TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client”) and Loehrs Forensics (“Consultant”), concerning solely the professional services available for booking on LoehrsForensics.com (the "Site") requested as well as any related written or verbal or documentation (collectively, the “Service”).
You agree that by purchasing the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from purchasing the Service.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms and Conditions are posted.
The information provided through the Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
I. INITIAL RETAINER
To cover the cost of anticipated forensic services and expenses associated with this matter, an advanced fee (the “retainer”) is required before commencing work. The retainer is paid in consideration of the following professional services:
(a.) Permission to use Consultant's name or in any other way indicate, formally or informally, that Loehrs Forensics is a consultant on Client's side of the matter.
(b.) Administrative and evidence-handling fees.
(c.) Evidence handling by trained and certified professionals using industry standard tools to perform the Service.
(d.) Preparation of essential documentary evidence to authenticate the data.
(e.) All expenses incurred, as outlined later in this agreement, will be billed against the retainer.
The retainer does not include:
(f.) Analysis of the data as it relates to the facts or circumstances of the matter.
(g.) Consultation with Client to explain or opine on the data preserved and produced.
(h.) Preparation of a written report detailing expert opinions regarding the evidence.
(i.) Court appearances, including but not limited to, hearings, depositions, trials, and sentencings.
(j.) Maintaining the evidence in Loehrs Forensics' evidence safe.
(j.) The retainer is not a “flat-fee” agreement and does not necessarily encompass all work performed throughout the duration of the matter. If additional services are requested by Client that are expected to exceed the retainer, Consultant agrees to advise Client prior to commencing those services.
The following reasonable expenses incurred during Consultant’s involvement in the matters are included in the cost of the initial retainer:
(a.) Domestic shipping and handling of evidence received and relinquished by Consultant.
(b.) Hardware purchased, including derivative evidence drives generated from the Service.
Client will be responsible for excessive costs including expedited shipping, foreign shipping, and additional copies of the production.
III. SHIPPING AND FULLFILLMENT POLICY
Original devices and the production generated through the Service can be made available in one of two ways:
(a.) Local Pickup - the device and data production can be made available upon request for in-store pickup Monday through Friday from 9:00am to 5:00pm. A representative from Loehrs Forensics will contact you by phone and/or email to schedule a pickup.
(b.) Shipping - the device and data production will be shipped via FedEx Express to domestic addresses within 24 hours of processing completion. Expedited and foreign shipping is available upon request and at the Client's expense.
For Client's opting for convenient shipping options to deliver the device, follow these tips to properly and safely ship the device:
1. Put your device in an antistatic bag or ziplock bag and seal it.
2. Wrap your device with an adequate amount of bubble wrap or substitute padding, about 2-5 inches for most types of devices.
3. Seal the sides of bubble wrap with strong tape.
4. Put your device into a sturdy cardboard box and make sure it’s tightly packed. Your media should not be able to move around during shipment.
5. Securely apply tape to seal the box as well as placing your prepaid overnight shipping label that you received with your service order confirmation on the top of the box.
III. SCOPE OF WORK
Consultant’s goal is to provide Client with an accurate and admissible representation of data that resides on the digital evidence deemed relevant to the matter and provided to Consultant. The scope of work is limited to the collection, recovery, preservation, and production of digital evidence as defined by Client. All work is conducted using industry standard and forensically sound tools and procedures by qualified personnel employed by Loehrs Forensics, LLC.
(a.) Time constraints, encryption, damage, legal or government restrictions, and other impositions beyond Consultant’s control may affect the ability to perform the scope of work. All attempts will be made to perform the scope of work to the best of Consultant’s ability.
IV. FORENSIC SERVICES
The success of Consultant’s Service in this matter relies on the availability of the evidence and necessary forensic tools. The evidence in each matter is different, and the manner in which that evidence is made available to Consultant is determined by the individual or agency in possession and control of that evidence.
(a.) Evidence may be provided for Consultant’s review in one of two forms:
(1.) Original evidence: If original evidence is provided to Consultant, standard forensic images will be created to preserve the integrity of the evidence and will be relinquished to. The cost of acquiring the evidence will be billed against the retainer. Consultant will make every effort to return all original evidence in a timely manner upon the completion of the preservation process.
(2.) Derivative evidence: bit-for-bit forensic images of the original evidence and/or data extracted from the forensic images or original evidence.
(b.) Consultant will provide any and all forensic software, hardware, and necessary equipment in conjunction with the Service requested.
(c.) All services will be conducted exclusively at the Loehrs Forensics laboratory in Phoenix, Arizona. Professional services do not include on-site acquisition or data production at any third-party location (e.g. law enforcement facility
(d.) The Service will be conducted by qualified forensics examiners employed by Loehrs Forensics, LLC.
(e.) Should 90 days lapse without any communication between Consultant and Client, Consultant may relinquish or destroy any evidence being maintained by Consultant absent a court order instructing otherwise.
Consultant agrees to take all commercially reasonable steps to protect the confidentiality of information in or on electronic data and media made available or furnished for preservation. Consultant will use the information only for the purpose of fulfilling this agreement, and will otherwise hold the information in the strictest confidence.
(a.) Consultant agrees to retain all non-public information obtained from Client as confidential and agrees not to release or discuss any such information unless Consultant has obtained the prior written consent of Client, or is otherwise forced, compelled, or required to disclose this information by operation of law or applicable government authority.
(b.) If, during the course of this engagement, Consultant finds within any electronic data or media evidence of child exploitation material (i.e. child pornography) or of a credible threat of physical harm to any person not previously identified by law enforcement and/or protected under a court order, Consultant is obligated to immediately bring such matters to the attention of law enforcement authorities and states that no assertion of privilege, confidentiality, or breach of contract will be raised as a bar to such action.
Consultant will keep Client informed of the status of each stage of the Service. Likewise, it is imperative that Client keep Consultant accurately informed with respect to the status of the matter, additional discovery pertinent to Consultant’s role, and important events that may affect the progress and outcome of the matter.
There are many factors that affect scheduling and deadlines but Consultant will make every effort to meet Client’s needs. Upon receipt of the evidence in an accessible format, Consultant will make every effort to begin the Service within one business day and return the evidence upon completion. Exceptions include, but are not limited to, encrypted devices, damaged devices, or absence of the proper contact information for device owner. Upon completion of the forensic preservation or artifact extraction process, Consultant will make every effort to relinquish the essential documentary and original evidence within one business day.
Should a dispute arise between Consultant and Client regarding the work performed under this agreement or the payment of fees, the parties to this contract agree to arbitrate the dispute in Maricopa County, Arizona, U.S.A. with each party selecting an arbitrator and those two arbitrators selecting a third, neutral arbitrator. If they cannot agree to a neutral within 30 days, either party may request that selection of the neutral be made by a judge of the court having jurisdiction. Each party agrees to pay the fee of its own selected arbitrator and to equally share the fee charged by the neutral. Local rules of law as to evidence and arbitration procedures will apply. The decision of the arbitration panel shall be binding on the parties. The prevailing party shall be entitled to recover its reasonable attorney’s fees and all costs and expenses incurred during the arbitration process.
This agreement is effective from the date of signature and receipt of the retainer. This agreement may be terminated as follows:
(a.) Client may terminate this agreement for any reason, including resolution of matter, conflict of interest, or retention of a different consultant. Upon notification of termination of Consultant’s services by Client, Client agrees to immediately pay all fees and expenses incurred by Consultant up to the date of notice. The non-refundable retainer will not be refunded upon termination.
(b.) Consultant may terminate this Agreement if payments are not made within 60 days of the date billing is mailed to Client. This does not relieve Client in any way from payment for services rendered or expenses incurred.
(c.) Final disposition of the matter such as settlement, dismissal, plea agreement, acquittal, or sentencing will result in the termination of this agreement. Matters on appeal will require a new agreement if Consultant’s services are requested for the appellate process.
(d.) If 90 days pass without responsive communication from Client, despite efforts made by Consultant to contact, Consultant may terminate the agreement, and the non-refundable retainer already paid by Client shall not be returned to Client.
This document was last updated on November 4, 2021