DIGITAL FORENSIC SERVICES – TERMS & CONDITIONS

Limitations and Restrictions
Our report is not to be reproduced or used for any purpose other than that outlined in this engagement without our written permission in each specific instance. Subsequent to the completion of the engagement, CBIT PTY LIMITED ACN 107 115 846 (herein forth “CBIT”, “CBIT Digital Forensics Services”, “CDFS”, “CBIT Data Recovery”, “CDR”), is not under any obligation to update its advice, recommendations or work product for changes or modifications to the law and regulations, or to the judicial and administrative interpretations thereof, or for subsequent events or transactions, unless the Client separately engages the Service Provider to do so in writing after such changes or modifications, interpretations events or transactions.

This is a services engagement.  CBIT warrants that it will perform services hereunder in good faith with qualified personnel in a competent and workmanlike manner in accordance with applicable industry standards.  CBIT disclaims all other warranties, representations or conditions, either express or implied.

Estimate of Fees
Any estimate of anticipated fees for services provided prior to or during the course of the work is CBIT’s best estimate of the effort that will be required to complete the services based on the information available at the time.  Under no circumstances shall this estimate be deemed a maximum fee or fixed price.  It is not a quotation, and it is subject to change.  If your instructions and/or requirements do alter, or if more information comes to light that changes the scope of work, CBIT will furnish you with a further estimate.

CBIT reserves the right to deny or withdraw any individual or group, from the use of any CBIT services without explanation or cause, and to refund any associated fees paid for the relevant service.

Hardware
In the course of performing a recovery or examination of hard drives, it may be necessary for some physical components to be dismounted and/or replaced.  These may result in permanent destruction of the hard drive itself.

Reporting
During the performance of the services, CBIT may supply oral, draft or interim advice, reports or presentations but in such circumstances CBIT’s final written report shall take precedence.

Confidentiality
CBIT will treat as confidential all proprietary information obtained from the Client in the course of the engagement except as described in this section. CBIT will only use such information in the connection with the performance of its services.

The above restrictions shall not apply to any confidential information that: (i) is required by law or professional standards applicable to CBIT to be disclosed; (ii) that is in or hereafter enters the public domain; (iii) that is or hereafter becomes known to the Client or CBIT, as the case may be, without breach of any confidentiality obligation; or (iv) that is independently developed by the Client or CBIT, as the case may be.

CBIT shall be entitled to include a description of the services rendered in the course of the engagement in marketing and research materials and disclose such information to third parties, provided that all such information will be rendered anonymous and not subject to association with the Client.

Legal Proceedings
The Client agrees to notify CBIT promptly of any request received by the Client from any court or applicable regulatory authority with respect to the services hereunder, CBIT’s advice or report or any related document.

If CBIT is required by law, pursuant to government regulation, subpoena or other legal process or requested by the Client to produce documents or personnel as witnesses arising out of the engagement and CBIT is not a party to such proceedings, the Client shall reimburse CBIT at standard billing rates for professional time and expenses, including, without limitation, reasonable legal fees, incurred in responding to such requests.

When requested or required by law, subpoena or other legal process or otherwise, that CBIT provide information and documents relating to the Client’s affairs, CBIT will use all reasonable efforts to refuse to provide information and documents over which the Client asserts legal privilege or which has been acquired or produced in the context of the engagement of legal counsel by or on behalf of the Client, except where providing such copies, access or information is required by law, or a public oversight board in respect of reporting issuers pursuant to its contractual or statutory authority.

Where the Client provides any document to CBIT in respect of which the Client wishes to assert legal privilege, the Client shall clearly mark such document “privileged” and shall otherwise clearly advise CBIT that the Client wishes to maintain legal privilege in respect thereof.

E-mail Communication
The Client recognises and accepts the risks associated with communicating by Internet e-mail, including (but without limitation) the lack of security, unreliability of delivery and possible loss of confidentiality and privilege. Unless the Client requests in writing that CBIT does not communicate by Internet e-mail, the Client assumes all responsibility or liability in respect of risk associated with its use.

Taxes/Billing/Expenses/Fees
All fees and other charges do not include any applicable federal, state, or other goods and services or sales taxes, or any other taxes or duties whether presently in force or imposed in the future. Any such taxes or duties shall be assumed and paid by the Client without deduction from the fees and charges hereunder.

Bills, including, without limitation, a charge on account of all reasonable expenses, including travel, meals, accommodations, long distance, telecommunications, photocopying, delivery, postage, clerical assistance and database research will be rendered on a regular basis as the engagement progresses.  Accounts are due when rendered.

The Client hereby acknowledges that, should any amount not be paid in full by the due date, the entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The Customer agrees that interest of 5% p.a. on overdue balances may be charged to the Customer’s account at the discretion of CBIT.

In the event of CBIT instructing its solicitors to collect an overdue amount all legal lees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges, there-after to interest and finally to capital.

The Client hereby consents to the jurisdiction of the laws of The Australian Capital Territory for all actions which may be instituted against it for the recovery of any amounts owing to CBIT.

The Signatory/ies hereby binds himself/themselves jointly and severally as surety and co-principal debtor/s in with the Client unto and in favour of CBIT, its order or assigns, for payment of any amount which is now due or owing by the Client to CBIT.

Without limiting its rights or remedies, CBIT shall have the right to halt or terminate entirely its services until payment is received on past due invoices.

Termination of Engagement
In the event that either party wishes to terminate this engagement, they are required to advise the other party in writing. Once written notification has been served, no further hours will be charged. All fees incurred prior to the notification will become immediately due.

PRODUCT SALE” & “PER INCIDENT SERVICE” TERMS & CONDITIONS

Terms and Conditions

PLEASE READ THESE “PRODUCT SALE” & “PER INCIDENT SERVICE” TERMS & CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE AGREEING AND ACCEPTING A CBIT QUOTE, AND/OR ISSUING A PURCHASE ORDER.  ACCEPTING A CBIT QUOTE AND/OR ISSUING A PURCHASE ORDER INDICATES YOUR ACKNOWLEDGEMENT THAT YOU (“CUSTOMER”) HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND TO ITS TERMS.

All sales of Product by CBIT Pty Limited (ABN: 16 107 115 846) are concluded on the undermentioned
PRODUCT SALE TERMS AND CONDITIONS

• CBIT Pty Limited will be known as “CBIT” in these Terms and Conditions of Sale.
• Payment terms for Products are strictly Cash on Delivery.
• Credit limits (if granted) may not be exceeded without the written prior consent of CBIT.
• Products returned will only be credited in full to the Customer’s account if returned in the same condition as delivered by CBIT to the Customer Initially, unused and in its original packaging, and if returned and received by CBIT within 7 days from the Initial delivery.
• Products returned will attract a 20% re-stocking fee.
• Shipping and handling costs will not be refunded.
• No Product is acceptable for refund from CBIT.  Repairs, replacements, refunds and warranty are at the sole discretion of the Manufacturer of said Product.
• The Customer hereby acknowledges that, should any amount not be paid in full by the due date, the entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The Customer agrees that interest of 0.0274% per day on overdue balances may be charged to the Customer’s account at the discretion of CBIT.
• In the event of CBIT instructing its solicitors to collect an overdue amount all legal lees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges, there-after to interest and finally to capital.
• The Customer hereby consents to the jurisdiction of the laws of The Australian Capital Territory for all actions which may be instituted against it for the recovery of any amounts owing to CBIT.
• The Signatory/ies hereby binds himself/themselves jointly and severally as surety and co-principal debtor/s in with the Customer unto and in favour CBIT, its order or assigns, for payment of any amount which is now due or owing by the Customer to CBIT.
• (a) Product supplied by CBIT to the Customer will be at the Customer’s risk upon delivery to the Customer or into the Customer’s custody (whichever the sooner), and the Customer must insure the Product thereafter against such risks as CBIT reasonably requires.
• (b) Ownership of the Product supplied by CBIT will not pass to the Customer and will remain with CBIT until such time as the Product the subject of the Contract and all other Products supplied by CBIT to the Customer and all debts owing by the Customer to CBIT from any other cause, have been paid in full.
• (c) Until such time as all Products have been paid in full or any other monies due to CBIT have been paid in full, CBIT authorises The Customer to sell the Product as fiduciary agent for CBIT in the ordinary course of its business. The Customer must not represent to any third party that it is acting for CBIT and CBIT will not be bound by any contracts with third parties to which the Customer is party. The Customer in holding the Product will act as CBIT’s fiduciary agent and bailee. The proceeds of the sale of the Product by the Customer must be paid into a separate account and held in trust for CBIT. The Customer must forthwith make payment to CBIT from the account of all amounts which may be owing by the Customer to CBIT from time to time.
• (d) Until such time as the Product has been paid for in full and all other debts discharged by the Customer, the Customer must store the Product in such a manner as to show clearly that it is the property of CBIT.
• (e) The Customer irrevocably agrees and undertakes that CBIT (its servants or agents) will have the right forthwith (and without prejudice to any other rights CBIT may have pursuant to these Terms and Conditions or at law or in equity) without notice or demand to immediately enter upon the Customer’s premises and retake possession and remove the Product in the possession of the Customer or wheresoever situated.

• Notwithstanding 9(a), 9(b), 9(c) and 9(e) above.  The risk of any loss or damage to or any deterioration in Product from whatever cause shall pass to the Customer at the time of delivery.
• The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force unless to writing and signed by both CBIT and the Customer. No representations have been made by CBIT of on its behalf which have induced the Customer to enter into this Agreement
• No relaxation or indulgence granted by CBIT to the Customer shall be deemed as a waiver of any rights of CBIT in terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.
• CBIT shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the Product whether patent or latent, and the Customer indemnifies CBIT against any claims made against it by any third party arising out of any such defects.

PER INCIDENT SERVICE TERMS AND CONDITIONS

1. Authorisation
This Agreement sets forth the terms and conditions under which Customer has authorised CBIT Pty Limited (hereinforth “CBIT”) to perform diagnostic, repair and/or other services (collectively, “Services”) on Customer’s hardware and/or network device, including but not limited to all hardware, software, disk drives, data storage devises, digital content, memory, CPU, power supply, video cards, network interfaces, ports, routers, network hubs or switches, cables, and monitors associated with it (collectively, the “System”), in order to resolve, or attempt to resolve, computer,  network or internet access related problems or technical support issues. Customer represents that he or she is at least eighteen (18) years old and is the legal owner of the System delivered for Services or is authorized by the legal owner of the System to enter into this Agreement.  The Customer`s request that CBIT perform the Services constitutes his or her acceptance of these Terms and Conditions and agreement to pay for the Services.

2. Estimate of Charges
Any estimate of anticipated charges for Services provided prior to or during the course of the work is our best estimate of the effort that will be required to complete the services based on the information available at the time. Under no circumstances shall this estimate be deemed a maximum fee or fixed price. It is not a quotation, and it is subject to change. If your instructions and/or requirements do alter, or if more information comes to light that changes the scope of work, we will furnish you with a further estimate.  CBIT reserves the right to deny, or withdraw from, any individual or group, the use of CBIT services without explanation or cause, and to refund any associated charges paid for the relevant service.

2. Customer: As used herein “Customer” refers to an end-user CBIT customer who purchases the Services directly from CBIT.

3. Charges: Customer will pay for the Services at the time of purchase and prior to any Services being delivered. Customer will pay all applicable taxes. CBIT will provide in-house and/or on-site Services at CBIT’s standard or pre-negotiated fee.  CBIT DOES NOT PERFORM IN-HOUSE OR ON-SITE SERVICES WITHOUT CHARGE, IN OR OUT OF WARRANTY.               

The Customer hereby acknowledges that, should any amount (if not already pre-paid) not be paid in full by the due date, the entire balance then outstanding shall immediately become due and payable without any notice of whatsoever nature. The Customer agrees that interest of 0.0274% per day on overdue balances may be charged to the Customer’s account at the discretion of CBIT.
In the event of CBIT instructing its solicitors to collect an overdue amount all legal lees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges, there-after to interest and finally to capital.
The Customer hereby consents to the jurisdiction of the laws of The Australian Capital Territory for all actions which may be instituted against it for the recovery of any amounts owing to CBIT.

4. Backup:
The customer understands and agrees that prior to delivering the System to CBIT for the performance of diagnostic, repair, or other services, it is Customer’s responsibility to back-up all data, software, information and other files stored on the System, including its data storage devices.  CBIT shall not be responsible under any circumstance for any loss or corruption of data and/or software stored on the System, and Customer understands and acknowledges that CBIT performance of Services may result in damage to, or removal or destruction of, data stored on the System, including, but not limited to, configuration, archives, files, programs, documents, pictures or any other information stored on the System (collectively, “Data”). In no event shall CBIT be responsible or liable for any loss of Data, restoration of Data, Data back-ups, or backup media as a result of any loss of or damage to or alteration of Data that may occur while the System is in CBIT’s possession or control.  Customer authorises CBIT to reformat any System storage device, including any System hard drive if, in the judgment of the person or persons performing the Services, such reformatting is necessary.

4. Eligible Products: The Service applies to CBIT-qualified third-party hardware, and software. To be eligible for Services, the hardware product must be currently supported by the Manufacturer and in working condition.  The Software product must be licensed and currently supported by the Software vendor.

5. Service Warranty: CBIT warrants its Services for a period of 30 days.  The Customer is responsible for letting CBIT know in writing if the Service was not successful or complete. CBIT will, at its discretion send an installation technician to the Customer site to resolve any outstanding issue regarding the Service.  If the issue cannot be resolved CBIT may offer a credit or discount on the Service Charge paid for the Service. This warranty is provided to the original purchaser of the Service and applies only to work performed during the original Service event.  Any unapproved modification of system software or computer hardware that affects installation of the Server or PC or Network will void all warranties. Under this Service CBIT may provide assistance with installation and/or configuration of third- party hardware or software products, however, CBIT does not warranty that third-party hardware or software installation will be successful in every case. The customer may be required to contact the third-party hardware or software vendor to ensure compatibility. Labour required as a result of any one or more of the following causes are excluded from this warranty and, if provided by CBIT, shall be billed to Customer at CBIT’s standard rates.

–  Customer misuse of any System equipment
–  Installation of software upgrades or revisions
–  Viruses, spyware, or other malicious software
–  Accident, neglect, or abuse
–  Environmental conditions, lightning, or failure or fluctuation of electrical power;
– Use of the System equipment in a manner for which it was not intended or   designed;
– and failure to follow the manufacturer’s recommendations regarding use of the equipment.

Hardware Warranty:  Please refer to the individual warranty provided by the Manufacturer of the Hardware Product.  Defective Products and accessories/devices purchased with the system are covered by the Manufacturer of those Products.  For example, if your hard-drive fails in use, you may call CBIT onsite or bring the device into CBIT’s workshop for diagnosis.  If it is determined the hard-drive is in need of repair or replacement, the Manufacturer of the Product takes responsibility of its coverage as stated on the Manufacturer’s warranty statement or policy.  CBIT can be of assistance in shipment of the Product and, if available, we may rent you a similar device at prevailing Service rates, for the period you are without the defective product, subject to availability.  Customer is responsible for all shipping and handling charges unless otherwise stated.

CBIT shall not be liable to the Customer or any other person or entity for any hardware failure that occurs during, or as a result of, Services provided.  Customer understands and acknowledges that cleaning, rescuing or repairing the System provides no assurance that the System could not become infected (or re-infected), hacked or otherwise compromised at a later date.

Software Warranty:  Warranty for Software operating systems (Windows Server 2008, 2012, XP, Vista, Windows7, Windows8, Windows10 etc.), and any other Application software included with the system is provided by the manufacturer.  The software is tested in good operating condition upon completion of system assembly. CBIT does not warranty software related problems including: Software re-installation & re-configuration, Viruses, Spyware, Malware, Passwords and Data Loss. CBIT will not be liable for the presence on the System of any unlawful material or any material that infringes upon any copyright or other intellectual property right of any third party.  CBIT will provide assistance, if requested, with software related problems at CBIT’s standard labour fees.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, CBIT PTY LIMITED SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD.

6. Limitations of Liability and Remedies: For any breach of Service or these terms and conditions by CBIT, Customer’s remedy and CBIT’s liability will be limited to a refund of the service charge paid for the Service. CBIT will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. To the extent CBIT is held legally liable to the Customer, CBIT liability is limited to a maximum of the service charge paid by customer for this service for the product at issue.

THE REMEDIES PROVIDED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL CBIT, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.

7. Timeliness of Action:
In no event will any cause of action be brought against CBIT more than one (1) month from the date the cause of action has accrued.

8. Limitations of Service:                     
The Service does not include highly specialised work such as structured cable/wiring, customised software or customised hardware installation or configuration, complex data migration/transfer, or customised configurations for customer’s desktop, icons, folders, workflow etc.

9. Non-CBIT Qualified Products:          
CBIT and its Authorised Representatives are not liable for the performance or non-performance of third-party vendors, their products, or their support services.

10. Customer Responsibilities:

• Customer is responsible for ensuring the Hardware Product is in working condition at time of Service. Customer is responsible to ensure internet access is active and available at time of Service. Customer must ensure all operating systems and/or ISP passwords, system discs and key codes are available at time of Service.
• Customer is responsible to ensure a person at least 18 years of age is present during the entire time period Services are provided.
• Customer is responsible for the security and safety of its proprietary and confidential information and for maintaining a procedure external to the hardware products for reconstruction of lost, or altered files, data, or programs. CBIT, or CBIT Authorised Representatives shall not be responsible at any time for data loss, alteration, or corruption of any software, data or files.
• Customer must notify CBIT if any hardware products serviced are being used in an environment that poses a potential health hazard to CBIT employees or subcontractors. CBIT may decline to perform Services in such circumstances and return all charges paid.
• Customer is responsible to ensure that applicable software complies with license and copyright requirements and along with peripheral hardware that is compatible with computer configuration.
• Customer must schedule an appointment for the Service within 1 year of the Service purchase.
• Customer must ensure the CBIT Authorised Representative has:
  • Customer’s consent and cooperation to enter your premises.
  • A safe working environment and work space.
  • Access to the location of the computer and relevant peripherals and software.
  • Access to electrical power.
• Customer must provide CBIT or CBIT Authorised Representatives notice on any customer initiated cancellation or rescheduling of Service prior to 24 hours before the initial scheduled time and date. There may be limited availability of appointment dates and time for rescheduled Service events. CBIT may change or delay Service appointments due to parts or technician availability, weather related instances, or unforeseen physical or logistic issues.

12. Force Majeure: If CBIT or its Authorised Representative‘s ability to provide services is  impaired by circumstances beyond the control of CBIT or its Authorised Representative, including but not limited to road or traffic conditions, weather, natural disasters, strikes, or other causes, CBIT or its Authorised Representative may choose not to provide services.

13. Transfer of Service: This Service is not transferable. The Service can only be rendered on the Hardware and/or Software Product and or registered to the Customer at the time the installation appointment is scheduled.

14. Entire Service: These Terms and Conditions constitute the entire understanding between the parties relating to the provision of this Service and will supersede any previous communication, representation or agreement whether oral or written. Customer’s additional or different terms and conditions will not apply. Customer’s acceptance of these Terms and Conditions is deemed to occur upon Customer’s purchase of Service. No change of any of these terms and conditions will be valid unless in writing signed by an Authorised Representative of each party. If any provision of this Service, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Terms and Conditions shall nevertheless remain in full force and effect.