TERMS AND CONDITIONS OF SERVICE
All customers and users of Computer Forensics Lab website agree to be bound by terms and conditions of service set forth below UPON usage of any services offered by Computer Forensics Lab.
1.Definitions and Interpretations
1.1 In these terms and conditions the following words have the meanings given:- Customer” means the person, firm or company ordering Products or services;” Default” shall mean any breach by either party of its obligations any act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable; “the company” means Computer Forensics Lab; “Engagement” means any job or jobs assigned to Computer Forensics Lab by the customer; “We” means Computer Forensics Lab; “You” means the customer.
2.1. The customer authorises Computer Forensics Lab or its agents to conduct an evaluation of the data/media/equipment on-site or off-site to determine the nature and scope of the engagement and to enable the company to provide an estimate of the cost of forensic investigation and/or the turnaround. Furthermore, the customer agrees to facilitate the engagement by providing all authorisations, security or legal clearances as required prior or throughout the course of the engagement.
2.2. The customer authorises Computer Forensics Lab, its employees, independent contractors, and agents, to securely receive and transport the media/equipment/data to, from and between their premises required to deliver the services contracted by the customer.
2.3. The customer hereby represents, warrants, and affirms that he, she, or it is the owner or the authorised representative of the owner of the property or the equipment and all of the information and data stored on said property or equipment. By entering into this agreement, the customer declares that the foregoing representations are true and correct. The customer agrees to indemnify Computer Forensics Lab for any claims against the company related to any jobs assigned to Computer Forensics Lab.
3.1.Computer Forensics Lab will use any information contained in the data, media and/or equipment provided to the company by the Customer only for the purpose of fulfilling the engagement, and will otherwise hold such customer information in the strictest confidence. Any confidential information disclosed by Customer under this agreement will remain the owner’s sole property, and Computer Forensics Lab shall employ reasonable measures to prevent the unauthorised use of customer information. Such measures shall not be less than those measures employed by Computer Forensics Lab in protecting its own confidential information. Computer Forensics Lab will not disclose confidential information except to its employees, consultants or sub-contractors as needed for the sole purpose of performing the engagement. Such information will not be disclosed to any other party except as required by law. Computer Forensics Lab will employ appropriate technical and organisational measures to safeguard any customer information, including personal data, and will act only on the instruction of the Customer with respect to such information.
4.1 Customer agrees to pay Computer Forensics Lab all sums authorised from time to time by Customer, which will typically include charges for Computer Forensics Lab services, reasonable travel and per diem expenses for on-site work, shipping and insurance and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by Computer Forensics Lab, all such sums are due and payable in advance, by company check, bank wire transfer, or credit card.
5.Consent & Acknowledgement
5.1 Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorisation if followed by written confirmation electronic or otherwise by Computer Forensics Lab at the earliest possible opportunity, and/or facsimile.
5.2 Customer acknowledges that the equipment/data/media may be damaged prior to Computer Forensics Lab receipt, and Customer further acknowledges that the efforts of Computer Forensics Lab to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. Computer Forensics Lab regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during Computer Forensics Lab efforts to complete the Engagement.
6. Limitation of Liability
6.1 Computer Forensics Lab shall a) not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services; b) In no event will Computer Forensics Lab be liable for any loss of data or loss of revenue or profits, goodwill or anticipated savings or any consequential loss whether sustained before, during or after services even if Computer Forensics Lab has been advised of the possibility of damages or loss to persons or property.
6.2 The Customer must be aware of the inherent risks of damage to media or equipment that is involved when undergoing in the course of the engagement, including without limitation, risks due to destruction or damage to the media or equipment and/or data stored and inability to recover data, or inaccurate or incomplete forensic data recovery, including those that may result from the negligence of Computer Forensics Lab. The customer agrees not to hold Computer Forensics Lab responsible for any direct or indirect damage or loss of equipment or media or data loss. In case of any damage or loss to the original media or equipment, the liability of Computer Forensics Lab shall be limited to providing the customer with similar media or equipment of comparable price or capacity.
6.3 The maximum aggregate liability of Computer Forensics Lab to the Customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the Customer as a result of any default of Computer Forensics Lab shall be limited in aggregate to the lesser of £1000 or an amount equal to the sums paid by the Customer under the Contract during the preceding 30 days.
6.4 Any advice or recommendations given to the Customer by Computer Forensics Lab or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by Computer Forensics Lab, is followed or acted upon entirely at the Customer’s own risk and accordingly Computer Forensics Lab shall not be liable for any such advice or recommendation which is not so confirmed.
6.5 While Computer Forensics Lab will make every effort to preserve the integrity of any data or equipment related to the engagement, the Customer agrees not to hold Computer Forensics Lab responsible for any accidental damages to the the data or equipment in its possession including but not limited to surface scratches, deformations and cracks.
7.1 Customer warrants to Computer Forensics Lab that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Computer Forensics Lab, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject.
8.1 The parties agree that this Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England.
9.1. Computer Forensics Lab will hold the information the customer has given verbally, electronically or in any submitted forms, for the administration of his or her account, credit risk assessment and customer management. He/she may apply for a copy of the information that Computer Forensics Lab hold about him/her and he/she has the right to have any inaccuracies corrected.
10.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.