Terms and conditions
The Engagement.
Customer engages Data Savers Ltd and/or its suppliers to: inspect, evaluate, and
identify the problem (if not already identified); and/or retrieve, or minimise the
damage to, the equipment/data/media; and/or provide other services as may be requested
by Customer from time to time.
Confidentiality.
Data Savers Ltd will use any Customer information contained in the data, media and/or
equipment provided to Data Savers Ltd by 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
Customer’s sole property, and Data Savers Ltd shall employ reasonable measures to
prevent the unauthorised use of such information, which measures shall not be less
than those measures employed by Data Savers Ltd in protecting its own confidential
information. Data Savers Ltd will not disclose confidential information except to
employees or consultants reasonably requiring such information (and who have secrecy
obligations to Data Savers Ltd) and not to any other party.
Data Savers Ltd will employ appropriate technical and organisational measures to
safeguard Customer personal data and will act only on the instruction of the Customer
with respect to Customer data. Data Savers Ltd is part of a worldwide organisation
and Customer hereby agrees to the transfer of Customer data to Data Savers Ltd affiliates
and suppliers worldwide as needed for the sole purpose of performing the engagement.
Payment.
Customer agrees to pay Data Savers Ltd all sums authorised from time to time by
Customer, which will typically include charges for Data Savers Ltd services, reasonable
travel and per diem expenses for on-site work, shipping and insurance (both ways),
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 Data Savers Ltd, all such sums are due
and payable in advance, by company check, bank wire transfer, or credit card.
Consent.
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 by Data Savers Ltd at the earliest possible opportunity,
and/or facsimile.
Acknowledgment of Existing Conditions.
Customer acknowledges that the equipment/data/media may be damaged prior to Data
Savers Ltd receipt, and Customer further acknowledges that the efforts of Data Savers
Ltd to complete the Engagement may result in the destruction of or further damage
to the equipment/data/media. Data Savers Ltd regrets that it will not assume responsibility
for additional damage that may occur to the Customer's equipment/data/media during
Data Savers Ltd efforts to complete the Engagement. NO WARRANTIES; DISCLAIMER OF
ALL WARRANTIES. Data Savers Ltd , MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS
FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH
CUSTOMER, AND DATA SAVERS LTD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF
DEALING OR PERFORMANCE.
Limitation of Liability; Limitation of Damages.
In no event will Data Savers Ltd be liable for any indirect damages whatsoever.
The total liability of Data Savers Ltd to Customer under this Agreement shall in
no event exceed the total sums paid by Customer to Data Savers Ltd.
Customer’s Representation and Indemnification.
Customer warrants to Data Savers Ltd that it is the owner of, and/or has the right
to be in possession of, all equipment/data/media furnished to Data Savers Ltd, 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; and Customer
will defend, at its expense, indemnify, and hold Data Savers Ltd harmless against
any damages or expenses that may occur (including reasonable attorneys’ fees), and
pay any cost, damages, or attorneys’ fees awarded against Data Savers Ltd resulting
from Customer’s breach of this section.
Miscellaneous.
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.
The parties agree that if any provision of this Agreement is held unenforceable,
the validity of the remaining portions or provisions of the Agreement shall not
be affected. Any revision or modification of this Agreement shall be effective only
if it refers to this Agreement, is in writing, and is signed by an authorised representative
of each party. Facsimile signatures for this Agreement and any subsequent exhibits
are effective to bind the signing party and admissible in any court and/or for any
lawful purpose.
This Agreement, together with any exhibits or other attachments, constitutes the
entire Agreement between the parties in relation to this subject matter. No provisions
in either party’s purchase orders, or in any other standard business forms employed
by either party will apply even if accepted by the other party.
Recent Milestones
Forensic software development
We have recently completed our new version of a bespoke forensic fingerprint program,
currently being tested in its final preparation for release to the industry.
New offices
A new affiliation has been completed which would pave the way for our sales team
to reach out to other overseas markets.