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Terms of Engagement

The CONTENTENGINEER Group Limited (“the Group”) provides technical expertise in electronic data storage systems, software development services/consulting, forensic evidence imaging and data recovery services in accordance with a specific Engagement Letter that will incorporate some or all of these terms according to the work specified. The Engagement Letter will specify the instructions, services required and nature of the engagement between the Group and the customer, organisation, instructing solicitor or court (the “Client”).

Obligations of the Client

The Client shall deal promptly with every reasonable request by the Group’s representative (our “Expert”) to obtain any information and documents deemed necessary to fulfil the instructions. Furthermore, the client shall give prompt written (and/or email) notification of every meeting, hearing, trial or other appointment at which our Expert’s attendance may be required. The Client shall immediately advise of any critical change to the instruction, project objectives or timescales that may impact the outcome of the engagement. Obligations of the Group and in particular our Expert will: (i) Use all reasonable skill and care in the performance of the instructions given to them; (ii) Act with objectivity and independence with regard to the instructions and, in the event of a conflict between their duties to the Client, hold their duties to the court paramount; (iii) Undertake only those parts of an engagement in respect of which they consider to have adequate qualifications or experience; (iv) Promptly notify the client of any matter (including a conflict of interest or lack of suitable qualifications or experience) that would disqualify them or render it undesirable for them to have continued involvement; (v) Use all reasonable endeavours to make themselves available for all meetings and appointments of which they have received adequate written notice; (vi) Not without good cause discharge themselves from the appointment as expert; (vii) Preserve confidentiality save as expressly or by necessary implication authorised to the contrary; (viii) Not negotiate with another party or adviser unless specifically authorised by the Client to do so; and (ix) Not commit the Client to any expenditure or financial commitment or procurement of any goods or services from a third party.

Confidentiality

The Client and the Group each acknowledge that Confidential Information may be shared between the parties during the course of the engagement… and that each party shall treat as confidential such information, and use for the purposes of the engagement; not disclose to any third party; take all necessary precautions to ensure it is held in confidence and comply will all instructions and or guidelines produced by the disclosing party for the handling and storage of the confidential information.

Intellectual Property Rights

The rights of ownership in respect of all documents, search paradigms, photographic negatives, photographic images on electronic media, video recordings, models and other original work created by our Expert shall remain vested in the Group and our Expert, unless otherwise agreed in writing. The Client recognises the (registered) trademarks of the Group and its subsidiaries and that they may not be used without permission.

Fees and Expenses

The FEES payable are based upon the degree of responsibility, skill involved and technical experience and the time necessarily occupied on the work. Unless otherwise agreed by both parties, the Group will charge fees separately for each class/type of work mentioned in the instructions according to a schedule in the engagement letter. The normal work hours are 0900 to 1730, Monday to Friday excluding Public Holidays. In addition, any reasonable EXPENSES including travel, specialist equipment rental and/or reproduction of reports, photographs, electronic media will be charged by the Group to the Client. The Client agrees to pay invoices within fourteen days of invoice date direct to the Group either by cheque, BACS, CHAPS or telegraphic transfer subject to an established credit account with the Group. The Group reserves the right to charge interest at 3% above NatWest? Bank base rate on overdue amounts.

Initial Reviews

The Group and/or our Expert will undertake initial reviews of projects or cases in which the Client may consider that we may be able to assist with. The Group is prepared to detail in writing the assistance, services and timescales plus an indication of fees likely to be incurred; including a fully costed programme of work for Business Cases or submissions to the Legal Aid Board. The preparation of any initial review is costed within the programme of work, and if for any reason the engagement is not confirmed, there will be no charge for this initial review unless prior agreement has been reached with the Group.

Legal Aid Funded Engagements

For cases where the Group’s fees are to be funded by the Legal Aid Board or other public body, the Client must obtain prior approval/authority before commencement of the engagement. Additional terms apply for these cases.

Third Party Engagements

For engagements where the Client is a prime contractor, or is acting on behalf of an individual, the Client will ensure that they are in funds to discharge and that they do promptly discharge the Group’s fees and expenses within fourteen days of invoice date. The Client remains liable to pay the Group’s invoice even if they have not been paid.

Technical Experts

The Client agrees that nothing in any letter of engagement shall be construed to create a partnership, joint venture, agency relationship or employment relationship between the Group and the Client, or our Expert(s) and the Client. Neither party has the right or authority to assume or create any obligation on behalf of the other party or our Expert(s).

Force Majeure

The Client agrees that the Group shall be under no liability if they shall be unable to carry out any provision of the engagement for any reason beyond their control including: act of God, legislation, war, fire, flood, theft, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute, or owing to any liability to procure materials required for the performance of the engagement.

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