Terms and Conditions – June 2023
Our Work (any combination of provision of services, advice and technology that is undertaken by Us and that We provide for You) is undertaken solely for the purpose for which We are engaged by You and any work produced is intended only for the designated recipient.
Our Work should not be used for any other purpose and We accept no responsibility for any loss or damage arising from use inconsistent with the stated purpose.
Our engagement is not intended to obtain any specific results other than to identify factual findings or extract responsive data through Our online collection and processing of the Electronically Stored Information (ESI), and when providing expert opinion, to answer the specific questions for which Our expert opinion is sought. In providing this information no representation or warranty is made with respect to the veracity of the underlying data. The activities undertaken pursuant to this engagement are based on information discovered and the veracity of that data is the sole responsibility of individuals contributing to and persons or entities who manage those data sources.
While We may identify material as being potentially responsive or relevant to Your matter, nothing in Our work constitutes a legal opinion. We take no responsibility for any decisions made which are influenced directly or indirectly by Our work
Our work does not constitute any form of audit, review or accreditation and as such is not required to, and does not adhere to any formal standards or guidelines, unless otherwise agreed.
No Guarantee or Warranty – Conditions of Payment
Our engagement and fees are not contingent on the outcome of Our Work or of any other investigation, legal or other proceedings and payment shall not be conditioned on any particular conclusion, result or disposition.
We do not warrant or predict the outcome of Our Work or any such matters. You are responsible for payment without exceptions for sums under this account at the conclusion of Our Work or periodically as agreed, in accordance with the payment terms agreed to herein, or in any written and agreed upon amendment to this document.
Investigations including Social Media and Online Evidence collection efforts may or may not (produce) find material responsive to the search terms you provide. Many factors influence the effectiveness of social media collection efforts. Collection effectiveness may be improved by Your research and preparation when You are briefing us. A properly conducted search may not result in the acquisition any relevant data. Evidence of Our search rigour may be provided upon request.
Lawful Activity – Your Direction
You accept responsibility for all collections performed at Your direction. Collection activity will be conducted in accordance with ethical and legal standards governing online and social media data and data acquisition.
You warrant that You are lawfully entitled to use any account credentials, access any devices or data storage You direct us to (supply to Us) or used to operate our facility for Your matter. The data collection services identified herein will not include any collection of data using false, falsely or illegally obtained credentials.
We assume that any information provided to Us during this engagement is true and correct. Unless otherwise agreed, We will not undertake any form of review or audit to ascertain the completeness or accuracy of information provided to Us and We accept no responsibility for any errors or omissions that such information may contain. Should You identify any such errors or omissions, You should discuss these with Us as soon as possible.
We assume that all instructions You provide to Us, including for the collection, analysis and reporting of electronic data, comply with all relevant legislation or governing statutes, ordinances or court rules, including but not limited to the NSW Workplace Surveillance Act 2005.
Collections are provided using the credentials for social media sites and other online access that You provide or specify other than for information which is available to without any specific credentials or connection. Credentials we may require include usernames, passwords and answers to secret questions and answers for account operation. You assume responsibility for any credentials provided and authorise Us to use the credentials for the duration of Our engagement and assume responsibility for changing the credentials – particularly passwords, at the conclusion of the engagement. If you receive SMS or other communications in relation to our use of the account credentials supplied for Your matter, You will authorise the use of such credentials as are required for the performance or the matter.
Any investigations performed by Us for You in relation to collection of information about third parties without consent may require a license or other forms of registration, appointment or accreditation. Where this is the case these are performed by Our properly licensed staff or contractors.
We will not agree to any proposals from customers to employ unethical methods to collect information such as false-friending, pretexting or using constructed or fictitious identities.
Where You breach any law with the benefit of any material, service or technology We provide You agree to compensate Us or otherwise indemnify and hold Us harmless for any losses or damages, direct or indirect, including attorneys’ fees and court costs, that We incur in relation to Your matter.
We will not hand over Your matter’s data, except as directed under law by any court or appropriate legal authority, without notifying You first unless we are prohibited from notifying You by law.
You agree not to pass on details of Our operations including Our processes and technology to any other party and agree that a key part of the value of Our operation is the confidentiality and security We provide Our clients and acknowledge that transmission of Our methods or configuration is likely to cause Us harm or damage and that We will have rights against You for compensation.
The independence of ConsilAD is important to Us and as such, We do not accept any restrictions from offering or providing any services to other parties in the future as a result of accepting this engagement.
Data retention and protection
We agree to retain case data for 90 days unless otherwise agreed. We do not guarantee retention beyond that period. If you require Us to retain data beyond that period additional charges for hosting will apply.
While We may securely and indefinitely retain copies of data acquired on this engagement, We accept no responsibility and provide no warranties for maintaining this data or making it available at any point in the future. You need to advise Us if You require Us to either maintain or securely destroy any material following the completion of this engagement. This is important to express to Us at the outset of Your engagement as expunging Your data from Our system backup and archive data is expensive and may take considerable time and effort, for which You will be charged.
While We take reasonable steps to protect computer systems, media and data from loss or damage, We accept no responsibility for such events occurring during this engagement or for the cost to third parties of recovering from such events.
You acknowledge that social media collection tools collect a wide variety of content that may include viruses and other malware. We maintain up to date anti-virus and other protection software, but do not warrant that collections will be free of viruses, bots and malware. We encourage all of Our customers to scan collections before copying them into their storage or operational environments.
We retain the right to use anonymised data for research purposes.
You acknowledge that material collected from social media and other online repositories may contain offensive, unsavory, unpleasant and potentially illegal or distressing content or material including nudity, pornography and hate speech and that this material is beyond Our control and We do not filter or edit any material collected. In reviewing any material collected by us You acknowledge and hold Us harmless. You are hereby warned that You and Your agents including employees or other users of that data may be exposed to such unfiltered material.
Intellectual property rights
We retain sole ownership of any intellectual property, including but not limited to designs, procedures, research findings, software, products or systems developed through the course of Our engagement with You.
Our Work involves the collection of data placed online or in social media by third parties. No warranty is made as to the truth or accuracy of data collected in Our Work. Any dissemination of data collected and provided pursuant to this engagement is the sole and exclusive responsibility of the person or entity commissioning this work.
Indemnity and Hold Harmless
The use if Our Work, including any dissemination thereof, is the sole and exclusive responsibility of the person or entity commissioning it. That person or entity hereby agrees to indemnify and hold Us harmless for any third-party claim made in connection with the use of Our Work. This indemnity and hold harmless agreement shall include any and all costs including damages and attorneys’ fees incurred as the result of any third party claim.
You agree to indemnify Us for any costs incurred in responding to enquiries related to Your use of Our facilities or Our Work. For clarity, this is includes but is not limited to to costs incurred by Us in relation to production orders issued by courts or lawful / competent authorities. You agree for Us to charge You for any costs incurred by Us where we are compelled to respond to orders or investigations, including for Our time if We are compelled to attend court or interviews with any lawful / competent authorities. You agree to pay any costs are not limited to time, materials, hardware, software, travel, subsistence and accommodation which will be applied at Our prevailing commercial rates and company’s business-class travel policy.
Payment Terms are strictly 10 days unless otherwise specified in our invoices.
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