Terms & Conditions of Service
Generally: Phenix’ work is performed subject to these standard Terms and Conditions of Service. They are legally binding and may affect Client’s substantial rights. They include certain rights and damages releases, waivers, disclaimers and limitations, and indemnity obligations. By engaging Phenix, Client agrees to them. Client also agrees that any information it provides to Phenix is true and correct to the best of Client’s knowledge based on reasonable investigation and that all information and documents exchanged between Client and Phenix, including any report(s) provided by Phenix, shall be maintained strictly confidential and secure by Client. These Terms and Conditions of Service may be modified only by a writing signed by an officer of Phenix.
Payment: Unless otherwise agreed in writing by an officer of Phenix, Client agrees to pay Phenix on a time (hourly) and costs incurred basis. Client shall pay all Phenix invoices in full within thirty (30) days of their issuance by Phenix. Invoices not paid in full within thirty (30) days of their issuance will incur a late penalty at a rate of one and one-half percent (1 1/2%) per month of the past due balance.
Release/Waiver/Disclaimer of Representations and Warranties: To the fullest extent allowed by law, and only to that extent, Phenix disclaims, and Client releases and waives, all representations and warranties of any nature in any way arising out of or related to Phenix’ services other than those contained expressly in these Terms and Conditions of Service.
Rights and Damages Releases/Waivers/Disclaimers/Limitations/Indemnity: To the fullest extent allowed by law, and only to that extent, Phenix disclaims, and Client releases and waives, all claims, liability and damages of any nature in any way arising out of or related to Phenix’ services, whether in contract, tort (including for negligence or strict liability), under statute, or otherwise. In addition, in no event shall Phenix’ liability for damages exceed the amount Client actually paid for Phenix’ related services, and in no event shall Phenix be liable for any incidental or consequential or exemplary damages. Client also agrees to indemnify and hold harmless Phenix for any claims, injuries, liability, losses and damages (including penalties and fines) of any nature which are claimed to or which actually in any way arise out of or relate to Client's transaction with Phenix, Phenix's services and/or these Terms and Conditions of Service and even in the event of Phenix's claimed or actual negligence or other culpable (including intentional) conduct.
Jurisdiction and Arbitration of Disputes: Client has 30 days from the issuance of Phenix’s related invoice to dispute any billing or work. Client irrevocably agrees that jurisdiction and venue in all disputes of any nature in any way arising out of or related to Phenix’ services shall be, exclusively, in Johnson County, Indiana and governed, exclusively, by Indiana law without regard to any choice of law rules. Client also agrees that all such disputes shall be subject to binding arbitration under the rules of the American Arbitration Association then in effect; provided, however, that any claims by Phenix for non-payment by Client or for indemnity or contribution from Client may be prosecuted in civil court. Client acknowledges that by agreeing to binding arbitration it may be waiving its rights to trial by jury. In the event Phenix initiates any collection or other legal action against Client (including any arbitration proceeding), Client agrees to pay all related, reasonable, attorneys fees, court costs and other costs of suit.
Certain Financial Information Requests and Certifications: Certain requests for financial and credit information, including money and investment account information, and particularly information pertaining to individuals, may be subject to federal and state and other laws such as the Fair Credit Reporting Act, 15 U.S.C. sections 1681 et seq. and the Graham-Leach-Bliley Act, 15 U.S.C. sections 6801 et seq., 6821 et seq. Such laws generally require that any requests for such information be genuine, restrict the availability of such information to persons having a documented legally permissible purpose for the information, require that any such information be used only for such purposes and for no others, and further require that any such information be maintained strictly confidential and secure. Such laws may also require notification to the subject in any case where adverse employment, credit or other action is taken against the subject. These laws may apply to Client. Please go to www.ftc.gov and/or consult your legal advisor to verify whether such laws apply and, if so, how. To the extent that these laws apply to Client, Client certifies that request for such information is genuine, that Clients has a documented legally permissible purpose for the information as required by law, that Client shall use any such information only for such purposes and for no others, and that any such information shall be maintained strictly confidential and secure.
PHENIX uses licensed investigators where required. Contact us for a list of current licenses based on your case assignment.
MI-3701206599 IN-20700097 CA-27753 TX-Z18668 FL-A1700298
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person.
Here are some examples of the types of personal information Phenix may collect and how we may use it.
How we use your personal information
The information we collect allows us to keep you posted on Phenix's latest product announcements, software updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don't want to be on our mailing list, you can opt out anytime.
We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Phenix, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Phenix's products, services, and customer communications.
Collection and Use of Non-Personal Information
We also collect non-personal information — data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an Phenix product is used so that we can better understand customer behavior and improve our products, services, and advertising.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Cookies and Other Technologies
As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.
We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Phenix may use this information in our marketing and advertising services.
In some of our email messages, we use a "click-through URL" linked to content on the Phenix website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Protection of Personal Information
Phenix takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
When you use some Phenix products, services, or applications or post on an Phenix forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.
Integrity and Retention of Personal Information
To provide location-based services on Phenix products, Phenix and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Phenix computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Phenix and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.
Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security guidelines to Phenix employees and strictly enforce privacy safeguards within the company.