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- Services. When the Customer notifies HTI that they desires computer forensic/ data recovery services, it shall provide HTI with the specific information it desires to obtain. HTI shall make reasonable attempts to locate the desired information. The Customer shall provide HTI with the necessary information and access to the necessary equipment and software to complete the project. HTI makes no representation or warranty as to the completeness or accuracy of any information provided by the Customer and makes no warranties nor representations guarantying the desired information shall be recovered.
- Confidentiality. All information exchanged between the Customer and HTI, including the identity of any parties or information subject to investigation, shall be confidential and not disclosed to anyone except the undersigned or the Customer's Board of Directors. Additional access to this information can be authorized only by the undersigned or Board of Directors. This authorizatation will be obtained both in writing and verbally. Our confidentiality obligations will not apply to any information that enters the public domain through no fault of HTI, or which was disclosed to HTI by a third party (other than employees or agents of either party).
- Customer's Responsibilities. The Customer is responsible for determining the acceptability of and the scope of the work to be completed. HTI shall not be responsible or liable in any manner for any technical malfunctions which may destroy information if it is due to the technical systems belonging to The Customer. The Customer further agrees to release and indemnify, protect, defend, and hold HTI, its successors and assigns and their respective officers, directors, partners, shareholders, agents and employees, harmless from and against any and all loss, cost, claim, suit, damage, liability, and expense (including reasonable attorneys fees, penalties and fines), whether express or implied, arising out of or in the course of any services or work performed by HTI (collectively a "Claim").
- Customer's Representation and Idemnification . The Customer warrants to HTI that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to HTI; and the Customer will defend, at its expense, indemnify, and hold HTI and its suppliers harmless against any damages or expenses that may occur (including reasonable attorney's fees), and pay any cost, damages, or attorneys' fees awarded against HTI resulting from Customer's breach of this section.
- Compensation. Unless otherwise agreed to in advance by HTI, the Customer acknowledges that payment is due no later than 10 days after billing and a service charge of 1-1/2% per month is charged on all amounts 30 or more days past due. While there is an outstanding balance, the Customer grants HTI a security interest in and to the equipment/data/media to secure the payment of the charges incurred hereunder. Unless otherwise agreed to, any items which have not been claimed and paid for within ninety (30) days after the completion of work will be considered abandoned by the Customer and may be disposed of at the sole discretion of HTI. HTI accepts MasterCard, Visa, Discover, Cashiers Checks, Business Checks, and Money Orders.
- Acknowledgment of Preexisting Conditions. The Customer acknowledges that the equipment/data/media may be damaged prior to HTI receipt, and the Customer further acknowledges that the efforts of HTI and /or its suppliers to complete the engagement may result in the destruction of or further damage to the aforementioned equipment/data/media. HTI and it suppliers regrets that it will not assume responsibility for additional damage that may occur to the customer's equipment/data/media during HTI's efforts to complete the engagement. HTI will take reasonable precautions to prevent any damage, and will obtain verbal and/or written permission before any operation is started that could knowingly alter the current condition of equipment/data/media.
- Uncontrollable Circumstances . Either party's performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or make impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) may be promptly made.
- Professional Liability Insurance. The Customer hereby acknowledges that HTI does not maintain liability insurance for the Customer's benefit.
- Termination. Either party may terminate this Agreement at any time.
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