Hosted Review Terms of Service


 

  1. Introductory Tier Definition
  • Forensic Discovery will provide hosted review services through the Logikcull platform to Client. 
  • This $1/month Introductory Tier ("Tier 0") provides up to 3 GB of total data storage per client account.
  • A client may have up to three concurrent cases within this 3 GB limit, provided they are for data size refers to the total amount stored on our systems. 
  • The services will be charged based on total data storage. Data may expand after Client uploads data for processing. The total data storage is typically larger than the total size uploaded. 

 

  1. Pricing
  • Tier 0: 0 GB to 3 GB Monthly Hosting Package — $1.00
    • Higher Tiers:
    • Tier 1: 4 GB to 5 GB Monthly Hosted Review Package — $100.00
    • Tier 2: 6 GB to 10 GB Monthly Hosted Review Package — $250.00
    • Tier 3: 11 GB to 25 GB Monthly Hosted Review Package — $500.00
    • Tier 4: 26 GB to 50 GB Monthly Hosted Review Package — $750.00
    • Tier 5: 51 GB to Unlimted GB Monthly Hosted Review Package: $1,000, per Month + $15 per GB, per Month for each GB over 50 GB.
  • Forensic Discovery reserves the right to adjust pricing with reasonable notice.

 

  1. Fair Use and Limitations
  • Tier 0 is intended for trial purposes or extremely small scale eDiscovery matters.
  • Excessive usage patterns, including splitting data across multiple cases to circumvent storage limits, may result in required upgrades, account restrictions, or termination of Tier 0 access.

 

  1. Data Storage, Ownership, and Termination
  • Client retains ownership of their uploaded data.
  • Tier 0 data storage is not subject to a fixed time limit. HoForensic Discoveryver, if an account remains inactive (no user login) for three consecutive months, Forensic Discovery reserves the right to deactivate Tier 0 access.
  • Notice of potential deactivation or tier discontinuation will be sent to the email address associated with the primary user on the account.
  • Forensic Discovery may discontinue the $1 monthly Introductory Tier at our discretion. Prior notice and options for data archival will be given. If no response is received within two Forensic Discoveryeks of our notice, you consent to the deletion of your Tier 0 data.

 

  1. Support
  • Online chat support is included.
  • Clients have the ability to perform all available eDiscovery tasks themselves within the platform.
  • Project management services may be requested at a rate of $225/hour, if the client decides they would prefer assistance with tasks such as data loads, searching, review, and production.

 

  1. Disclaimers
  • The service is provided "asis." No guarantees of functionality, uptime, or data security are made.

 

  1. Billing and Excess Data
  • Clients will prepay each month based on the previous month's data usage. This applies to all storage tiers.
  • By signing this agreement, you authorize us to automatically charge the card or account on file for your monthly subscription and any applicable overage fees.
  • Any excess data beyond the chosen tier's limit will result in case charges being adjusted to reflect the rate of the highest storage watermark for that month.

 

  1. Cancellation
  • A 30 day written notice is required for cancellation of any subscription tier.
  • Upon request, data archival storage can be provided at an additional cost.

 

  1. Representations and Warranties
  • Client hereby represents and warrants to Forensic Discovery that:
    • (i) Client is the owner of, and/or has the right to possess, all Digital Artifacts furnished to Forensic Discovery;
    • (ii) Client has permission and/or rights to enter, and acquire any and all Digital Artifacts from, the premises where such Digital Artifacts may be located.

 

  1. Governing Law, Jurisdiction and Venue
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts to be performed entirely within such state.
  • The District Court located in Denver, Colorado, shall have exclusive jurisdiction, including in personam jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement.

 

  1. Arbitration
  • Any dispute arising out of or related to, directly or indirectly, this Agreement shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • The arbitration shall take place in Denver, Colorado before one (1) arbitrator experienced in arbitrating commercial disputes. Arbitration shall commence within thirty (30) days of the appointment of the arbitrator.
  • Each Party shall bear its own costs and expenses associated with such arbitration and the Parties shall equally split the arbitrator's costs.

 

  1. Limitations
  • Neither Party shall be entitled to indemnification with respect to: (i) consequential damages; (ii) punitive damages; or (iii) Claims arising from the gross negligence or willful misconduct of the party claiming indemnification.
  • Notwithstanding anything to the contrary set forth herein, Forensic Discovery’s indemnification obligations shall not exceed the amount of fees actually received by Forensic Discovery from Client pursuant to this Agreement.

 

  1. Forensic Discovery Indemnification
  • Client shall indemnify, defend, and hold Forensic Discovery and its subcontractors, independent contractors, agents, managers, officers, directors, members, managers, and employees, harmless from and against any and all claims, liabilities, losses, destroyed data, damages, expenses (including reasonable attorneys’ fees) arising from or growing out of, directly or indirectly:
    • (i) a breach of any representation, warranty, covenant, or agreement made by Forensic Discovery in this Agreement;
    • (ii) Forensic Discovery’s or its employees’, contractors’, or agents’ gross negligence or willful misconduct in the performance of the Services.

 

 

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Signature Certificate
Document name: Hosted Review Terms of Service
lock iconUnique Document ID: f14cef0f7ce7b4168d7575cd692964cf5f38d360
TimestampAudit
May 3, 2024 4:34 pm MDTHosted Review Terms of Service Uploaded by Trent Walton - trent@forensicdiscovery.expert IP 97.118.248.17
May 3, 2024 4:36 pm MDTForensic Discovery - trent@forensicdiscovery.expert added by Trent Walton - trent@forensicdiscovery.expert as a CC'd Recipient Ip: 97.118.248.17
May 3, 2024 4:39 pm MDTForensic Discovery - trent@forensicdiscovery.expert added by Trent Walton - trent@forensicdiscovery.expert as a CC'd Recipient Ip: 97.118.248.17
May 3, 2024 5:43 pm MDTForensic Discovery - trent@forensicdiscovery.expert added by Trent Walton - trent@forensicdiscovery.expert as a CC'd Recipient Ip: 97.118.248.17
May 3, 2024 5:47 pm MDTForensic Discovery - trent@forensicdiscovery.expert added by Trent Walton - trent@forensicdiscovery.expert as a CC'd Recipient Ip: 97.118.248.17
May 3, 2024 5:50 pm MDTForensic Discovery - trent@forensicdiscovery.expert added by Trent Walton - trent@forensicdiscovery.expert as a CC'd Recipient Ip: 97.118.248.17
May 3, 2024 6:01 pm MDTForensic Discovery - trent@forensicdiscovery.expert added by Trent Walton - trent@forensicdiscovery.expert as a CC'd Recipient Ip: 97.118.248.17