1. General
1.1 Within these terms and conditions references to “Backtrack”
are to “Backtrack Data” and “client” means any person,
company or any other party with whom Backtrack enters into any contract
whether directly or indirectly. “Confidential information” as
used herein shall mean, any electronic data, software, computer hardware
and firmware, supplied to Backtrack for the purpose of Data Recovery. “Contract”
means any contract entered into by Backtrack and the client. “Service” shall be taken to include, but shall not be limited to, the assessment and
recovery of electronic data from the hardware or firmware supplied by the
client.
1.2 Working days are defined as Monday to Friday excluding public holidays,
and working hours shall be defined as 08:30 to 18:00 at Backtrack premises.
1.3 All reasonable efforts to meet relevant response times by Backtrack
are not fundamental in nature to any contractual obligations.
1.4 If the clients' hardware has undergone a mechanical failure, then Backtrack shall not be liable for any responsibility for the hardware or confidential information once it has undergone inspection/recovery.
2. Arrangement of Contract
2.1 Backtrack will only commence work when a completed and signed authorisation
form has been received in writing.
2.2 Backtrack reserves the right to cancel the contract without any liability
to the client when, and shall not be limited to, the confidential information
appears to breach any related laws or regulations. The client shall withstand
any loss, costs, damages and/or charges incurred by Backtrack in respect
thereof.
2.3 Under the contract no other party shall have any rights or obligations.
Nor will the said party be at liberty to take legal action or become liable
for legal action.
3. Service and Completion
3.1 Subject to provisions of 3.1.1, all reasonable efforts shall be made
to meet the time of service and dispatch in accordance with the contract.
3.1.1 Backtrack shall not be liable for any failure or delay in the service
where any circumstances outside its reasonable control, but shall not be
limited to, industrial action, transport delays, fire, strikes, war, shortage
of supplies, lockouts, criminal acts, government action, extreme weather
conditions, accidents, or breakdown.
3.2 Backtrack only takes responsibility for the confidential information
of the client when received at Backtrack premises.
3.3 Responsibility for the confidential information of the client is passed
back to the client upon dispatch from the Backtrack premises.
3.4 Backtrack will, as default, return the confidential information via
Special Delivery: Royal Mail without extra insurance, unless otherwise instructed
and paid for by the Client.
4. No
Evaluation Fee
4.1 “No Evaluation Fee” refers to the process of evaluating
the recoverable confidential information in a report given to the client
without any cost to the client, except for those stated in 6.3.
4.2 “Report” means a list of all files considered recoverable
by Backtrack. |
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5. No
Recovery – No Fee
5.1 “No Recovery – No Fee” shall mean that the report
concludes that no files are recoverable, and therefore the client will incur
no other costs except for those stated in 6.3.
6. Payment
6.1 The recovery of the client’s confidential information will not
commence until payment in full has been received by Backtrack.
6.2 Although every effort will be made to recover confidential information
in a complete form, no warranty shall be given to the correctness of such
confidential information.
6.3 The client shall undertake the full responsibility for arranging and
paying for packaging and carriage of the client’s confidential information
to Backtrack and back to the client, unless otherwise agreed in writing.
6.4 Backtrack will not be liable for any loss of profits or business related
to the client, directly or indirectly.
7. Confidentiality
7.1 Backtrack agrees to return all of the clients confidential
information upon the request of the client.
7.2 Backtrack agrees to make no permanent copies of, or retain any, confidential
information supplied by the client outside of any contract term.
7.3 Subject to provisions of 7.4, confidential information will be kept
confidential and shall not be disclosed by Backtrack in any manner whatsoever,
in whole or in part. This confidential information shall not be used by
Backtrack for any other purpose than data recovery. Backtrack agrees to
transmit the confidential information only to those officers, employees,
agents and representatives of the client for the purpose of any contract,
and agree not to disclose the confidential information to any other party.
7.4 The provisions of 7.1 shall not apply to any confidential information
that Backtrack cannot confirm:
7.4.1 At any time was in the public domain or which afterwards became part
of the public domain through no violation of any contract between Backtrack
and the client.
7.4.2 At any time was lawfully acquired by Backtrack from others who had
full rights to disclose it to Backtrack.
7.5 The confidentiality statement obligations shall be deemed to relate
to the employees, contractors and ex-employees of Backtrack.
7.6 If Backtrack is legally compelled to disclose any part of the confidential
information, Backtrack may disclose such information without any liability
hereunder.
8. Provisions
8.1 If any term of this statement is held by any court of competent jurisdiction
to be invalid or unenforceable then this statement including all the remaining
terms, will remain in full force and effect as if such invalid or unenforceable
term had never been included.
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