TERMS AND CONDITIONS
AARDVARK FORENSICS LTD
All goods and services provided by Aardvark Forensics Ltd to any customer shall be governed by this Agreement.
In consideration of the foregoing and otherwise, it is agreed that:
1. The Engagement.
The Customer engages Aardvark Forensics Ltd to provide computer forensic and/or other consultancy services.
For these services, the Customer agrees to pay Aardvark Forensics Ltd all sums identified and authorised by the Customer under this Agreement.
All sums payable under this Agreement, unless otherwise stated, are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition.
Terms are 30 days net. Aardvark Forensics Ltd reserves the right to invoke interest on unpaid debts in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
The Customer agrees that Aardvark Forensics Ltd may use any information or data supplied with or stored in any equipment (the "Customer Information") for the purpose of fulfilling the Engagement, but Aardvark Forensics Ltd will otherwise hold the Customer Information in the strictest confidence. However, subject to whatever patent or other rights may exist at the time, the foregoing confidentiality obligations shall not apply to any information: (i) which at the time of disclosure is published or is otherwise in the public domain; (ii) which after disclosure becomes part of the public domain otherwise than through a breach of confidence or confidentiality, (iii) which was known to Aardvark Forensics Ltd prior to receipt from the Customer.
4. Disclaimer of all warranties.
Aardvark Forensics Ltd makes no warranties or conditions for any goods or services, express, implied, statutory or in any communication with the Customer. Aardvark Forensics Ltd specifically disclaims any implied warranty of merchantability, performance or fitness for a particular purpose.
5. Limitation of liability.
In no event will Aardvark Forensics Ltd be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including without limitation damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the engagement.
In no event will Aardvark Forensics Ltd be liable for any damages based upon any claim of liability from the customer or from any third party, directly or indirectly, that the equipment or any data was damaged, altered or rendered unusable; and customer will defend and indemnify Aardvark Forensics Ltd in respect of any damages or expenses that may occur (including reasonable legal fees and costs incurred), and pay any costs, damages or legal fees and costs incurred awarded against Aardvark Forensics Ltd resulting from such a claim.
7. Limitation of Damages.
The parties agree, notwithstanding any other provision of this Agreement to the contrary, that the total liability of Aardvark Forensics Ltd to the Customer under this Agreement shall in no event exceed the total sums paid by the Customer to Aardvark Forensics Ltd under this Agreement.
In the event any provision of this Agreement is declared by a judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any relevant competent authority, the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or at the discretion of Aardvark Forensics Ltd it may be severed from this Agreement.
The Customer acknowledges that this Agreement contains the whole Agreement between the parties and it has not relied upon any oral or written representations made to it by Aardvark Forensics Ltd or its employees or agents.
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 to this Agreement.
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.