This agreement is made and entered into this ____day of 2006, by and between John Doe, CCE, of Anytown, Anystate, hereinafter called “Computer Forensic Examiner”, and Jim Smith, hereinafter called the “Client”.
Engagement and Scope of Work
Client hereby authorizes The Computer Forensic Examiner to provide the services described in Section 2 (Description of Services) and The Computer Forensic Examiner hereby agrees to provide these services in accordance with the terms of this agreement. The parties may amend or add to Section 2 at any time upon a mutually written agreement, and either party may terminate this agreement upon written notice at any time, provided, however, that any such termination shall not affect in any way Client’s obligation to pay for services rendered up to the date of such termination.
Description of Services
The client has requested these services.
The Client has requested that The Computer Forensic Examiner, conduct a full computer forensic exam on a hard drive. Additionally this computer hard drive is to be checked for signs of wiping or evidence removal, any additional financial accounts such as bank and credit cards. Any e-mail’s stored on this computer will also be of interest to the client.
It is estimated that XXX hours will be devoted to this process.
As agreed the Client will be contacted after the first XXX hours have been completed on this part of the exam to see if the Client wishes to continue with further processing of the case.
In the case of both services, The Computer Forensic Examiner will make forensically accurate copies of the original media. The Computer Forensic Examiner will be responsible for the originals until they are returned to the Client.
Fees and Expenses
All time expended in matters relating to this agreement will be billed to the Client. Client agrees to pay THE COMPUTER FORENSIC EXAMINER on an hourly basis for their services. Time is billed in 1/4-hour increments. THE COMPUTER FORENSIC EXAMINER services are billed to Client at a rate of $ XXX.XX per hour.
Client agrees to pay THE COMPUTER FORENSIC EXAMINER an initial retainer of $ XXX.XX before services will begin.
Client agrees to reimburse THE COMPUTER FORENSIC EXAMINER for all reasonable expenses related to providing the services outlined in section 2 (Description of Services) of this agreement.
In consideration for said payment, THE COMPUTER FORENSIC EXAMINER agrees to perform to the best of their abilities and to exhibit due diligence in the conduct of said services.
Depositions and other sworn testimony will be billed at the above rate with a six hour per calendar day minimum and must be paid for in advance.
Work involving travel outside of the Anytown City metro will be billed at the above rate with an eight hour per calendar day minimum and must be paid in advance.
Client also agrees to reimburse THE COMPUTER FORENSIC EXAMINER for reasonable expenses for travel outside of the Anytown City metro. For purposes of this agreement, “outside of the Anytown City metro” will be defined as a distance greater than 30 miles from Anytown, Anystate.
Work Product
This copyrightable works, ideas, discoveries, inventions, patents, products or other information (collectively the “Work Product”) discovered in whole or in part by THE COMPUTER FORENSIC EXAMINER in connection with the services will be the exclusive property of the Client. Client acknowledges and agrees that to the extent THE COMPUTER FORENSIC EXAMINER uses generalized or pre-existing work products (e.g., report templates or computer programs) in the course of performing the services outlined by this agreement, THE COMPUTER FORENSIC EXAMINER shall retain all ownership and title in and to all such work products.
Confidentiality
Unless otherwise required by law, Client and THE COMPUTER FORENSIC EXAMINER each expressly undertake to retain in confidence and to require their
