MEDIA FORENSICS Terms and Conditions of Service

Thankyou for requesting Media Forensics’ Digital Forensic services (collectively the “Services”). The Services provided by Media Forensics (the “Service Provider”), located in Perth Western Australia, are subject to the following Terms and Conditions (the “Terms”). Please read in conjunction with our Privacy Policy.

By using or requesting our Services, you (the “Client”) are agreeing to these Terms and Conditions. Please read them carefully.

Engagement of Service Provider

The Client agrees to engage Media Forensics as the responsible Service Provider to perform the Services and provide information, data, documents and reports requested (collectively the “Product”) in accordance with these Terms.

The Client acknowledges and consents to Services being delegated to other trusted businesses and personnel approved by the Service Provider as required, following advice to the Client of these actions and the Client’s acceptance.

The Client acknowledges and consents to administrative services being provided by other staff. The Service Provider will properly supervise the work carried out by any staff working for or on behalf of the Service Provider.

The Service Provider reserves the right to vary the estimate of time and the quoted price to complete the required Services or Product following variations in the Client’s requirements or information, data and documents (collectively the “Material”) provided.

Client Representation by An Agent

All references to the Client in this agreement are applicable to the Agent, where one is appointed by the Client to act as their representative.

The Agent appointed by the Client guarantees that the Client has delegated full authority to act on behalf of and represent the Client in all matters relating to the provision of Services or Product by the Service Provider.

The Agent appointed by the Client guarantees to be solely responsible for the prompt payment of all accounts relating to the Services and Product provided by the Service Provider to the Agent in accordance with the Terms of this agreement and as defined in related quotations and invoices.

Using our Services

You may use our Services and Product only as permitted by law.

When you provide or submit Material to the Service Provider, you give the Service Provider (and those we work with) lawful permission to use, host, store, reproduce, modify, create derivative works, adaptations or other changes we require so that your Material can be processed in accordance with the Services requested. Make sure you have the necessary rights to grant us this license for any Material that you submit to our Services.

Due to the varying and unknown nature of Material provided by the Client, no guarantees can be made nor implied that the Material can be sufficiently processed to produce Product to the extent requested by the Client.

The Service Provider cannot and does not guarantee the outcome of any action taken by the Client and is under no obligation to provide any refund, or be held in any way liable for any action taken by the Client based upon the Services and Product provided by the Service Provider. The Service Provider will be under no obligation to complete the Services and/or deliver Product requested until payment in full has been made for all fees due and payable in accordance with the Terms of this agreement and those stated on the accepted quotation and invoice.

In the event that payment terms are agreed to by the Service Provider, failure to comply with those agreed payment terms will result in the additional charge of any and all debt recovery costs (minimum of $200), plus compound interest of 12.0 % per annum (calculated weekly) applied to any outstanding amounts.

The Service Provider Guarantees That:

The Service Provider is suitably qualified and experienced, and has sufficient knowledge and relevant skills to undertake and competently provide the agreed Services.

The Service Provider will act in accordance with the law and in the best interests of the Client, and deal with the Client competently, diligently and fairly.

Before starting work for the Client, the Service Provider will give the Client:

• an estimate of fees for each hour or each service to be performed and disbursements that the Service Provider is likely to incur as part of the services to be performed, and
• an estimate of the time likely to be taken in performing the services and providing the agreed Product; or
• an estimate of the total cost of the services to be performed and an estimated time to completion of services.

The Service Provider will not make, or encourage the making of statements, which he or she knows or believes to be misleading or inaccurate, or based upon incomplete information or restricted access to necessary information.

The Service Provider will declare any known or perceived conflict of interest for Client consideration in continuing with this Agreement.

The Client Guarantees That:

The Client represents and warrants to the Service Provider that the Client is at least 18 years of age and otherwise has the power, authority and capacity to agree to these Terms with the Service Provider.

The Client is lawfully in possession of, and has the legal right to make available the Material provided to the Service Provider.

The Client guarantees that all Material provided to the Service Provider is, to the best of the Client’s knowledge and belief, true and current and not misrepresented in any way.

The Client will not hold the Service Provider liable in any form for any loss arising from the Client’s use of Services or Product provided by the Service Provider.

The Client will not hold the Service Provider responsible for any delay in the provision of Services or Product caused by any delay in providing, making available or delivering Material as requested by the Service Provider, or for changes in the Client’s requirements for the purpose of performing the agreed Services.

The Client will not hold the Service Provider responsible for the provision of incorrect or incomplete Services or Product where the Client provided misleading, inaccurate or incomplete Material.

The Client will as soon as possible after giving instructions to the Service Provider and receiving an estimate of fees, disbursements and the likely time to be taken in performing Services, provide written acceptance of these estimates and pay the agreed deposit or payment prior to Services commencing.

Retention of Records, Material and Product

The Service Provider will keep records of the Clients’ account, including:

• the date and amount of each deposit made to the Client’s account, including an indication of the purpose of the deposit and the Client on whose behalf the deposit is made;
• receipts for any payments made by the Client to the Service Provider;
• statements of Services; and
• copies of invoices or accounts rendered in relation to the account.

The Service Provider agrees to keep securely and in a way which will ensure confidentiality, all records, Product and Material provided by, or on behalf of, the Client or paid for by, or on behalf of the Client until the earlier of:

• 7 years after the date of the last action on the file for the Client, or
• when the Material is returned to the Client or dealt with in accordance with the Client’s written instructions.

Confidentiality and Non-Disclosure

For the purpose of this Agreement, “Confidential Information” shall mean records, Product or Material received by either the Client or the Service Provider (the “Receiving Party”) provided by either the Client or Service Provider (“Disclosing Party”) which is marked as “Copyright”, “Confidential” and/or “Proprietary” or which would logically be considered “Copyright”, “Confidential” and/or “Proprietary” in view of its relationship to the whole disclosure. Records, Product or Material furnished orally, in written form, by electronic means, or by any other means, which was identified by the Disclosing Party as “Copyright”, “Confidential” and/or “Proprietary” at the time of disclosure, shall be treated by the Receiving Party as Confidential Information.

This Agreement and the furnishing of “Confidential Information” by the Disclosing Party as provided herein shall not be construed as establishing, either expressly or by implication, any grant of rights or licenses to the Receiving Party or any relationship between the parties unless explicitly agreed to in writing by the Disclosing Party.

The Service Provider will preserve the confidentiality of all records, Product and Material produced by the Service Provider in relation to the provision of the agreed Services. The Service Provider will not knowingly disclose, or allow to be disclosed, confidential information about the Client or records, Product or Material related to the provision of Services without the Client’s written consent, unless required to do so by law.

All “Confidential Information” shall be maintained in confidence by the Receiving Party, and shall not be disclosed to any third party and shall be protected with the same degree of care as the Receiving Party normally uses in the protection of its own confidential and proprietary information, but in no case with any less degree than reasonable care. The Receiving Party shall not use any “Confidential Information” received from the Disclosing Party except for the evaluation and analysis purposes set forth above is disclosed pursuant to judicial action or government regulations, provided the Receiving Party notifies the Disclosing Party prior to such disclosure and cooperates with the Disclosing Party in the event the Disclosing Party elects to legally contest and avoid disclosure.

The restrictions on disclosure herein provided shall not apply with respect to “Confidential Information” which:

• is known by the Receiving Party at the time of receipt; or
• is or becomes a part of the public domain without breach of this Agreement by the Receiving Party; or
• is legitimately obtained by the Receiving Party without a commitment of confidentiality by a third party; or
• is disclosed by the Disclosing Party to a third party without a commitment of confidentiality by the third party; or
• is independently developed by the Receiving Party; or
• is disclosed pursuant to judicial action or government regulations, provided the Receiving Party notifies the Disclosing Party prior to such disclosure and cooperates with the Disclosing Party in the event the Disclosing Party elects to legally contest and avoid disclosure.

Unintended Communications Disclosure

The Service Provider disclaims and waives any liability or responsibility whatsoever for interception or unintentional disclosure of Material, Product, emails, phone calls or any other means of communications between the Service Provider and the Client.

The Client agrees that the Service Provider shall bear no liability for any loss or damage to any person or entity resulting from the use of Material, Product, emails, phone calls or any other means of communications, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or unintentional disclosure or communication of confidential or proprietary information when communicating with the Service Provider.

Termination of Agreement

The Service Provider may suspend or stop providing Services to the Client if the Client does not comply with the agreed Terms or does not pay any amounts owing in accordance with the agreed Terms.

The Client may stop using the Services and terminate this agreement at any time by providing written advice of the termination or cancellation of requested services to the Service Provider.

The Service Provider may terminate the agreement at any time by providing written advice of the termination to the Client.

If the agreement is terminated, the Client must pay any fees outstanding for work already performed by the Service Provider. The Client is not required to pay any fees for work not yet performed by the Service Provider and if these are pre-paid, a refund will be provided.

Copyrights and Trademarks

All content and functionality on the Service Provider’s website, including text, graphics, logos, trademarks, icons, and images and the selection and arrangement thereof, is the exclusive property of the Service Provider and is protected by Australian and international copyright laws. All rights not expressly granted are reserved.

Using our Services does not give you ownership of any intellectual property rights to Services or Product provided to you by the Service Provider. You may not use Product from the Service Provider for any commercial purposes unless you obtain express written permission from us, or are otherwise permitted to do so by law.

These Terms do not grant you the right to use any branding or logos used in our Website, Services, or Product. Do not remove, obscure, or alter any legal notices displayed in or along with our Website, Services or Product.

When our Services require you to submit Material, you retain ownership of any intellectual property rights that you hold in that Material.

Liability and Complying with Laws

To the maximum extent permitted by law, and except to the extent expressly specified or referenced in these Terms, the Service Provider is not liable (whether in contract, tort, under statute or otherwise) for any loss, damage, or expense (including special, indirect or consequential loss, loss of profit or revenue, loss of use, legal costs and defence or settlement costs) that you or any other person incurs arising directly or indirectly out of or referable to Services or Product provided by the Service Provider.

A right of the Service Provide under these Terms may only be waived in writing, signed by the Service Provider.

The laws of the State of Western Australia govern these Terms and your use of Services and Product provided by the Service Provider. The Service Provider reserves any rights not expressly granted in these Terms.