TAR

Terms & Agreement Retainer

Please read & complete the
'Terms & Agreement' Retainer below.

Terms & Agreement Retainer

Services:
Signature Forensix (SF), shall provide the following service(s) to the CLIENT (CLIENT) in accordance with the terms and conditions of this Agreement: Services include, but are not limited to:

Computer & Mobile Device Forensics: 
Image of Device(s); Analysis of Content, Files & all other Data of Device(s). Reporting and Explanation of Findings & Results of Analysis. Cyber Forensics; Data Recovery; ‘PEN’ Testing (Both Social & Physical Penetration Testing); TSCM of Digital Devices, Physical Location or Vehicles.

Domestic Investigations: 
Infidelity or Commitment Investigations; Child Custody Investigation; Alimony Investigations; Surveillance (General Surveillance, Mobile Surveillance, Electronic Surveillance); Pre-Divorce Investigation; Homicide Investigations; Criminal Defense Investigations; Skip Tracing; Process Serving; Asset Verification/Investigation; Juvenile Activity Report; Reverse Searches (Phone, License Plates, Driving Records, Address, etc.); Computer & Mobile Device Forensics; TSCM & GPS Tracking.

Corporate Investigations:
Surveillance (General Surveillance, Mobile Surveillance, Electronic Surveillance, Certified Computer Forensic Examiner, Night Vision Surveillance) Witness Statements; Process Serving; Employment Vetting; Background Checks; Executive Dossier Reports; Workplace Health and Safety Cases'; Corporate Fraud; Workplace Accident Reports; Night Vision Investigation; Insurance Accident Reports; Workers Compensation Investigations; Insurance Fraud Investigations; Asset Search/Locates; Aerial Investigations; Computer; Server & Mobile Device Forensics; TSCM & GPS Tracking.

Attorneys/Legal Departments:
Domestic Investigations; Corporate Investigations; Witness Statements; Process Serving; Skip Tracing; Personal Locates; Reverse Searches (Phone, License Plates, Address, Driving Records etc.); Homicide Investigations; Criminal Defense Investigations; Incident Reports; Asset Searches; Bank Account Searches; Criminal Defense Investigations; Computer & Mobile Device Forensics; TSCM & GPS Tracking.

Confidentiality:
All investigative findings furnished to CLIENT are exclusively for CLIENT's own use or CLIENT's ATTORNEY(S) after the entire case and findings are PAID for in FULL. CLIENT agrees to restrict the dissemination of said findings ONLY to third parties who have a legitimate need to know, and/or authorized by law. CLIENT will hold SF harmless from damages, losses, cost or expenses, including attorney fees, suffered or incurred in connection with arising out of claims based on investigative findings provided to CLIENT, and for which CLIENT fails to keep strictly confidential. SF will keep findings strictly confidential and will not disseminate or release any findings to third parties unless authorized IN WRITING by the CLIENT. MCL 338.840 of the PROFESSIONAL INVESTIGATOR LICENSURE ACT; Act 285 of 1965, does not permit a Licensed Professional Investigator to divulge information to anyone without CLIENT's consent.

Furthermore, there is case law that supports the CLIENT's rights: People of the State of Michigan, Petitioner-Appellee, v. Artis White (Licensed Professional Investigator), Respondent-Appellant. The plain language of the statutory privilege, M.C.L. §338.840(2), precluded the trial court from ordering respondent's private investigator to turn over information obtained during the course of his investigation and in accordance with the assignment for which he was retained. There is no statutory exception that permits the trial court to set aside the privilege on the prosecutor's showing of need. Accordingly, the trial court committed error requiring reversal in authorizing the issuance of an investigative subpoena directing respondent's investigator to provide all information obtained during his investigation for an in-camera review and possible disclosure to the prosecutor. In light of our resolution of this issue we decline to review respondent's alternative argument for reversal regarding the work-product privilege.

If the CLIENT discloses that SF has been hired on their behalf, CLIENT foregoes any client privilege. CLIENT understands SF reserves the right to use any communication, work product, or interviews to prove work was done or completed in the event of Collection or Objection.

SF reserves right to contact law enforcement if there are any sexually explicit materials involving what appears to be minor children. CLIENT agrees to hold SF harmless regarding any action involving law enforcement with the above mentioned content.

Retainer:
CLIENT agrees to a pay the minimum retainer of $1000 (One Thousand Dollars). All retainers will be set differently pending work, location, products & services required. SF will disclose reports, data collected, evidence and verbal statements only when the CLIENT is paid up to date. $1000.00 (One Thousand Dollars) is non-refundable as a deposit. Some cases do not require a $1,000 retainer, but they maybe for special circumstances or special services and must be noted. SF may request a deposit of up to 100% of estimated cost/quote for job prior to commencing. Signature Forensix shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any services, unless otherwise agreed. Unless you notify SF in writing of any discrepancies or unauthorized charges within Seven (7) days after they first appear on your Invoice, they will be deemed accepted by you for all purposes. This includes resolution of enquiries made by your card issuer and you release SF from all liabilities and claims of loss resulting from any error or discrepancy.

General Surveillance:
CLIENT agrees that SF is to do no less than FIVE (5) consecutive hours of surveillance when doing "General Surveillance". This is calculated per Investigator. The rate at which you will be billed at is up to One Hundred Fifty ($150) per hour per Investigator. This does not include any other fees CLIENT may incur.

Priority Surveillance: 
CLIENT agrees that SF is to do no less than Two (2) hours of surveillance when doing "Priority Surveillance". This is calculated per Investigator. The rate at which you will be billed at is Three Hundred Ninety-Five ($395) per hour per Investigator. Billing begins upon notice to SF Investigator. This does not include any other fees CLIENT may incur.

Fees:
Imaging: Imaging Devices costs $750-2000.
Analysis: $250-319/Hr.
Storage Device: Actual cost.
Mileage: (Rated between $.67/Mile to $.8625/Mile). (Sixty-Seven - Eighty-Six point 25 Cents per mile). In some cases, SF does not charge mileage.
Reports/Searches: (Pending Report/Search).
Computer Forensics: $250/Hr - $319/Hr (Pending Investigation).
Phone Calls: Phone Calls are billed in six (6) minute increments [If a CLIENT feels the need to discuss the case multiple times per day or for extended purposes. The rate is: $30 (Thirty Dollars) for 6 Minutes.
Filing Fees: Filing Fees - Actual Fee
Data Acquisition Fees: Fees from public or commercial sources (Varies).
Long Distance Phone Charges: International Calls are billed at actual fees incurred.
Email Charges: If you feel the need to email several times and have responses from an Investigator, you may be charged $20 per Email. This rarely happens, but periodically SF has a CLIENT who needs to know several times a day what happens as it happens.
Photocopying/Printing: If SF must print over 50 pages, we charge $.15 (Fifteen Cents)/sheet to the CLIENT.
Postage: Actual Shipping/Postage Fees incurred.
Admin: Internal administration, Clerical, Communication, Etc. $100 (One-Hundred Dollars) per hour.
Editing: Video, Photos & Report writing: $120 (One Hundred Twenty Dollars) per hour.
Travel or Lodging: Actual fees incurred. SF reserves the right to request these estimated fees upfront.
Court: Depositions; Meetings; Conference; Pre-Trial; Preparing for a Proceeding; etc.: CLIENT agrees that additional testimonial and informative activities of SF will be paid by CLIENT at the rate of $199.00 per hour per GENERAL INVESTIGATOR, or $299 per hour per Certified Examiner, Licensed Investigator, or Specialist. This includes, but is not limited to meetings, conferences, and court appearances. These additional activities will be paid prior to SF's scheduled appearance by a nonrefundable minimum 2.5 hour per employee charge. Charges include travel, mileage, parking, meals, etc. This charge is forfeited if court, meeting or conference is canceled or rescheduled within 48 hours of SF's scheduled appearance.
Communication: SF agrees that its representatives will maintain reasonable communications with the CLIENT during the period of the investigation. SF will make ever attempt to communicate throughout the day/investigation, but it may be necessary for the Investigator to wait to communicate with the CLIENT. It may be necessary for a member of SF to be cautious when attempting to contact you. SF Investigators may require the CLIENT to contact them when you know you are able to be clear of any surveillance yourself.

Collection Costs: 
Should SF be required to bring suit or otherwise spend time trying to collect the amounts due SF under this agreement, CLIENT will also be responsible for SF's court costs and reasonable attorney's fees as determined by the court. In addition: Any and all costs (time, material, reference review, shipping, travel costs, attorney fees, NSF Fees incurred, Late Fees, and other legal fees) will be the responsibility of the including chargeback fees, stop payment or any other reduced payment methods; and fees associated with these actions.

Late Fees: 
Late Fees of $39 or 1.5% of the balance per month, whichever is greater. Late fees are added based on originating date of the investigation, or the billed date, whichever is earlier.

Collection Costs: 
Should SF be required to bring suit or otherwise spend time trying to collect the amounts due SF under this agreement, CLIENT will also be responsible for SF's court costs and reasonable attorney's fees as determined by the court.

Working Relationship: 
The cooperation of CLIENT is very important. PLEASE BE CAREFUL ALWAYS TO INFORM SF IMMEDIATELY of any change of address, phone number (both work and home). At their discretion, SF has the right to withdraw from the case if the CLIENT has misrepresented or failed to disclose material facts to SF, or if CLIENT fails to follow advice. Failure to follow SF's advice in a manner that has compromised the investigation, or endangered employees will be grounds for SF to immediately withdraw from the case. Likewise, CLIENT may discharge SF at any time for any reason. Full disclosure of all facts is essential to enable SF to properly conduct this investigation. SF shall have the right to withdraw from this case if CLIENT does not honor the terms of this Retainer Agreement, and CLIENT will have the obligation of paying fees and costs incurred through the date of termination. CLIENT further acknowledges that interferences include but are not limited to calling SF and/or employees while they are trying to perform investigative duties and/or surveillance, asking to accompany SF, driving past locations under surveillance, and/or visiting near the location under surveillance or having friends, relatives, agents or employees do so. SF reserves the right to terminate all activity in this assignment and CLIENT will forfeit any unused portion of retainer.

Counter-Surveillance/TSCM/Surveillance/Investigation Services: 
We have found the clients who have suspicions about being 'bugged' or followed, but was a mere speculation or have no idea "who" would or "why" the surveillance is being done, founded on no evidence, and no devices or signs of surveillance were located because there simply were none planted at the time of the sweep or counter surveillance was completed, or ever.


Not finding any surveillance/bug devices,
does NOT mean services were not rendered and performed.

Actual hidden/covert devices, or individuals performing surveillance on a client are only found in a 
small percentage of TSCM (Bug Sweeps).

Representations: 
CLIENT acknowledges being advised that SF cannot make guarantees regarding the ultimate outcome of this or any case, and that any expressions relative to such matters are only our opinions. This includes but is not limited to: Surveillance Evidence, TSCM, Computer/Mobile Device Forensic Data, GPS Data, Bank Account/Asset Searches, DMV Records, Background Check Evidence/Data, Criminal Records, Contact/Address/Email/IP Address/Phone Searches,  etc.

Limitation of liability: 
Signature Forensix (SF) liability (including negligence) arising directly/or in connection with these terms or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the cost of the service/s. In no event shall SF be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.

Cancelation: 
The CLIENT must provide SF with a minimum of (48) forty-eight hour notice in the event of canceling a scheduled activity. A (5) five-hour charge will be imposed per examiner/investigator if the CLIENT fails to give a (48) forty-eight hour notice and any other expenses occurred. This applies to, but not limited to: Surveillance, Court Appearances, Legal Appointments, Background Searches, GPS Install, Reverse Searches, Data Searches & other Investigative Services. The CLIENT must receive written confirmation from a member of SF that the activity has been canceled, or the CLIENT is responsible for the entire amount of that scheduled activity.

SF meets or exceeds all of the required laws by the State of Michigan to do business as a Licensed Private Investigation Firm. The state issued Private Investigation license number for SF is: 3701206238. Responsible Use of Information: SF is NOT a consumer reporting AGENCY. SF promotes the responsible use of the information that is provided, and reserves the right to withhold information for which SF deems is outside the 'scope' of a permissible purpose or otherwise defined by state and federal law or regulation. "Confidential Information" shall not include such information as is or becomes part of the public domain through no action of SF. The CLIENT is responsible to safeguard the information provided from unauthorized third-party disclosure as defined by the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA) and Right to Financial Privacy Act (RFPA) and applicable state and federal laws and regulations. It is incumbent upon the CLIENT and their representatives to be fully knowledgeable about such laws and regulations and to seek legal counsel prior to dissemination of reported information. Furthermore, the CLIENT affirms the information requested and/or learned during the investigation is not to be used for harassment, stalking, intimidation, threatening or any other illegal purpose(s).

Governing Law: 
This agreement, the rights of the parties, and all actions arising in whole or in part under or in connection with it, will be governed by and construed in accordance with the domestic substantive laws of the state of Michigan, without giving effect to any choice or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction.

Venue: 
The parties (a) irrevocably submit to the jurisdiction of any Michigan court sitting in Kent County, Michigan, in any action arising out of this agreement, (b) agree that all claims in any action may be decided in that court, and (c) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum. The parties also agree that a final judgment in any such action will be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

THE CLIENT AGREES THIS IS A LEGAL, BINDING CONTRACT BETWEEN YOU, THE CLIENT, AND SIGNATURE FORENSIX, LLC, d/b/a SIGNATURE FORENSIX. NO PROVISIONS HEREOF SHALL BE CONSIDERED WAIVED OR AMENDED EXCEPT IN WRITING BY BOTH THE CLIENT AND SIGNATURE FORENSIX, LLC. WE AGREE THAT IF THERE IS ANY TERM HEREIN THAT IS DEEMED ULTIMATELY TO BE UNENFORCEABLE, THAT SAID TERM OR TERMS SHALL BE SEVERED OFF AND THE REMAINDER OF THE AGREEMENT PURSUANT TO MICHIGAN STATE LAW SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT TOGETHER ENCOMPASSES ALL OF THE TERMS OF THE FINANCIAL ARRANGEMENTS BETWEEN THE CLIENT AND SIGNATURE FORENSIX, LLC (SF) AND CAN NOT BE MODIFIED, EXCEPT IN WRITING AND SIGNED BY BOTH PARTIES. BEFORE SIGNING OR ACCEPTING & AGREEING TO, PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND ALL OF THE CONTENTS. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND, ASK ABOUT IT.

Edition: 2020.12.04



TAR

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