Terms of engagement
How we work with clients.
Every engagement is governed by a letter of engagement and a statement of work agreed with the client. This page summarises how that works so that you know what to expect before you instruct us. It is a summary only: the signed letter of engagement and statement of work form the contract, and where they differ from this page, they prevail.
Who you are contracting with
Services are provided by TKM Technologies Limited, a company registered in England and Wales under company number 03454549, with its registered office at Suite C, City House, 96a High Road, Nottingham NG9 2LF, United Kingdom.
How an engagement is formed
We agree a letter of engagement setting out the general terms, and one or more statements of work describing the services, scope, deliverables, fees and timescales for a particular matter. Together they form the agreement. We provide only the services agreed in writing, and additional work is agreed through a further statement of work. Before accepting an instruction we carry out a conflict check.
Standard of work
We perform our services with reasonable skill and care and in accordance with good industry practice. Forensic work is carried out in accordance with accepted digital forensic principles so that, where appropriate, the evidence and findings can be relied upon in legal, regulatory, arbitral or disciplinary proceedings.
Fees and invoicing
Fees, any estimates or fee caps, and disbursements are set out in each statement of work. Fees are exclusive of VAT and other applicable taxes. We invoice monthly in arrears or at the conclusion of the engagement, and invoices are payable within 30 days.
Confidentiality
We keep confidential all non-public information received in the course of an engagement, including all digital evidence and information collected or analysed, and use it only for the purposes of the engagement. This obligation survives the end of the engagement. If we receive a legal demand for confidential information, we tell the client promptly unless we are legally prohibited from doing so.
Materials supplied for examination
The client confirms that it owns, or has the right to possess, the equipment, media and data it supplies to us; that they are supplied for a lawful purpose; and that their collection and transfer to us complies with applicable law. Materials may already be damaged or corrupted before they reach us, and we do not accept responsibility for pre-existing conditions. If during an examination we encounter material whose possession we reasonably believe to be unlawful, we reserve the right to report it to law enforcement.
On request, or at the end of an engagement, we return, delete or destroy the client's materials at the client's direction. Materials not claimed within three months of the conclusion of our work may be destroyed under our data destruction policy.
Termination
The client may end an engagement at any time on written notice, paying for services provided up to that date. Either party may terminate for an unremedied material breach. Confidentiality, payment obligations and limitations of liability continue after termination.
Liability
Our liability is limited as set out in the letter of engagement. Nothing in our terms limits or excludes liability that cannot lawfully be limited.
Data protection
Each party complies with applicable data protection law, including the UK GDPR and the Data Protection Act 2018. Where we process personal data in the course of an engagement, we do so for the agreed purposes only and in accordance with the data protection provisions of the letter of engagement. The client is responsible for ensuring it has the necessary lawful basis to supply personal data to us. Our privacy notice describes our handling of personal data more generally.
General
We do not subcontract our services without the client's prior written consent. The agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
Getting started
To discuss a matter, contact us at info@tkmtechnologies.com or on +44 1773 770 267. Initial conversations are confidential and without obligation.