Terms of Service

// 01Services & agreement

These terms govern your use of this website and, together with your signed proposal, engagement letter, or statement of work, the digital forensics, incident response, and data recovery services provided by Kluetek IT Services Inc. (“Kluetek”, “we”, “us”). Where a signed engagement and these terms conflict, the signed engagement controls.

// 02Engagement & scope

The specific services, deliverables, devices, and media covered are defined in your scoped engagement. Work outside that scope is handled as a separate request and may be billed accordingly. We will agree any material change in scope with you before proceeding.

// 03Your responsibilities & lawful authority

You represent and warrant that you own, or otherwise have the full legal right, authority, and any necessary consents to submit each device, medium, and dataset to us and to have us image, examine, analyse, or recover its contents. You will not submit material you are not legally entitled to have us handle.

You agree to indemnify and hold Kluetek harmless against claims, losses, and costs arising from a breach of this representation. We may decline or stop work on any matter where lawful authority is unclear.

// 04Fees & billing

Fees, billing schedule, and any deposit or evaluation charge are set out in your engagement. Diagnostic or evaluation fees, where they apply, are payable whether or not data is ultimately recovered. Invoices are due on the terms stated in your engagement, and late amounts may bear interest as permitted by law.

// 05Data recovery — no guarantee

Data recovery and forensic extraction depend on the condition of the media and the nature of the failure or incident. We use reasonable professional skill and care, but we cannot and do not guarantee that any particular data will be recoverable, intact, or admissible.

Damaged or failing media may deteriorate further during recovery despite proper handling. Where the risk is material we will discuss it with you before proceeding. You are responsible for maintaining your own backups of any data you provide to us.

// 06Evidence handling & confidentiality

For matters that may involve legal proceedings, we maintain documented chain of custody and handle evidence to preserve its integrity. Each party will protect the other’s confidential information and use it only to perform the engagement; we treat your data, devices, and business information as confidential, and these obligations survive the end of the engagement.

// 07Reports & findings

Our deliverables are technical findings and reports based on the material examined and the methods applied. They are not legal advice, and we are not your lawyers. Expert testimony, affidavits, or appearance as a witness, where required, are arranged and billed separately under the engagement.

// 08Limitation of liability

We provide our services with reasonable skill and care. To the extent permitted by law, our total liability arising from the services is limited to the fees you paid us for the service in the period giving rise to the claim, and we are not liable for indirect or consequential loss, including lost data, lost profits, or business interruption. Nothing in these terms limits liability that cannot lawfully be limited.

// 09Termination

Either party may end an engagement on the notice stated in the proposal, or for material breach that is not cured within a reasonable time. On termination we will cooperate in an orderly handover and return or dispose of your material as set out in our Privacy Policy, subject to any retention we are legally required to maintain and to payment of fees for work performed.

// 10Governing law

These terms and any engagement are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, and the parties submit to the exclusive jurisdiction of the courts of Ontario.

// 11Contact

Questions about these terms can be sent to privacy@kluetek.com, or by mail to Kluetek IT Services Inc., 850 College St, Toronto, ON M6H 1A1.