membership Agreement, if any. For members of the Identity Crime Prevention, Inc. / Data Theft Risk Purchasing Group, the Membership Agreement is provided here (Click Here). This insurance may be underwritten and provided by an approved non-admitted insurer and subject to specific state Surplus Line financial responsibility disclosure requirements and applicable state tax, fees and surcharges. Please read your applicable state insurance disclosure (Click Here). Please note, that in such a case, and in the event of the insurer’s insolvency, individual state insurance guarantee funds that relate to insolvency shall not apply. In addition, depending on the policy we provide, any premium might be deemed FULLY EARNED upon your successful transaction, meaning that there shall be no premium refund provided. Where applicable, You are obligated to review, acknowledge and agree to the insurance disclosure pertaining to your state prior to proceeding with your Transaction. PLEASE NOTE: Your protection and any associated RPG Membership fee reflects a separate nominal cost for Data Risk Liability Insurance and applicable tax, fees and surcharges that may be included in your purchase and that is paid for by the Program Administrator, Identity Fraud, Inc., from the proceeds of this Transaction. You have the right to decline (opt out of receiving) the insurance benefit and the associated nominal allocated premium cost. For more details or to decline coverage, please contact Identity Fraud, Inc. toll free at 1-866-4-IDFRAUD (1-866-443-3728) and/or contact us to select a different program. Data Risk Liability Insurance may not currently be available to certain risks located in or businesses domiciled in New York. If you have risks located in and/or domiciled in the state of New York, and you are an excluded class, your program will include all of the benefits available to you, except for Data Risk Liability Insurance. The policy includes certain terms, conditions, limitations and exclusions. Additionally, the policy for which your application is made is a CLAIMS MADE AND REPORTED POLICY. The policy only applies to any claim first made against an insured and reported in writing to the insurer during the policy or certificate period or optional extension period, if applicable. Amounts incurred as claim expenses shall reduce and may exhaust the limit of liability and are subject to the retention. Please re-read the policy carefully and immediately upon your successful Transaction.
  • To collect and remit any state specific insurance premium taxes, surcharges and/or policy stamping fees applicable to your state.
  • Access to our Data Breach Incident Response On-Demand Services, including analysis, strategy, resolution and access to remedies.
  • Access to our a) Fraud Victim Assistance Services in respect of Business Identity Fraud and b) VRS Elite Unlimited Victim Resolution Services in respect of personal or individual employee or customer cases of identity fraud.

 

Items For Which We Are Not Obligated To You

  • To protect you from all types of cyber or data risks
  • To cover you for all types of cyber or data risk losses
  • To provide you with, or access to, our program in the event of Force Majeure, acts of God, war, or other similar events or if we are temporarily upgrading or repairing the web-site that restricts our ability to provide you our program.
  • To renew your program/Term. We shall not automatically renew your program or Term. If we elect to non-renew your program, we shall issue you a Non-Renewal/Conditional Renewal Notice. 
  • To provide you our program if you dispute authorized payment charges, which may be based on the non-delivery and/or quality of our program.
  • To provide you with any benefits, payments and/or support of any type resulting from any cause whatsoever that falls outside of our program or this Agreement.

 

Your Obligations

In order to successfully apply for, transact, receive and renew any one of our programs, you must adhere to the following obligations:

  • Provide accurate information during your Transaction remembering that your Transaction information and any renewal thereof is relied upon and shall become part of any insurance policies provided. Inaccurate information may preclude coverage.
  • Accept Exemption Terms, if any, for non qualifying and/or customized program application and benefit criteria.
  • Agree to accept and receive our insurance disclosures and documents electronically as made available herein and in our Customer Center.
  • Update personal contact details in the Customer Center as soon as practicable following a change. In the event of a change of address, you must contact us immediately. Any failure to notify us of a change in your address may result in an insurance claim not being paid.
  • Use our program for your individual personal and business purposes and not share or otherwise copy or distribute any material, products, or content made available to you. Any violation may be deemed a breach of contract and/or violation of US Copyright laws with applicable penalties. 
  • Upon learning of any incident or circumstance that may require our services or represent a claim for any insurance, to notify us or our insurer as soon as practicable and provide detailed information regarding the incident as requested by us.
  • Review each of the insurance policies provided for in your program.
  • Prior to Transacting and if applicable, acknowledge and agree to specific state insurance regulatory disclosures that pertain to Surplus Lines insurance that we provide to you in our application.
  • Keep records, receipts, books, evidence and other documents in such a manner that will allow us or our insurer to accurately determine the amount of any expenses or loss covered hereunder. Maintenance and production of such records may be a condition precedent to receiving insurance coverage.
  • Cooperate with us or our insurer(s) in the investigation of any loss and help us enforce any legal rights you, we or our insurer may have against anyone who may be liable to you, us, or our insurer.
  • At our request, attend legal proceedings, including depositions, hearings, or trials and obtain the attendance of witnesses with respect to any matter relating to your program.
  • Take reasonable steps to reduce costs and expenses arising from or relating to any incident that could give rise to any claim and do not take any action, engage in any error or omission that can increase our or our insurers costs and expenses, and do not prejudice any of our or any of our insurer's rights to recovery and do not admit to any liability. If you admit to liability in connection with any incident, such admission shall be at your own expense.
  • Upon receipt a renewal notice or Conditional Renewal Notice, proactively take steps to re-qualify for our program by logging into our Customer Center, updating your information and program selection and purchasing our program for a new Term. If you do not proactively purchase our program for a new Term before the expiration of any current Term, your program shall terminate on the expiration date and all of our obligations to you shall cease at that time.
  • Upon receipt of a Non-Renewal notice, understand that your program shall terminate on your expiration date and that no program benefits, services and/or insurance shall apply following your termination.  

 

Changes to This Agreement

Our program is subject to change at any time. In the event we improve our program, we will endeavor to notify you of the material improvement, which shall be automatically incorporated herein on the date of such change or modification. Or, if the modification is made to our breach expense protection or any insurance, then the modification shall be made upon your successful purchase of a program having a new Term, if any. In the event our program is modified to your material detriment, as determined in our sole discretion, we shall endeavor to notify you at the email address we have on file. In the event we are unable to reach you, the changes shall be automatically incorporated herein as of the date of such change or modification.

Additional Terms and Conditions

Our program and our obligations are limited to qualified customers domiciled in the United States and/or territories where we have legal authority to provide our program. In the event this Agreement and/or the obligations provided for herein differ from any website, marketing or other information or material, this Agreement shall prevail over any conflict, discrepancy or inconsistency.

Although the entirety of our Program is Non-Cancellable by you, certain insurance coverages in our program may be cancellable. To cancel the applicable insurance portion of our program, contact us and send us a signed Cancellation Request Acord form (ask your insurance Agent) indicating the cancellation date. We will work with you to ensure your receipt of any return premium due. Please note that a sale of your business will not allow for any return of funds and that rather than return any funds, your program shall continue until the end of its Term. Additionally, if you cancel at any time and we issue a refund, we shall retain a transaction processing fee up to, but not exceeding, four percent (4%) of the transaction amounts for both i) the original transaction and ii) the refunded amount, to cover our payment processing costs that may total eight percent. We may only waive the transaction processing fee in our sole discretion. Upon the expiration of a current Term, you may have the option to purchase a new program having a new Term. Our obligation to you shall cease on your program expiration date or at the time we cancel or non-renew your program. We may cancel your program at any time in our sole discretion, notwithstanding the specific rights, duties and obligations contained in any of the insurance policies provided herein. If we cancel your program, we shall provide you with a monthly pro-rata refund for the monthly period remaining on your annual term provided you have paid all fees and remain in good standing. 

Limitation of Liability

No service provider or product can guarantee that you will not become a victim of identity fraud or otherwise not experience a data theft or cyber related loss. The exposures to business and personal identity fraud and cyber and data loss are significant and various. Neither our program nor any of the service providers herein can address all types of exposures. We further do not guarantee that we will be successful in resolving any incident or any identity fraud incident affecting any person or business.

IDENTITY FRAUD, INC. AND ITS PARTNERS AND AFFILIATES PROVIDE OUR PROGRAM TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER IDENTITY FRAUD, INC. NOR ITS PARTNERS AND AFFILIATES MAKES ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PLAN BENEFITS, PRODUCTS OR SERVICES AVAILABLE WILL BE ERROR-FREE. IN ADDITION, IDENTITY FRAUD, INC. AND ITS PARTNERS AND AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR USE OF OUR PROGRAM, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR PROGRAM, PLAN BENEFITS, PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER IDENTITY FRAUD, INC. NOR ITS PARTNERS AND AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR PROGRAM, PRODUCT OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

Indemnification

You agree to indemnify, and hold harmless Identity Fraud, Inc., its officers, directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"), against all liability, claims, costs, damages, recoveries, settlements, and expenses (including reasonable attorney fees, interest penalties, accounting fees, expert witness fees and costs) incurred by Indemnitee arising from or related to any suits, actions, and claims, whether known or unknown, contingent or otherwise, directly or indirectly arising from or related to any untruth, inaccuracy, misrepresentation, negligence, intentional act or omission, or breach of any warranties or agreements made by you pursuant to this Agreement.

Applicable Law And Forum Selection

This Agreement shall be construed in accordance with the laws of the State of California. You further agree that the jurisdiction and venue for any action that arises or relates to this Agreement, whether in contract or tort, shall be resolved in the Superior Court of the State of California, in and for the County of Contra Costa, in the City of Martinez, County of Contra Costa, State of California.

WAIVER OF TRIAL BY JURY 

THE PARTIES TO THIS AGREEMENT EACH AGREE TO WAIVE THEIR SEPARATE RIGHTS TO A TRIAL BY JURY IN ANY COURT ACTION BETWEEN THE PARTIES AND TO ANY CAUSE OF ACTION IN ANY SUCH LEGAL ACTION OR LAWSUIT PURSUANT TO THIS AGREEMENT, WHETHER MADE BY CLAIM, COUNTERCLAIM, CROSS COMPLAINT, THIRD PARTY CLAIM, DIRECT ACTION OR OTHERWISE. THIS WAIVER MEANS THAT THE TRIAL WILL BE BEFORE A JUDGE.

End Agreement - Last Updated November 30, 2018