Below you will find our Terms and Conditions of Use. Please review the Terms carefully as they describe the services we will provide to you, how we will work together, and other aspects of our business relationship. We have written it in such a way that is readable and makes sense to you. For reference purposes the words: “User”, “You”, “Your” and “Client” refers to you, the person accessing this website and accepting the Company’s terms and conditions, and “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.
Feel free to contact us at 800-484-3946 with any questions or concerns you may have.
TERMS AND CONDITIONS OF USE
Agreement. You agree to the Site’s Terms and Conditions by using our services and accessing our website. This Site is available only to individuals who can enter legally binding contracts under applicable law. These Terms and Conditions of Use constitute a legally binding agreement between you and the Company regarding your use and access to the Site. This site is governed by and operated in accordance with California law.
In its sole discretion, the company reserves the right to revise, modify, alter or otherwise update this Agreement or to change or delete any features of this Web Site, at any time, with or without prior notice to you. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms at the time of your use. You will be responsible for regularly reviewing the Terms posted on the Site. The company will not be held liable for your failure to review updated terms or for any outdated or inaccurate content posted on the site. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED, OR UPDATED TERMS, YOU SHOULD NOT USE THIS WEBSITE AFTER SUCH MODIFICATIONS, ALTERATIONS, OR UPDATES HAVE BEEN POSTED.
Proprietary Rights. All content on this WebSite, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of the Company or its subsidiaries and related entities, and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other states, national and international laws, treaties and regulations. You recognize that any reproduction or use of the content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized by this Agreement, is considered intentional Infringement.
User’s Obligations. User warrants to abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site. User also warrants that he/she will not impersonate any other person or entity, whether actual or fictitious, when using the Site or defame or otherwise harm any party through your use of the Site.
User is specifically prohibited from taking any action that interferes with, disrupts, disables, or damages (or attempts these actions) the use or operation of this Web Site, its affiliated entities, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources or the Web Site’s infrastructure or resources, attempts to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account, associated with this Web Site.
About our Services. Octo Digital Forensics is a provider of computer forensics, eDiscovery, digital evidence, computer security services, social media review, network forensics services, and data recovery. Our goal is to devise a plan to resolve your issues and concerns thoroughly and efficiently utilizing these services.
Depending on the nature of your request and particular circumstances, Company can perform a number of services geared towards achieving your desired outcome. A brief synopsis of our services is provided below, but this list is not meant to be exhaustive, and any questions can be resolved by searching the website content.
- e-Discovery/ Litigation support: The company will assist in your legal matters involving electronically stored information (ESI) as our technicians and engineers have the experience and expertise to draft precise, thorough, and compelling Forensic Reports. These Reports will ultimately help with your case objectives, whether you settle or go to court.
- Digital Forensics: The company is engaged in the scientific process of collecting data from a digital device to evaluate the digital components contained therein and ensure that the information will stand up in court.
- Data Recovery: Data Recovery is the process of extracting, recovering, and salvaging lost or inaccessible data and digital information from failed or deleted devices.
Scope of Our Services. A brief summary of the services the Company provides is described in the preceding section entitled “about our services” and within the website content.
While Company provides expert testimony and services within the context of litigation, Company is not a law firm and does not practice law. For legal questions, concerns or advice, please consult your counsel. No information provided by Company should be construed as legal advice.
Further, Company is not a private investigation (PI) agency and does not perform any private investigation services. However, some users may come across our website searching for private investigators. In that event, our Company may be able to resolve your issue through our digital forensics, e-Discovery, data recovery services, or social media review. If we are unable to resolve your issue completely by utilizing our services such that a field investigator is required to conduct further inquiries into your matter, Company can help Clients find, communicate with, and retain a third-party licensed private investigator(s) utilizing our network of Private investigators throughout the U.S. To be clear, our Company does not deviate from our expertise or delve into matters beyond our expertise. Clients requesting or needing private investigation services are not obligated to use or engage the PI referred to them by Company.
Our referral investigators are licensed in their state and selected by our team, but we cannot guarantee a third-party investigator’s suitability, work quality, or professional ability. You are responsible for determining if the investigator with whom you have been matched will meet your needs and expectations. The company shall be indemnified of any liability for sending a referral of a licensed private investigator to you. This includes any actual, potential, or consequential damages that the user may incur because of PIs negligence.
No Guarantee of Outcome or Results. User is retaining Company for its level of expertise, dedication, and time devoted towards your particular matter, rather than a particular outcome or result. User understands that Digital Forensics Corporation will do everything legally within their means to achieve your desired outcome. However, Digital Forensics Corporation does not make any representations regarding our ability to achieve your desired outcome and cannot guarantee what may or may not be retrieved on your digital devices because every case is inherently unique, and it is impossible to foresee all potential impediments during the rendering of services.
Complaint Resolution Process and Procedure: The company places high importance on customer satisfaction and treats every complaint with a commensurate degree of seriousness. For this reason, Company provides clear channels of communication for the User to convey any complaint or dissatisfaction with services rendered, with the goal of seeking a prompt and satisfactory resolution for both parties.
Disclaimer as to Legal advice and Accuracy of Information. The information on this Site is for informational purposes only and is not legal advice or a substitute for legal counsel. The information may or may not reflect the most current legal developments; accordingly, information on the Site is not promised or guaranteed to be correct or complete and should not be relied upon. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Site should be used as a substitute for the advice of competent counsel.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Company and its affiliates from and against all claims arising from or in any way related to your use of the Site, any violation by you of these Terms and Conditions of Use, or any other actions connected with your use of the Site, including but not limited to any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney’s fees. The company will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section.
Warranties disclaimed. THE WEBSITE AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “COMPANY PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, including without limitation, any representation or warranty that (i) the site content is complete, accurate, reliable or non-infringing; (ii) access to the site will be uninterrupted, timely, secure, or error-free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations; or (iv) company content will remain unchanged or accessible on the site. all warranties, express or implied, are disclaimed to the fullest extent permitted by law, including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Limitation of liability. USE OF THE INTERNET AND THE SITE IS SOLELY AT YOUR RISK AND IS SUBJECT TO, WITHOUT LIMITATION, ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, AND REGULATIONS. THE COMPANY SHALL NOT BE LIABLE, AND DISCLAIMS AND LIMITS ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER in connection with, as a result of, or arising (i) out of the use of or inability to use the site; (ii) from any interruption in the availability of the site; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the site, or transactions entered into, through or from the site; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the site; (vii) from any delay or failure of the site arising out of causes beyond company’s control; (viii) out of the use of, reference to, or reliance on, the company content; (ix) or (ix) out of any other matter relating to the site or company content.
Exclusions are permitted by law. If there are some jurisdictions that do not allow the exclusion or limitation of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the above limitations which are lawful in your jurisdiction will apply to you and company’s liability will be limited to the fullest extent permitted by law.
Waiver and Severability. The failure of the Company to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
Governing Law. This agreement shall be construed and enforced according to, and governed by, the laws of the State of California and any claim that might arise between Client and Company, without regard to conflict of law provisions.
The client understands that Digital Forensic investigation services will be conducted by companies in the state of California, Florida, Texas, and others. The company will collect all of the digital evidence from the client by electronic means or via the client sending a copy of the evidence or the device to the Company. The client understands that the evidence will be reviewed in the state of Ohio and not in their local state jurisdiction relative to all laws governing the private investigation and licensing rules and regulations.
THE COMPANY RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
Agreement. This Client Services Agreement (“Agreement”) is by and between (Client’s name) (“The Client”) and Octo Digital Forensics.
The Client hereby retains the Company to conduct computer-related services including, but not limited to, digital forensics services, data recovery, network forensics services, litigation support, internet-based investigations, security consulting, and related services (“Services”) on behalf of The Client as requested by The Client or The Client’s authorized representative(s), effective as of the date of the signing of this agreement. It is the parties’ understanding that this Agreement shall govern all Services performed and matters handled by the Company for The Client until the Agreement is revised with the consent of both parties or terminated in writing.
“No Guarantee of Outcome or Results. Company does not make any representations to The Client regarding the specific data that will be found or produced from The Client’s device(s) submitted for services.”
The Client is agreeing to pay Company for its expertise, dedication, and time spent on a given matter, rather than a particular outcome or result. The Client understands and acknowledges that authorizing an Evaluation Report is an agreement to receive a service, which means only that certain procedures and skilled labor will be devoted to evaluating data contained on The Client’s media device(s) but that there are no guarantees that any specific data or particular outcome will be produced.
The company provides turnaround times to The Client for purposes of providing good faith estimates as to the hours necessary to complete services based upon previous experiences in handling similar matters. However, The Client understands that every case is inherently unique and therefore it is impossible for the Company to foresee all potential impediments or delays during a performance of services. Therefore, the Company makes no representations or guarantees for an exact turnaround time of services.
Credit Card Payments.
This section will govern when The Client is making payment via credit card. PRIOR TO ENTERING INTO THIS CONTRACTUAL TRANSACTION, THE CLIENT HAS AUTHORIZED THE COMPANY TO BILL The Client’S CREDIT CARD IN THE AMOUNT DUE IN EXCHANGE FOR RECEIVING THE SERVICES AS OUTLINED HEREIN.
If The Client is making payments via credit card, he/she is providing permission for Company to retain The Client’s credit card information on file UNLESS PUT ON NOTICE OTHERWISE. If The Client is entering into a transaction through the company website, The Client has agreed to the website’s terms of conditions and policies. Further, The Client has provided their initials to signify their understanding of the clause above entitled “no guarantee of outcome or results.”
Chargeback Policy. As it relates to all The Client’s issues or disputes with Company, The Client is directed to review Company’s “Complaint Resolution Process” section below. If The Client files a chargeback claim against Company, it will be vigorously disputed in the following manner: the accounting department gathering relevant information and supporting evidence, the legal department preparing a chargeback rebuttal letter, production of records and invoices rebutting the charge, payment of chargeback processing fee, cost of going to arbitration if applicable, and various other administrative tasks associated with the chargeback process. The Client AGREES TO REIMBURSE the cost Company has incurred in disputing The Client’s chargeback (invoice to be provided). The Client understands that this charge does not include reasonable attorneys’ fees ($450/hr) which may be included as a separate charge. Lastly, if the investigation reveals the chargeback was fraudulent, The Client may be subject to civil or criminal legal proceedings.
The Client acknowledges that he/she has had a reasonable opportunity to obtain or has obtained INDEPENDENT LEGAL ADVICE WITH RESPECT TO THIS AGREEMENT AND THAT IT HAS READ AND FULLY UNDERSTANDS THE PROVISIONS OF THIS AGREEMENT.
The Client acknowledges that any questions relating to process, procedure, timing, deliverables, billing, or any other matters of concern, have been addressed prior to executing this agreement, this agreement has not been signed or initialed under duress, and that all terms of this agreement are reasonable and accepted.
IF MORE THAN ONE The Client SIGNS BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
The Client agrees to provide complete and accurate information as requested by Company. The company reserves the right to terminate this agreement and The Client’s use of any products and services for violation of any terms of this agreement or in the event any false or misleading information is supplied by The Client.
Service Authorization Agreement & Acknowledgement upon signature
By signing this Services Agreement and Payment Authorization for case #_____, you agree to the terms and conditions specified herein. I, _____The Client Name, am retaining the services of Digital Investigation and specifically affirm that I have the authority to authorize the Company to perform services.
The Client has the option to make payment via check or wire transfer. Credit cards will be accepted for this service BUT ONLY UP TO $250.00 of the service amount.
I, _____The Client Name, understand that once payment has been submitted and The Company has been engaged to perform services through this signed authorization agreement, any refunds or cancellation requests will be handled in the following fashion:
75% refund: cancellation request made within 1 day after contract signed
50% refund: cancellation request made within 2 days after contract signed
25% refund: cancellation request made within 3 days after contract signed
The Client understands that by three (3) days following contract execution, there will be no refunds provided because by this time the Company has already incurred significant expenses in the expectation of preparing to perform all necessary services under this Agreement. This includes without limitations, allocating resources to reserve necessary lab space for a given matter, retaining the services of expertly qualified engineers, utilizing specially manufactured products unique to a particular Client matter, and investing time to analyze the intricacies and strategies of a given matter. This list is not a complete or exhaustive list of all possible expenses incurred.
Customer Information _____
The Client Name
Type: Manufacturer: :
_____The Client Name ______Phone
Purchased Services and Products Product name
Tax $__ Price at checkout
TERMS OF SERVICE –
Agreement. This Client Services Agreement (“Agreement”) is by and between ______ (“The Client”) and Downs LLC, DBA Octo Digital Forensics (“The Company ”), and collectively referred to as “parties”.
The Client Authority To Enter Contract. By executing this Agreement, The Client(s) represents and warrants to be over the age of 18, of sound mind and memory, not impaired, under duress, or under any influence, and able to legally enter into a contract with the capacity and authority to bind themselves and/or their employer/organization, as applicable, to this agreement including all provisions herein. The Client is duly authorized to enter this Agreement, whether acting as an agent or in a representative capacity, on behalf of the organization/entity that The Client is employed, contracting, consulting, or otherwise affiliated with, understanding that The Company is acting in good faith reliance on such affirmation to proceed with services. If multiple The Clients have engaged the company for services and only one is signing this Agreement, it represents to The Company that the signing party is authorized to execute this Agreement on behalf of, and therefore, without the necessity of obtaining the signature of any other Agent, family member, third party, officer, partner or member, as the case may be.
Services. The Client hereby retains The Company to conduct computer-related services including, but not limited to, digital forensics services, data recovery, network forensics services, litigation support, internet-based investigations, security consulting, and related services (“Services”) on behalf of The Client as requested by The Client or The Client’s authorized representative(s), and covers only the service The Company has agreed to provide. Any additional services must be requested in a separate engagement. It is the parties’ understanding that this Agreement shall govern all Services performed and matters handled by the company for The Client unless the Agreement is revised with the consent of all parties.
(The Client’s initials are required to ensure understanding of the below clause. Agreeing to terms online will work the same)
No Guarantee Disclaimer. The Company does not make any representations or warranties to The Client regarding the outcome of the service,
including that specific data will be found or produced from The Client’s device(s) submitted for service.
______ The Client is agreeing to pay the company for its expertise, dedication, and time spent on a given matter, rather than a particular outcome or result. The Client understands and acknowledges that authorizing a Phase I Preliminary Evaluation Report is an agreement to receive a service, which means only that certain procedures and skilled labor will be devoted to evaluating data contained on The Client’s device(s) but that there are no guarantees that any specific data or particular outcome will be produced.
Delivery Method of Work Product. After the work product has been completed, The Company will deliver the results to The Client’s electronic-mail address as provided by The Client during intake. The receipt of the Report will contain the company’s preliminary findings and serve as an acknowledgment that The Client accepts this method of delivery. In certain circumstances, the company may elect to send the results to The Client’s billing address on file or the nearest federal express location in proximity to The Client’s billing address. Such situations, however, are not standard and the exception to The Company protocol.
______ The Client understands and agrees that whether receiving results through the mail or electronic means, it will signify that The Company has performed and rendered services and that The Client accepts responsibility to pay for those services in accordance with this agreement.
Services Quote and Options. Because each individual matter and the various devices/electronic systems presented for services may pose unique or unforeseen circumstances, it is Theis The Company policy not to guarantee that services requested will be completed on a certain date. The turnaround time provided to The Client is based on good faith estimates as to the hourly allocation necessary to complete services based on previous experiences in handling similar matters. However, The Company cannot know in advance certain factors such as the amount of data contained on devices, whether the operating system or hardware is outdated, the presence of malicious software, and damaged or corrupt files, which all may contribute to delays (this list is not meant to be exhaustive as there are numerous unforeseen circumstances that can arise) Therefore, The Company makes no representations or guarantees for an exact turnaround time of services. The Client always has the option to request that the company provide expedited services, in which case The Company will devote all necessary resources to accomplish services in a preferential fashion over other pending matters.
Price Quote. The Client understands that although the company submits a price quote for performing a Phase I report, there may still be unforeseen circumstances requiring additional costs to be incurred by The Client. This may include additional include, additional requests made by The Client outside the scope of service or additional time or expertise devoted to an unusual or complex matter. If a project requires a larger fee than initially agreed upon, The Company reserves the right to communicate (in writing or via phone) the specific details with The Client and request that The Client agrees to incur additional costs prior to proceeding with service. The price quote is calculated based on a standard rate of $300 per hour scale (which would be adjusted should additional costs or complexities arise).
About the Phase I Service. The Company utilizes a two-phase procedure when performing a digital forensic examination on the electronic device/s obtained by The Client. The reasoning behind this process is that a determination must first be made as to what data is relevant by evaluating the contents of the electronic device(s) for potentially relevant information before a detailed full examination report can be produced. Therefore, the Phase I Preliminary Evaluation Report is not intended nor is it designed to serve as a full forensics investigation but rather provides The Client with a list of files and pattern of evidence that becomes more fully illuminated in the Phase II report, which is a separate service.
The Phase I process is designed to identify devices that may contain digital evidence of relevance to The Client. The Clients will need to identify and convey to The Company the specific evidence deemed to be relevant for purposes of the investigation. The process will entail creating an image copy of the evidence, preserving the evidence, and transporting it onto The Company’s secure server. Once the data has been migrated to The Company servers it is reviewed by forensic engineers. This process identifies the amount of data that is stored within each of the devices reviewed, identifies the different categories of data existing on the device, and identifies some of the deleted content of the device(s). Some samples are provided to help xd identify relevant artifacts and evidence which potentially may exist. In a Phase, I report The Client should expect to receive: the quantity of deleted files, the specific type of deleted files, quantities of files currently on the device, and examples of messages and modes of correspondence or communication extracted by reviewing keywords relevant to the investigation. The Phase I report will not provide The Clients with evidence from their device(s).
This thorough process helps The Clients make an informed decision as to whether to proceed with Phase II services. If The Client agrees to proceed with the second Phase of the investigation, a full forensic investigation will then be performed and a Full Forensics Examination Report will be provided to The Client.
Spyware & Malware Identification: The Company may find evidence of spyware or malware in the Phase I report. The Client is hereby advised that Phase I is not intended to extract or identify actual evidence proving or disproving the existence of spyware, malware, or any monitoring software on the devices investigated. The purpose of Phase I is to identify evidence that may suggest that spyware software may be present. The Phase II report is where The Client will obtain certain evidence confirming the presence of such software. Please note that the presence of malware, spyware, or remote log-in software does not necessarily reflect that confidential information has been breached. This is because most spyware, malware, and remote log-in software programs do not review or copy data from devices but are only created to insert data into devices such as for advertising purposes.
The Client Responsibilities. By signing this authorization agreement and accepting the terms of service, The Client agrees to cooperate fully with The Company and to provide all information known or available to The Client that will assist The Company in the performance of services. The Client must fully cooperate with the company, providing in a timely, diligent and honest manner all information, documentation, and other materials as per the request of the company. Cooperating with The Company also entails not interfering with the manner of services and following instructions as outlined by the Company and its representatives. The Clients may not take any actions that would corrupt, contaminate, delete, destroy, digital data, or interfere with services in any way. If the Company becomes aware of The Client’s failure to comply with this section, The Company will immediately stop work to determine a course of action moving forward, including the possibility of terminating the engagement with The Client. In the event The Client does fail to comply with this section, any and all loss shall be the obligation of The Client.
Disclaimer as to Legal Advice and Accuracy of Information. While The Company provides services within the context of litigation, the company is not a law firm and does not engage in the practice of law. The information contained in this agreement is not legal advice and The Company’s services are not a substitute for legal representation. For legal questions, concerns, or advice please consult your counsel.
False Positive Evidence. The Phase I report may contain false positives, which only means that it may reference evidence that may not appear in the more thorough Phase II Report because it was rendered irrelevant for purposes of the investigation. Initially, it may seem that the false positive has a significant or at least some evidentiary value but in reality, is simply metadata automatically created by the operating an operating system and automatic processes of the device. Examples of false positives are accidental deletion of empty text messages, empty emails, empty call logs, references to pictures that are metadata or thumbnails inadvertently downloaded from the Internet by the operating system, automatic logs which are kept by the operating system and device memory, log-off messages and correspondence which were deleted and may not be recovered from device and their corresponding metadata. the company makes no guarantee or representation regarding the data and/or metadata extracted in Phase 1 or Phase 2.
Third-Party Background Services. The Client is hereby advised that The Company may rely on multiple third-party sources, software, and servicing mechanisms, that The Company does not control, in order to investigate individuals for purposes of assisting The Clients to obtain: comprehensive background checks and locate reports, and as such, The Company cannot and does not offer any guarantee or warranty of any kind, including when utilized in connection with pending or anticipated legal action. The Client acknowledges that any information compiled in a Report has not been independently verified and therefore would require additional verification before it can be relied upon. The Client agrees to provide complete and accurate information when engaging The Company to utilize the aforementioned third-party services. The Client is solely responsible for his/her reliance on and acting upon the information contained in the report. The Client understands this Report may not be used in whole or in part as a factor in establishing an individual’s culpability for a suspected act or eligibility for employment.
Handling of Illegal Data or Content. The Company, along with its parent, parallel, and subsidiary organizations (collectively “the company ”), does not, will not, and cannot search for illegal content. If during the course of an authorized and permissible investigation, The Company identifies any readily-apparent illegal content (including but not limited to under-aged pornography, violence, or drugs), The Company will inform The Client to report such content to the proper authorities. While The Company recommends reporting all known crimes to law enforcement authorities, it remains the sole responsibility of The Client to report any such crimes. In such cases, The Client is hereby informed and consents to their waiver of any and all rights to privacy and confidentiality. Additionally, the company may not release any report, device(s), or data prior to the approval of the proper authorities.
The Client Notification. The Company ranks transparency and communication with customers as one of the most important elements of this business. In the event of a data breach or system failure, every Client whose information has been affected may be notified via email and/or phone call within the time period specified by ORC §1349.19. In compliance with applicable law, reasonable efforts will be made to provide notification of a data breach and updates on developments once an incident has been resolved.
Compensation. The Client understands that this authorization form constitutes a contractual agreement between The Client and The Company. This authorization form must be signed and all payments made in advance before any services can be performed. However, in some instances, The Company may, at its discretion, authorize initiation of the Services before full payment is made such as by charging only a portion of the services upfront and expecting that the remaining portion be paid once written or oral confirmation of service completion is made to The Client. Such practice is exceptional rather than ordinary and in no way creates expectation or reliance by The Client.
Non-payment provision. All invoices are due in full immediately when presented to The Client. All invoice disputes shall be brought to The Company’s attention within three (3) days from receipt or be considered correct and final. The outcome of The Client’s matter and potentially their media/device(s) may be withheld by the company until payment is made in full. The Clients will also be subject to monetary penalties for late payments. Any unpaid invoices not satisfied within thirty (30) days of their billing date, shall accrue interest at the rate of eighteen (18) percent per annum until paid. After thirty (30) days have elapsed, The Client may be subject to a breach of contract lawsuit initiated in San Diego County, California. In addition to the full contract amount plus late fees, The Client acknowledges that the company is also entitled to reasonable attorney’s fees. If the matter is referred to a collection agency, the fees and associated costs shall be added to the balance due.
Storage fees. Please read carefully the following section detailing our procedures and storage fees for handling The Client’s data and media/device which may be returned to The Client or destroyed and recycled.
Data Storage: Once the Phase I Preliminary Evaluation Report is sent to The Client and the company has confirmed that Phase II can be completed, The Client shall have a three-day grace period (72 hours) upon receiving the Phase I Report to convey instructions as to whether or not to proceed with Phase II. The Company will maintain The Client data free of charge during this period. However, after that period elapses The Client will incur a fifty dollars ($50) per day storage data fee until the company has been notified regarding The Client’s intentions. To be considered adequate notice, an email must be sent to [email protected], containing the case number of the matter, and with the subject line entitled “My data storage.” After thirty (30) days have elapsed without receiving notification from The Client, THE DATA WILL BE CONSIDERED FORFEITED and purged from The Company servers.
Media/Device Storage. The Client understands that once the Phase I Preliminary Evaluation Report is sent to The Client, the company may elect to permanently remove The Client’s media/devices at its own discretion. The reason is that the company employs a variety of proprietary applications and software installations while performing forensic services. Upon The Client’s request, however, the company may return the media to The Client. Upon The Client’s request, the company may return the media to The Client. The Client is responsible for contacting the company and making this request via email. Any device left and/or abandoned within The Company’s possession after 30 days of the initial request for service will incur storage fee charges if The Company elects to maintain The Client’s media/device in safekeeping. Storage fee for media/devices is calculated by multiplying each calendar day the devices have been in The Company’s safekeeping at $25 per day per device. This means that after thirty (30) days have elapsed without receiving notification from The Client, The MEDIA/DEVICE MAY BE CONSIDERED FORFEITED and safely disposed of or maintained in the company’s SAFEKEEPING WITH STORAGE FEES APPLIED.
Return Shipping and related costs. The Client understands that a prompt and formal request through email must be sent to have their devices returned and to minimize storage fees. The Client is responsible for return shipping and handling fees in the amount of $25 per device in addition to all storage fees accrued, prior to the return of device/s. (This price does not apply to servers or iMac computers and does not account for expedited shipping). The shipping and handling fee will serve as a confirmation that The Client is requesting devices be returned. Accepted forms of payment are wire transfers or certified personal checks made out to the company. The Client will not hold the company liable for data and/or devices that are permanently destroyed and recycled. If The Client requests a letter to secure the destruction of their device, the company charges Five Hundred dollars ($500) per device to prepare a detailed letter.
The Company Property: This clause shall govern in the event The Company is temporarily providing The Company property to The Client in connection with performing services. The Client acknowledges the expectation for any Company property received will be returned within Seven (7) days of the company’s request. Furthermore, The ClientThe Client has agreed to take proper care of all the company equipment that he/she is entrusted with and that the property will be returned in proper working order. Lastly, The Client understands that he/she may be held financially responsible for damaged or lost property and that the failure to return The Company Property upon a request by The Company representative may be considered theft and lead to criminal prosecution by The Company. Therefore, both parties agree that The Company has the right to charge The Client in the amount of One Thousand Dollars ($1,000) for all reasonable damages, costs, attorneys’ fees, and other expenses incurred in searching for, taking, removing, and/or recovering the property and, further, has the right to withhold The Company work product until all such The Company material is returned.
Incorrect password submitted to The Company. This clause shall govern if The Client provides an incorrect password/s for devices that have been submitted to the company for services. The Client is hereby put on notice that the device may reset due to the incorrect password input. This is an auto protection function built into most handheld and computer devices and may result in all information being lost. The Client understands the inherent risks involved and shall hold the company harmless for any information or data loss due to their device being reset resulting from incorrect password insertion.
Breach of Locking Mechanisms/ Password protected digital devices. In cases where devices are protected with passwords or other forms of locking mechanisms, and access to the devices’ digital data can only be gained through a breach of such locking mechanisms (i.e. password lost or forgotten, the true owner locked out), The Client expressly warrants that The Client has the legal right to authorize and that The Client does expressly authorizes The Company to breach these locking mechanisms by employing all available tools at its disposal designed for such purposes. Further, The Client agrees to indemnify the company against any and all legal actions arising out of or from such bypass or breach of locking mechanisms.
Handling of Illegal Data or Content. The Company, along with its parent, parallel, and subsidiary organizations (collectively “the company ”), does not, will not, and cannot search for illegal content. If during the course of an authorized and permissible investigation, the company identifies any readily-apparent illegal content (including but not limited to under-aged pornography, violence, or drugs), the company is obligated to report such content to the proper authorities. In such cases, The Client is hereby informed and consents to their waiver of any and all rights to privacy and confidentiality. Additionally, the company will not release any report, device(s), or data prior to the approval of the proper authorities.
The Phase I Evaluation is not an inclusive, exhaustive review. The Phase I Evaluation includes an accounting of data and content located on the device(s), along with relevant samples, if possible. A complete and exhaustive review of the data and content is available to The Client (performed with the assistance of The Company) in the Phase II Examination.
The Company Is Not Liable for Third Party Shipping in Transporting Devices. The Client has been made aware that devices submitted for services may be transported to the company office in the state of California, where services will be rendered. The Company reserves the right to relocate The Client media device(s), as may become necessary, to any of its locations. With regard to courier pick-up and shipping, The Company shall not be liable for stolen, lost, or damaged devices during shipment to and from The Company facilities when using third-party couriers or shipping companies, including Federal Express and Uber. Further, The Client agrees to indemnify and hold harmless The Company for lost/stolen/damaged devices and the data contained therein. If The Client receives a drive/media in error, The Client is instructed to promptly contact the company to arrange for its immediate return to The Company facilities. Any unauthorized review, use, disclosure or distribution is strictly prohibited. the company makes no warranty of any kind when shipping and The Client agree to disclaim all liability of the company for inadvertent shipping.
Remote Acquisition. The Client is instructed to install a remote access application, such as Team Viewer, Zoom, ScreenConnect, or others so that The Company’s technician can temporarily take remote control of The Client’s computer via the internet. The Clients will be advised to connect the appropriate device to the computer and the technician will create a clone copy of the device’s internal drive and upload that data to Theto The Company’s secure servers.
Remote Acquisition Refund Policy. If The Client purchases a Remote Acquisition but adequately cancels their purchase before The Company performs the acquisition, The Client may be entitled to a partial refund of 10% of the purchase price. If The Client cancels their purchase after The Company has already performed the acquisition, however, there will be no refund.
Same Day Acquisition. The Company’s courier picks up the device from The Client’s location. The device is delivered to a cloning facility where a digital clone of the device(s) drive is made. The device(s), then, is returned to The Client, generally within 6 hours, but maybe longer, depending on the volume of data or the condition of The Client’s devices and software.
Standard Acquisition. The company’s courier picks up the device(s) from The Client’s location and delivers them to a digital laboratory, where a clone copy of each drive is taken. The devices are returned back to The Client within fourteen (14) days or less.
On-Site Acquisition. This clause shall govern in the event the company has been retained to acquire data via an on-site acquisition at a specific location. The Client understands that the company’s representative will be traveling from The Company Headquarters in San Diego, California, to perform an on-site acquisition. The Client agrees that the company will not be held responsible for unforeseen travel delays and The Client will not be refunded for the same. The Client further agrees to indemnify and waive all The Company’s liability in performing the on-site acquisition, including but not limited to any hardware failure, raid failure, or consequential damages. All devices and data obtained during the acquisition acquisition process will be brought to the company Headquarters for further analysis and review. The Company will not release the results of the examination until payment is made in full.
Expert Witness Testimony. the company may be retained to provide expert witness testimony on behalf of the behalf The Client once a Phase II Comprehensive report has been prepared. Expert witness appearances are charged as an additional cost. Specifically, all expert witness testimony and expert witness travel time are charged at the rate of four-hundred and fifty dollars per hour ($450/hr). Time spent for case review, preparation, ongoing analysis, the reworking of case data, and having the company prepare a condensed report convenient for Court purposes containing relevant information identified by The Client, is charged at the rate of three hundred dollars per hour ($300/hr).
Expert witness services require an initial retainer of no less than $5,000.00; however, individual cases may require higher initial retainers as determined on a case-by-case basis. If the initial retainer is exhausted, The Client will be required to replenish the retainer prior to the continuation of expert witness services. If the entire expert witness retainer is not used, any remaining portion shall be refunded to The Client. The Client is required to pay for travel costs associated with providing this service, which will be calculated on a case-by-case basis.
Requesting an expert witness must be made via email to [email protected] at least 30 calendar days in advance of a requested court/ discovery/ evidentiary appearance. The Company reserves the right to deny a request based on prior commitments and the availability of the company’s expert. The Company also reserves the discretion to propose alternative dates for scheduled Court/evidentiary appearances. Requesting the appearance of an expert witness does not guarantee that The Company will be able to accommodate such a request. Expert Witness services shall be deemed confirmed upon a separately executed expert witness retention agreement.
Non-Solicitation. During the term of this Agreement and for a period of two (2) years after the termination of this Agreement, The Client shall not: (i) solicit for employment and/or employ, any employee, agent, or independent contractor of The Company ; (ii) interfere with or in any manner attempt to harm or terminate The Company’s relationship with any of its employees, agents or independent contractors; or (iii) participate or in any way assist any other person, business or entity in soliciting or hiring an employee, agent or independent contractor of The Company. Notwithstanding the foregoing, nothing shall prevent The Client from employing an employee of the company who: (i) responds to a general employment advertisement when the such solicitation is not specifically directed at that individual.
Communication with The Client. By retaining the services of the company, The Client is authorizing the company to communicate via email-mail, phone calls, text messaging, and other electronic means. Communication with The Client is strictly used to convey information to The Client in a timely manner. The Client information will not be sold, distributed, or in any other way shared with entities or affiliates outside The Company, unless required by law. The Clients may revoke this permission in writing at any time. The Client agrees not to hold the company liable for any electronic messaging charges or fees generated by communication. The Client shall provide the company with updated contact information in the event of any changes.
Non-Disclosure. The Company and The Client mutually agree to refrain from disclosing any Confidential Information of the Parties to any third party that is not a party to this Agreement. The term “Confidential Information” includes any and all written or oral communications between the parties (including any third party agents, proxies, affiliates, or representatives of the parties) regarding or under this Agreement and the services rendered hereunder, as well as any materials and/or information exchanged between the parties, directly or indirectly, through any means of communication, including anything observed (seen or heard) by a Party while present at that offices, facilities, or residences occupied by the other Party. Confidential Information of The Company includes, but is not limited to, the services rendered by The Company, the details, fees, prices, times, places of transactions, or the methods or tools with which services were rendered, the nature of The Client data analyzed, the devices provided for data recovery, the methods or timing of transportation of devices, the files targeted for recovery or any diagnostics, the length of time required for specific services, the names of individuals involved, including sales representatives, customer services representatives, data recovery and forensic engineers and management personnel. Parties mutually agree not to make public or distribute any emails, texts, chat transcripts, or other electronic communications exchanged between the Parties. Nothing in this provision is intended to prevent the company from providing its contractors with information, as may be needed, for the performance and enforcement of this agreement. Should either party violate the terms of this Non-Disclosure Agreement, the parties acknowledge that such a violation creates irreparable harm for which emergency injunctive relief is warranted.
Confidentiality and The Client Feedback. Due to the sensitive nature of the work performed by The Company and the importance of maintaining confidentiality for both The Client and the Company, both parties agree to abide by the following Complaint Resolution Process in the event of The Client’s dissatisfaction.
Complaint Resolution Process: The company places a high value of importance on customer satisfaction and therefore treats every complaint with a commensurate degree of seriousness. For this reason, The Company provides clear channels of communication for The Clients to convey any complaint or dissatisfaction with services rendered, with the goal of seeking a prompt and satisfactory resolution for both parties. In the event The Client has a complaint or dispute with The Company, The Client agrees to communicate his/her grievance promptly to The Company and allow The Company a reasonable amount of time, as described below, to respond to The Client’s complaint and propose solutions. The Client is agreeing to provide The Company every reasonable opportunity to resolve disputes in the following manner and follow all alternative dispute provisions:
1) Initial Phase: In the event, The Client is not satisfied with services or is having billing issues, The Client is instructed to contact customer service, at 800.484-3946. If the call goes to voicemail, The Client must leave a detailed message including a case including case number and a brief description of the issue. The Company will address stated customer issues within 3-6 business days.
2) Escalation Phase: In the event that customer service is unable to rectify the customer issue, The Client must email ([email protected]) providing a detailed explanation of the issue. Once The Client contacts The Company management for escalation, a proposed resolution will be offered within 7 business days.
3) If any of the above methods prove unsuccessful in resolving an issue, The Client will then be entitled to have the complaint to be reviewed by the President of Theof The Company, to address The Client’s issue directly. The Clients will receive a resolution within 7-10 business days following communication with the President.
4) If the Complaint remains unresolved or in the event, that The Company has a dispute with The Client pursuant to the terms of this Agreement, the Parties will submit the dispute to Mediation before an agreed upon Mediator which shall take place no later than 45 days after The Client has received the communication with the President as stated above. If the Parties cannot agree upon a mediator, The Company shall present a list of at least five (5) competent mediators, with no ties to The Company, and The Client shall pick one person from that list to serve as Mediator.
5) If mediation is unsuccessful, the dispute shall be submitted to binding arbitration pursuant to the commercial rules set by the American Arbitration Association. The Parties shall agree upon an arbitrator who shall be a retired judge from either a Common Pleas Court of the State of California or a Federal District Court of the State of California.
6) In the event The Company believes The Client’s breach of this Agreement creates a risk of irreparable harm, The Company has the right to seek emergency injunctive relief before the Court of Common Pleas of San Diego County or the Federal District Court for the Northern District of California. Further, only in the limited scenarios of collection of unpaid fees and defamation claims, the company has the right to initiate a lawsuit outside of arbitration. The Client AGREES THAT THESE LIMITED EXCEPTIONS ARE FAIR.
The Client Review and Feedback Policy. The Company takes into consideration all feedback it receives and values the opportunity to improve The Company in any manner that creates more efficient services for our Clients. Therefore, nothing in this agreement is intended to restrict The Client from engaging in communications protected under the Consumer Review Freedom Act. However, the company will not accept and will vigorously defend against unprotected content, such as defamatory, confidential, or misleading reviews regarding the company, its employees, or its services. As a courtesy to the company, The Client agrees to provide the company with a reasonable opportunity to cure any defect in service and to address any The Client complaints prior to The Client lodging any complaints, posting a review about the company online or on any forum, or otherwise publicly disparaging The Companies services.
Exclusions from Confidential Information. In the event either Party receives an order from a court of law, such as a subpoena, it may require the Party to disclose Confidential Information of the other Party. Further, in the event that The Client initiates legal action against the Company, publishes/posts statements regarding the company, or otherwise takes action in violation of this Agreement, the company reserves the right at its full discretion to disclose whatever information may be necessary to refute The Client’s claims or statements, including disclosing confidential information regarding the engagement.
Responding to Subpoena Request/Court Order. As a non-party witness, The Company will not bare the costs to respond to a subpoena or other discovery requests. The reasonable production expenses of The Company shall be allocated and defrayed by the party seeking discovery and The Client. the Company will require a retainer of $4,000.00 ($400/hr in 10-hour increments) to respond to request/s, which may include but not be limited: to incurring legal expenses for responding to the request, objecting to the subpoena and filing a motion to quash if necessary, the lab time analysis and engineering services needed to compile and download relevant digital evidence and forensic reports as needed. In no event shall The Company be obligated to produce requests for information that is not reasonably accessible, posting poses an undue burden on The Company’s business operations, including requests for trade secrets and proprietary information.
Indemnification. In the event any third party brings a claim against Theagainst The Company relating to services performed for The Client, The Client shall defend, indemnify and hold harmless The Company from any such claim. Once the company selects a law firm to represent itself in any such claim, The Client shall be notified to pay the reasonable attorneys’ fees of said firm.
Agent Acting On Behalf Of The Client: This clause shall govern if The Company is entering into an Agreement with an agent/proxy acting for and on behalf of an individual The Client or The Client’s Organization (or its affiliate, associate, or subsidiaries). AGENT AFFIRMS THAT HE/SHE IS AN AUTHORIZED AGENT OF AN INDIVIDUAL OR ORGANIZATION. An officer or member signing this agreement warrants and represents that he or she has been authorized to execute this document on behalf of that entity. Agent further authenticates that he/she has received express authorization from the authorized officers in the organization to enter into a contractual transaction with the company, to make financial decisions, submit devices for review or analysis, and make any and all payments relating to services. The Company has relied on these affirmations prior to proceeding with the performance of services. As it pertains to payment, the underlying The Client or Organization is held liable regardless if the agent is using personal funds rather than the Organization’s credit because of the above affirmations made by the agent which The Company has relied upon. All liability and responsibility for making payment shall be applied towards The Client or their agent personally, as permitted by law.
Information Collection and Use. In the course of day-to-day business operations, authorized individuals within The Company will encounter personal data that it collects from The Clients, which is necessary in order to carry out The Company’s business purposes. The company takes very seriously the integrity of the information and data that comes into The Company’s control. Therefore, The Company has in place measures to protect The Client’s privacy and to identify unauthorized attempts to access information or otherwise breach The Company’s servers. Attempts to access any portion of Theof The Company servers are strictly prohibited and may be punishable under applicable California and Federal statute(s). The Company does not ensure The Client’s privacy when The Client’s data conflicts with the above with above clause entitled “Handling of Illegal Contents.” the company makes no representations and claims no responsibility over content found within The Client’s property that involves confidential information relating to unknown third-parties.
Removal of The Client data. As an extra precaution to protect The Client’s data, the company reserves the right to delete The Client’s content within 72 hours of completing The Client’s case. This includes deleting email correspondence, personally identifiable information, the nature of services provided, and phone recordings with the exception of voice authorization audio recordings which are maintained for authorization purposes.
Breach. Should The Client file a lawsuit in breach of this Agreement, The Client is responsible for all reasonable costs and expenses, including but not limited to attorney fees, court costs, and all other fees that are incurred by the Company in contesting and refuting The Client’s breach, which may entail entering a limited appearance to introduce and invoke this Agreement.
Damages. Parties understand and agree that monetary damages may not be a sufficient remedy for any breach of this Agreement and that each party shall be entitled to seek injunctive or other equitable relief to remedy or forestall any such breach or threatened breach. Such remedy shall not be deemed to be the exclusive remedy for any breach of this agreement, but shall be in addition to all other rights and remedies available at law or in equity.
Governing Law. This agreement shall be construed and enforced according to, and governed by, the laws of the State of California, as well as any claim that might arise between The Client and The Company, without regard to conflict of law provisions. The Client understands that Digital Forensic investigation services will be conducted by the company in the state of California. The Company will collect all of the digital evidence from The Client by electronic means or via The Client sending a copy of the evidence or the device to the company. The Client understands that the evidence will be reviewed in the state of California and not in The Client’s local state jurisdiction relative to all laws governing the investigation and licensing rules and regulations.
Jurisdiction. Any legal action brought pursuant to this Agreement shall be governed by the alternative dispute provisions contained herein and shall only be instituted and heard in San Diego County, California. Should any disputes between the Parties be determined not to be subject to the alternative dispute resolution process contained in this Agreement, such as a collection of unpaid fees or defamation claims, said disputes shall be brought to a Court of competent jurisdiction in San Diego County, California and the Parties agree that the Court shall determine all issues of law and fact and waive their respective right to the jury regarding any dispute regarding the negotiation, formation or performance of the terms of the Agreement. The Parties agree that the waiver of the right to a jury is being made knowingly, voluntarily, and intelligently.
The Client hereby irrevocably waives and agrees not to assert, by way of motion, as a defense, or otherwise, in every suit, action, or other proceeding arising out of or based on this Agreement and brought in any such court, any claim that The Client is not subject personally to the jurisdiction of the California Courts, that The Client’s property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum or that the venue of the suit, action or proceeding is improper.
FORCE MAJEURE. Except for the obligation of The Client to make payments required hereunder, neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause beyond its control, including, without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government. A Party whose performance is affected by such an event shall promptly notify the other Party of the delay and use commercially reasonable efforts so performance can be achieved as soon as reasonably feasible.
Severability. Both parties agree that if any term in this Agreement is found to be invalid, void, or in conflict with California law, only that clause will be null and void but the rest of the agreement remains valid and enforceable.
Interpretation. Both parties agree that this agreement shall be interpreted as broadly as necessary to establish the enforceability of each term and clause. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies with an enforceable term and agreement.
Construction. This Agreement shall not be construed by any arbitrator or Court to the detriment of either Party. This Agreement will be construed according to its fair meaning, and not strictly for or against a party merely because that party drafted the Agreement.
Application. The Company will receive the above protection even after all engagements have ended. This protection extends to any future suit.
Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
The Client acknowledges that he/she has had a reasonable opportunity to obtain or has obtained INDEPENDENT LEGAL ADVICE WITH RESPECT TO THIS AGREEMENT AND THAT IT HAS READ AND FULLY UNDERSTANDS THE PROVISIONS OF THIS AGREEMENT. The Client acknowledges that any questions relating to process, procedure, timing, deliverables, billing, or any other matters of concern, have been addressed prior to executing this agreement, this agreement has not been signed or initiated under duress, and that all terms of this agreement are reasonable and accepted. IF MORE THAN ONE The Client SIGNS BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
The Client agrees to provide complete and accurate information as requested by the company. The Company reserves the right to terminate this agreement and The Client’s use of any products and services for violation of any terms of this agreement or in the event any false or misleading information is supplied by The Client.
The Client Signature:______________________
Printed Name: ______________________
Consent to Search Form
The Client understands that the company is not always able to verify or determine conclusively the true owner of an item being submitted for investigation or if a device has been illegally obtained. Therefore, the company relies on the following affirmations made by The Client before proceeding with the performance of services
Electronic Media/Devices. I, The Client, authorize and provide my consent to the company to take temporary possession and conduct a search, forensic examination, data duplication, forensic imaging, and report on the information contained on the following electronic media/devices I have provided to the company: computer system, electronic data storage service, computer data storage, laptop, mobile device, or any other electronic device capable of storing, retrieving, processing and/ or accessing data.
Web-Based Accounts. I, Sheri Goldman, authorize and provide my consent to the company to access, view, download, record, extract, archive, and report on information contained in the web-based accounts submitted to the company, such as electronic mail in all folders (sent, received, trash, etc.) stored offsite by the web-based email provider, online cloud-based storage platforms, social media accounts, e-commerce platforms, and non-public platforms.
Remote Access. I, Sheri Goldman, authorize and provide my consent to the company to gain access and/or control through remote access to any devices in connection with the service, for purposes of viewing, downloading, recording, extracting, archiving, and reporting on information contained on the device/s. Prior to initiating a remote access event, The Company will give notice to The Clients.
The Client acknowledges that it is illegal to access, review, investigate, monitor, or install software on a device they do not own without the explicit permission of the device’s owner, and is declaring the following:
(Please initial each item below)
______ The Client affirms that any item assigned to The Company, either submitted physically or made available through remote access is either, The Client’s property or The Client is an authorized representative of the owner of those items, or The Client has the EXPRESSED PERMISSION FROM OWNER TO SUBMIT THOSE ITEMS, which may contain sensitive or private data.
______ The Client affirms that he/she has notified all other parties who may have privileged or private data contained on the device that The Client has submitted for digital investigation and that, consequently, those parties can have NO REASONABLE EXPECTATION OF PRIVACY with regard to data or communications on the device and that therefore all parties hold The Company harmless.
______ The Client acknowledges that there may be additional devices submitted during the course of the investigation and his/her affirmations extend to those devices as well.
______ The affirmations made by The Client may also extend to The Client in the role of employer/employee submitting items owned by The Client’s employer/The Client’s employee. The Client affirms to have the authority or express permission from the true owner to submit organization owned/employee-owned devices for services.
______ The Client understands that any legal questions and concerns relative to this consent form should be directed to The Client’s attorney.
Indemnification. The Client shall indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) against anyone bringing a claim against the company related to misinformation supplied by The Client or services performed for The Client.
Dispute to Ownership. The Client is hereby advised that in the event the company is put on notice that a device/s was illegally submitted by The Client, in contradiction to affirmations contained above, The Company will immediately stop work. The protocol will proceed as follows: The company will allow the legal process to unfold for a determination of how to proceed forward with the dispute of ownership. The Company will not refund The Client but will allocate any unused funds to perform the additional work needed to resolve the pending matter, including corresponding with legal counsel for the potential true owner of the device, producing information relative to discovery requests, and cooperating with the court where the dispute will be heard. The Company will charge The Client $400 per hour for the unforeseen and additional work prompted as a result of fully resolving the challenge to disputed ownership, including but not limited to the time period after ownership has been determined until The Company has met all obligations required by law or otherwise.
The Client Signature: _______________
Waiver, Release of Liability, and Indemnity Agreement
Waiver of Liability. The Company and its representatives, including parents, subsidiaries, affiliates, and DBA trade names specific to the service, shall not be liable to The Client or other third parties for, and The Client agrees not to sue for, any claim relating to the service including without limitations The Company accessing The Client devices, collecting data, interpreting data, reporting on data, communicating on that data, or delivering report(s)/services. The Client HEREBY RELEASES The Company AND ALL ITS EMPLOYEES, ATTORNEYS, FROM ANY AND ALL LIABILITY including counterclaims, suits, causes of action, remedies, damages, liabilities, debts, demands, warranties, promises, duties, attorney fees, costs, expenses, fees, third party actions or proceedings of whatever kind or nature, whether at law, equity, or otherwise and forever waives any claim(s) against the company. This release of liability ALSO PREVENTS The Client’s spouse, relatives, heirs, descendants and third parties from bringing suit against Theagainst The Company for any of the above-described matters.
Limitation of Liability. In the event that The Company is found to be liable under this Agreement for any reason, the company’s entire aggregate liability to The Client under the services agreement is limited to direct damages not exceeding the fee paid by The Client for The Company’s services. In no event shall the company be liable for any consequential, incidental, indirect, special, or punitive damages incurred by the other party and arising out of the performance of the agreement, whether or not such loss or damage is based in contract, warranty, tort, negligence, strict liability, indemnity, or otherwise, even if a The Client has been advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Additionally, the company shall not be liable to The Client for any and all claims arising out of or in connection with this agreement brought more than one (1) year after the cause of action has accrued.
No Warranty. While the company takes great effort to provide complete and accurate information to The Clients in a forensic report(s), and information is obtained from sources believed to be reliable, it is in no way guaranteed. Thus, the Company’s report(s) and/or services are provided “as-is”, with no warranties of any kind, whether express, implied in fact or by operation of law, or statutory, including without limitation, those as to quality, non-infringement, accuracy, completeness, timeliness, false positives of sources of information, data errors or fully complete current data, and those warranties that might be implied from a course of performance or dealing or trade usage and warranties of merchantability and fitness for a particular purpose.
Indemnification. In the event any legal action is brought against the company regarding the subject matter of the engagement, The Client will indemnify, hold harmless, and defend the company and its affiliates to the fullest extent permitted by law against any claim arising or relating to the services performed. This indemnification of The Company will include but not be limited to any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs, and reasonable attorney’s fees.
The Client also understands that efforts made by Theby The Company in the ordinary course of performing services covered by this Agreement may result in the inadvertent deletion, damage or destruction of the data/media/equipment. The Client AGREES TO INDEMNIFY AND HOLD HARMLESS The Company for any inadvertent or negligent act that results in the loss of any data stored on submitted devices, even if claimed to have a significant monetary or business value.
Severability. If any section of this Waiver Agreement is found to be invalid, void, or enforceable, only that section will be null and void but the remainder shall stay in full force and effect.
Breach. Should The Client file a lawsuit in breach of this Agreement, The Client is responsible for all reasonable costs and expenses, including but not limited to attorney fees, court costs, and all other fees that are incurred by The Company in contesting and refuting The Client’s breach, which may entail entering a limited appearance to introduce and invoke this Agreement.
I HAVE READ THIS ENTIRE WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, AND I FULLY UNDERSTAND IT AND AGREE THAT IT SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY California LAW.
The Client Signature: _______________
Printed Name: __________________
Please type the name of the person who is signing authorization: