Digital Forensic Examinations:
In performing the Services, EmailRevealer.com shall prepare and deliver to Customer the following deliverables:
1. Non-Forensic image and report of digital evidence on a handheld device
2. Customer acknowledges they are the legal owner of the digital device and have legal control and possession over that device to authorize an examination.
A retainer fee of $400.00 will be assessed for the Services before Services will be performed. Customer agrees to pay EmailRevealer.com for any shipping charges authorized by Customer. EmailRevealer.com will not refund the retainer if EmailRevealer.com is unable to perform the basic exam. You are paying for the examination not the results. Services may not be canceled once device is received by EmailRevealer.com The device shall be mailed via a carrier service to the address in the main services introduction letter.
If Customer requests any changes to the Services, EmailRevealer.com reserves the right to cease call work and return the digital device. EmailRevealer.com reserves the right to adjust the completion date and/or total fees for the Services. Should any unexpected problems or delays occur that are beyond the reasonable control of EmailRevealer.com ,EmailRevealer.com reserves the right to adjust the completion date. The total fees for the Services cannot be currently estimated, but will not exceed the retainer amount without prior written authorization. If, as milestones are reached the customer requests more work to be done on the part of EmailRevealer.com then this agreement will be extended to cover same as long as both parties continue to agree to its term. All additional work requested will be billed at the same agreed upon billable rates established below. If EmailRevealer.com suspects the device(s) to be examined contain(s) any questionable or suspected criminal data, EmailRevealer.com reserves the right to turn over the device to the appropriate authorities.EmailRevealer.com holds no liabilities for the device, any data, or possession of such data.
This agreement (including the attached Exibits which are incorporated herein) forms the entire agreement of the parties, and cancels and supersedes any and all prior understandings and agreements, oral or written, between the parties related to the subject matter hereof. This agreement may not be modified or waived, in whole or in part, except by written amendment signed by authorized representatives of each party. None of the terms of Customer's purchase order or any like documents shall supersede the terms and conditions of this agreement. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of laws rules.
Warranties and Disclaimers. EmailRevealer.com warrants to Customer that the Services will be performed in a workmanlike manner. Customer’s exclusive remedy, and EmailRevealer.com ’s sole liability, for any breach of the foregoing warranty shall be, at Your Company’s Name option, performance of, or a refund of the amount paid for, such non-conforming Services. EmailRevealer.com DISCLAIMS ANY OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND DELIVERABLES PROVIDED HEREUNDER. The Services and Deliverables provided by EmailRevealer.com do not assure the security of any computer system, nor does EmailRevealer.com warrant the performance of, or security provided by, any software, hardware or computer system configuration.
Discovery of Suspect Data If EmailRevealer.com Corporation discovers in the process of examination potential suspect illegal materials. Said data and associated data will immediately be turned over to the athorities.
Limitation of Liability. IN NO EVENT SHALL EmailRevealer.com OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S COMPUTERS, COMPUTER SYSTEMS, DATA FILES, PROGRAMS OR INFORMATION) IN CONNECTION WITH THE SERVICES OR DELIVERABLES PROVIDED HEREUNDER. IN NO EVENT SHALL EmailRevealer.com ’S TOTAL LIABILITY EXCEED THE FEE PAID TO EmailRevealer.com BY CUSTOMER FOR THE SERVICES PROVIDED HEREUNDER.
CONFIDENTIAL