1. Scope
We provide digital forensic examination, analysis, expert reporting, and where instructed, expert witness testimony. Scope is defined in writing for each matter. Work outside the agreed scope requires a written variation.
2. Authority to instruct
By instructing us you confirm you have lawful authority to do so and to provide the devices, accounts or data in question, or that the instruction is made under a court order, subpoena or other lawful authority.
3. Fees and payment
- Fixed-fee quotes are provided where practical; otherwise time-and-materials rates apply.
- Quotes are valid for 30 days unless stated otherwise. GST is added where applicable.
- Deposits may be required before work commences.
- Invoices are payable within seven (7) days of issue. Overdue accounts may attract interest at 2% above the RBA cash rate.
4. Independence
Where we are retained as an expert witness, our duty is to the Court, not the engaging party. See our Expert Witness Independence Statement.
5. Confidentiality
All matter information is treated as confidential and used only for the engagement, except where disclosure is required by law or compelled by a court.
6. Limits of work
- We do not bypass passwords, accounts or device security without lawful authority.
- We do not unlock physically damaged phones.
- We do not guarantee that deleted data can be recovered.
- Results are limited by the data, devices, encryption and time available.
7. Liability
To the extent permitted by law, our total liability arising out of or in connection with an engagement is capped at the fees paid for that engagement. We are not liable for indirect or consequential loss. Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded.
8. Termination
Either party may terminate an engagement in writing. Fees for work performed up to termination remain payable. We will return or destroy data in accordance with our Data Retention and Destruction Policy.
9. Governing law
These terms are governed by the laws of Queensland, Australia. The courts of Queensland have non-exclusive jurisdiction.