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Digital Forensic Services Retainer Contract

Digital Forensic Services Retainer Contract

THIS CONTRACT is made and entered into by and between the client listed and signed below (hereinafter referred to as the “Client”) and Elite Digital Forensics (hereinafter referred to as the "Agency").

1. Contract Term

This agreement becomes effective upon execution by both parties and remains in effect until services are rendered, a final investigative report is delivered to the Client, or terminated by either party with 15 days' written notice.

2. Scope of Services

The Agency agrees to provide professional digital forensic services as requested by the Client. Specific services are selected by the client These services may include, but are not limited to:

  • Acquisition and analysis of digital evidence from devices or accounts.
  • Identification and documentation of relevant data as directed by the Client.
  • Preparation of reports summarizing findings in a clear and concise manner.
  • Technical consulting related to data analysis.

3. Fees and Payment Terms

  • Pricing is selected by the Client at checkout based on their specific device, package, and case needs. The Client will complete checkout and make payment on the website.
  • Payment Options:
    • Mailing a check to the Agency (card processing fees waived for check payments). If you wish to mail a check, do not pay on the website—contact us directly after submitting the contract.
    • Paying online via debit/credit card (includes a 3% card processing fee).
  • $15 return device shipping when a physical device is involved.

4. Terms and Conditions

  1. Ownership and Authority: The Client swears and affirms that they are the legal owner or lawful custodian of any cloud accounts, computers, cell phones, backup files, other devices, accounts, media, or digital evidence undergoing any forensic analysis and has the legal authority to authorize the investigation and full forensics of said devices/accounts.
  2. Refund Policy: A full refund will be provided upon request before any investigative work commences. No refunds will be issued once the investigation has officially begun, including any down payments or partial payments regardless of findings or disposition.
  3. Case Turnaround Time: Digital forensic & cyber investigations are nothing like on TV or CSI and can involve the analysis of hundreds of thousands of data points and files. They can take significant time depending on the volume of data, amount of evidence, and number of devices involved in the investigation. While the Agency aims for timely completion of your case (30 days), no specific end date can be guaranteed and can vary significantly based on numerous variables, including the number of devices, amount of data on each device, amount of cloud accounts, unforeseen technical issues, and delays from third-party providers like Google or iCloud.
  4. Shipping Liability: The Client agrees to indemnify the Agency against loss or damage to devices during shipping transit and will address any such issues with the shipping carrier. Returned devices are shipped via USPS Priority Mail with standard insurance and tracking.
  5. Legal Binding and Jurisdiction: This contract, governed by the laws of the State of Florida, constitutes a legally binding agreement for services. Given the remote and international scope of cyber forensic investigations which can be completed from anywhere in the world, this investigation initiated by this Agency is deemed to have started in Florida for legal purposes only.
  6. Data Privacy & Confidentiality: Clients understand that during a forensic investigation, the Agency’s investigators may need to access and review personal data such as text messages, chat logs, images, videos, internet history, location data, etc. All information is stored securely on an encrypted server and treated with the utmost confidentiality. The Agency will not share files or reports with anyone except the Client or their authorized representative. The Client acknowledges and affirms that there is no contraband or illegal material on the device.
  7. Service Quality Guarantees: The Agency will provide a complete and thorough investigation in accordance with the requested services and will provide a comprehensive final report. However, the Agency cannot guarantee or make any promise as to the success or specific outcomes of any investigation or deleted data recovery efforts.
  8. Service Quality and Personnel Assignment: The Agency guarantees that all forensic services will be delivered diligently, professionally, and in compliance with all relevant legal standards and industry best practices. The Agency retains sole discretion over personnel assignments and may assign employees, contractors, or subcontractors to complete case work.
  9. Deleted Data Recovery: While the Agency has a high success rate of recovering deleted data, no promises or guarantees can be made due to the dynamic nature of devices, operating systems, and deletion circumstances.
  10. Data Retention: Case-related data will be retained for 60 days after delivery of the final report. After this period, all files will be permanently deleted.
  11. Data Review Requirements: Cell phone and computer data is often voluminous and requires a capable Windows computer for proper review.
  12. Indemnification: The Client agrees to indemnify the Agency against any liabilities or damages arising from misuse or reliance on the forensic services provided. The Client also agrees to indemnify the Agency for any accidental data erasure or device resets caused during extraction attempts.
Client Info & Signatures