Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website located at www.data-expert.co and any related webpages, forms, communications, products and services provided by DataExpert Technology (Canada) Inc., operating as DataExpert Canada (“DataExpert,” “we,” “us” or “our”).

By accessing or using our website, submitting an inquiry, requesting a quotation, purchasing a product or engaging DataExpert to provide services, you acknowledge that you have read, understood and agreed to these Terms.

If you do not agree with these Terms, please do not use the website or submit information through it.

1. About DataExpert

DataExpert provides technology products, consulting and professional services in areas that may include:

• Digital forensic investigation and analysis;

• Digital evidence acquisition and preservation;

• Computer, mobile device and IoT forensics;

• Forensic data recovery;

• Data recovery from storage media and electronic devices;

• IT asset disposition, or ITAD;

• Data wiping, degaussing, shredding and physical media destruction;

• On-site and off-site data destruction;

• Digital forensic laboratory solutions;

• Forensic workstations and related equipment;

• Degaussers, media shredders, crushers, duplicators and data-wiping products;

• Cybersecurity products and solutions; and

• Related training, support, consulting and technical services.

The specific scope, pricing, timelines and deliverables for a product or service will be described in the applicable quotation, purchase order, statement of work, service agreement or other written contract.

2. Website Information

The information provided on this website is for general informational and business purposes. Website content does not constitute legal, forensic, technical, cybersecurity or regulatory advice.

Although DataExpert makes reasonable efforts to keep website information accurate and current, product specifications, availability, pricing, service descriptions, photographs, certifications and other content may be changed without notice.

Information displayed on the website does not constitute a binding offer. A transaction becomes binding only after DataExpert accepts an order or both parties enter into an applicable written agreement.

3. Quotations and Service Agreements

Quotations are valid only for the period stated in the quotation. Unless otherwise specified, quoted prices:

• Are stated in Canadian dollars;

• Exclude applicable taxes, duties, shipping, insurance and third-party charges;

• Are based on the information provided by the customer; and

• May be revised if the condition, quantity, location, configuration or technical requirements differ from the information originally provided.

Professional services, product purchases and equipment rentals may be subject to additional agreements. Where an applicable quotation, purchase order, statement of work or service agreement conflicts with these Terms, the specifically negotiated written agreement will govern the relevant transaction.

4. Customer Authority and Responsibilities

By providing a device, storage medium, IT asset, account, system, file, evidence item or other material to DataExpert, you represent and warrant that:

1. You own the item or have lawful authority from its owner to authorize the requested work;

2. You have all required permissions, consents, court orders, warrants, contractual rights or other legal authority to access, recover, examine, process, copy, transfer, erase, destroy or dispose of the information and assets involved;

3. Your instructions do not violate any law, court order, contractual obligation, privacy right, intellectual property right or other third-party right;

4. The information you provide to DataExpert is accurate and complete; and

5. You will notify us of any special handling requirements, litigation holds, regulatory restrictions, hazardous conditions or chain-of-custody requirements before work begins.

DataExpert may decline, suspend or terminate work where we reasonably believe that the requested activity may be unlawful, unauthorized, unsafe, misleading or inconsistent with professional or ethical obligations.

5. Digital Forensic Services

Digital forensic services may involve accessing, imaging, preserving, searching, decrypting, recovering, extracting, analyzing and reporting information contained on electronic devices or systems.

You acknowledge that:

• Forensic results depend on the condition, configuration, encryption, security controls and available data associated with the device or system;

• Some information may be incomplete, corrupted, encrypted, overwritten, inaccessible or technically unrecoverable;

• No specific investigative result, evidentiary conclusion or legal outcome is guaranteed;

• The admissibility or usefulness of evidence is determined by courts, tribunals, investigators, counsel or other relevant authorities, not by DataExpert;

• Password recovery, device unlocking and data extraction may not be successful in every case; and

• Additional authorization or documentation may be required before certain forensic activities can be performed.

Customers are responsible for obtaining independent legal advice regarding investigations, employee monitoring, litigation, regulatory matters and the collection or use of digital evidence.

6. Data Recovery Services

Data recovery is inherently uncertain. DataExpert does not guarantee that any particular file, percentage of data or device functionality will be successfully recovered.

Diagnostic testing, disassembly, chip removal, component replacement, imaging and recovery procedures may alter the condition of a device or make it unsuitable for future use. By authorizing data recovery work, you accept these risks.

Unless otherwise agreed in writing:

• Recovered data will be returned using a suitable storage medium or secure transfer method;

• Replacement parts used for recovery may not be returned;

• DataExpert is not responsible for the functionality of the original device following recovery work;

• Customers must verify recovered data promptly after delivery; and

• Unclaimed devices or recovered data may be securely destroyed after reasonable notice and the expiration of the applicable retention period.

Customers should maintain independent backups whenever reasonably possible.

7. IT Asset Disposition and Data Destruction

For ITAD, data wiping, degaussing, shredding and physical destruction services, the customer represents that it has full authority to transfer, process, resell, recycle or destroy the assets provided.

Before the scheduled service, the customer must:

• Identify any assets subject to a litigation hold, lease, security interest or regulatory restriction;

• Remove any assets that should not be processed;

• Provide accurate inventory and asset information;

• Disclose batteries, hazardous materials or damaged equipment requiring special handling; and

• Confirm the required destruction or sanitization standard.

Data destruction is irreversible. Once an asset or storage medium has been wiped, degaussed, shredded or physically destroyed, its data may not be recoverable.

Certificates of destruction, sanitization reports, inventory records and other documentation will be provided only when included in the applicable service agreement or quotation.

Any resale value, revenue sharing or asset recovery estimate is subject to inspection, market conditions, equipment functionality, cosmetic condition, configuration, licensing status, transportation costs and buyer demand.

8. Products and Equipment

Product photographs and descriptions are provided for general reference. Actual products may differ in appearance, accessories, configuration, branding or specifications due to manufacturer updates or availability.

Orders are subject to acceptance, product availability and applicable export, import, end-use and sanctions restrictions.

Unless otherwise stated in writing:

• Manufacturer warranties apply according to the manufacturer’s terms;

• Consumable items and damage caused by misuse, unauthorized modification, improper installation, unsuitable operating conditions or failure to follow instructions are not covered;

• Customers are responsible for confirming that products are suitable for their intended environment, media types, security requirements and applicable standards; and

• DataExpert does not guarantee that a product will satisfy a particular regulatory requirement unless expressly confirmed in writing.

Installation, maintenance, training and technical support are included only when specified in the applicable quotation or agreement.

9. Fees, Invoicing and Payment

You agree to pay all fees, taxes, shipping costs and other charges specified in the applicable quotation, invoice or agreement.

Unless otherwise stated:

• Deposits and special-order product payments may be non-refundable;

• Late amounts may be subject to reasonable interest and collection costs;

• DataExpert may suspend delivery or services where an account is overdue;

• Ownership of purchased products does not transfer until full payment has been received; and

• DataExpert may retain possession of devices, assets, recovered data or deliverables to the extent permitted by law while applicable fees remain unpaid.

Cancellation, rescheduling and restocking charges may apply when specified in the quotation or service agreement.

10. Acceptable Website Use

You may use the website only for lawful purposes. You must not:

• Attempt to gain unauthorized access to the website, its servers or connected systems;

• Introduce malware, harmful code or disruptive technologies;

• Scrape, copy or extract website content using automated means without permission;

• Use the website to impersonate another person or misrepresent your authority;

• Submit unlawful, threatening, defamatory, fraudulent or infringing material;

• Interfere with the website’s security, availability or operation;

• Use our information, products or services to violate privacy, cybersecurity, export-control or criminal laws; or

• Attempt to reverse engineer any website component, software or proprietary technology except where expressly permitted by law.

We may restrict or terminate access where these Terms are violated.

11. Intellectual Property

The website and its content—including text, graphics, photographs, videos, logos, icons, layouts, product materials, downloadable documents, software and trademarks—are owned by or licensed to DataExpert and are protected by applicable intellectual property laws.

You may view and print website content for legitimate personal or internal business use. You may not reproduce, modify, distribute, sell, license, publish or commercially exploit our content without prior written permission.

Product names, logos and trademarks belonging to manufacturers, partners or other third parties remain the property of their respective owners.

12. Confidentiality

DataExpert will use reasonable measures to protect confidential information received in connection with its services.

Detailed confidentiality obligations, evidentiary-handling requirements, access restrictions and non-disclosure terms may be addressed in a separate service agreement or non-disclosure agreement.

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach by DataExpert;

• Was lawfully known to DataExpert without confidentiality restrictions;

• Is independently developed without using the customer’s confidential information;

• Is received lawfully from another source; or

• Must be disclosed under applicable law, court order or lawful government request.

13. Privacy

Our collection, use, retention and disclosure of personal information are described in our Privacy Policy.

When a customer provides devices, records or evidence containing another person’s information, the customer remains responsible for confirming that the information was lawfully collected and that DataExpert is authorized to process it for the requested service.

14. Third-Party Websites and Products

The website may contain links to manufacturers, partners, social media platforms, messaging applications or other third-party websites.

DataExpert does not control and is not responsible for third-party websites, content, privacy practices, security or availability. A link does not necessarily constitute an endorsement.

Your use of third-party products, software and websites is governed by the applicable third party’s terms and policies.

15. Service and Website Disclaimers

To the maximum extent permitted by law, the website, website content and any complimentary information are provided on an “as is” and “as available” basis.

DataExpert does not warrant that:

• The website will always be available, uninterrupted, secure or error-free;

• Every website description will be current or free of inaccuracies;

• Every device, file or dataset can be accessed, recovered, decrypted, sanitized or analyzed successfully;

• A forensic examination will produce evidence supporting a particular position;

• A data-destruction method will meet requirements not disclosed to DataExpert; or

• A product will be suitable for a purpose not expressly confirmed in writing.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded under applicable consumer-protection legislation.

16. Limitation of Liability

To the maximum extent permitted by law, DataExpert and its directors, officers, employees, contractors, affiliates and suppliers will not be liable for indirect, incidental, special, exemplary, punitive or consequential losses, including loss of profits, revenue, goodwill, business opportunities, anticipated savings or data.

For a claim relating to a paid product or service, DataExpert’s total aggregate liability will not exceed the amount paid to DataExpert for the specific product or service giving rise to the claim during the twelve months preceding the event.

For a claim relating solely to free use of the website, DataExpert’s total aggregate liability will not exceed CAD $100.

These limitations do not apply to liability that cannot be limited under applicable law and may be modified by a separate written agreement signed by DataExpert.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless DataExpert and its directors, officers, employees and contractors from third-party claims, damages, liabilities, penalties and reasonable legal costs arising from:

• Your unlawful or unauthorized instructions;

• Your breach of these Terms;

• Your failure to obtain required ownership rights, permissions, consents, warrants or legal authority;

• Material or devices you provide to DataExpert;

• Your misuse of the website, products or services; or

• Your violation of another person’s privacy, confidentiality, contractual or intellectual property rights.

18. Force Majeure

DataExpert will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fires, floods, severe weather, utility failures, labour disruptions, transportation interruptions, supply-chain shortages, cyber incidents, government action, war, civil unrest, epidemics or failures of third-party systems.

19. Suspension and Termination

DataExpert may suspend or terminate website access, services or transactions where:

• These Terms or an applicable agreement are breached;

• Payment obligations are not satisfied;

• Continuing the work may create legal, ethical, safety, security or reputational risks;

• Required customer authorizations are not provided; or

• Events beyond DataExpert’s control make performance impracticable.

Termination does not affect rights or payment obligations that arose before termination.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.

Subject to any mandatory consumer-protection rights, the parties agree that disputes will be submitted to the courts located in Ontario.

21. Changes to These Terms

DataExpert may update these Terms to reflect changes in its services, products, technology, business practices or legal obligations.

The updated version will be posted on this page with a revised “Last Updated” date. Your continued use of the website after an update constitutes acceptance of the revised Terms.

Material changes affecting an active contracted service will be handled in accordance with the applicable service agreement.

22. General Provisions

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

A failure to enforce a provision does not waive the right to enforce it later.

These Terms, together with the Privacy Policy and any applicable quotation, purchase order or service agreement, constitute the agreement between you and DataExpert concerning the matters they address.

You may not assign your rights under these Terms without DataExpert’s written consent. DataExpert may assign its rights and obligations as part of a reorganization, financing, sale or transfer of its business.

23. Contact Us

Questions regarding these Terms may be directed to:

DataExpert Technology (Canada) Inc.
22-290 Yorktech Drive
Markham, ON  L6G 0A7
Canada

Email: info@data-expert.co
Telephone: +1 (289) 207-3134
Website: www.data-expert.co