While retaining the services of Équipe Microfix (“ÉM”) for the purposes herein, the client accepts, agrees and covenants that the information contained in any and all reports delivered by ÉM is provided and transmitted to the client for information purposes only, as such information actually appears on the Dark Web. ÉM makes no representation or warranty in connection with the information contained in its report. The client accepts and agrees that ÉM cannot guarantee that the information concerning the domain name(s) questioned and discovered on the Dark Web, is the only information that relates to the domain name(s) of the client. There may be other information, which ÉM cannot access to. In addition, the customer acknowledges and accepts that it is impossible for ÉM to ascertain whether there was information relating to the client’s domain name before the date at which ÉM carried out its first search in connection with the domain name of the client, at the client’s request.
The information found on the Dark Web concerning the client’s domain name (s) and contained in the client’s report provided by ÉM means only that such information is for sale and that the same can be purchased by anyone who browses the Dark Web. ÉM does not collect passwords in their entirety, nor any other confidential information, only what is publicly listed. ÉM makes no representation or warranty as to the accuracy of the information found and gathered in its report. The client accepts and acknowledges that it is not ÉM’s duty to eliminate, remove or render unattainable the information relating or linked to the client’s domain name and found on the Dark Web. Consequently, the client releases ÉM from any and all liability and damages resulting from the presence on the Dark Web of information relating to the client or that of any person using a client’s domain name or resulting from the impossibility for ÉM to uncover such information on the Dark Web. In addition, the client releases ÉM from any and all liability and damages whatsoever resulting from any of the uses the client chooses to make of the report provided by ÉM and expressly waives all rights and remedies in such regard against ÉM. The client uses the report provided by ÉM at its own risks.
The client acknowledges that ÉM has the right to increase the pricing agreed with the client for the services under this contract. If ÉM elects to increase its pricing at any and all times whatsoever, it must first notify the client in writing and provide the client with the information relating to such price increase. The customer shall then be authorised to unilaterally terminate its contract with ÉM, without penalty or damage, by sending ÉM a written notice of termination within fifteen (15) days of the date of the increase notice, using the termination form supplied by ÉM. The failure by the client to respond before the expiry of the time frame allowed to terminate the contract shall be deemed an acceptance on the part of the client with respect to the increase in the rates of ÉM.
The client accepts and agrees that browsing the Dark Web is a technically complex task and that it is difficult for the general public to access. Certain areas of the Dark Web may be inaccessible to ÉM. Consequently, the client accepts and acknowledges that ÉM, in certain circumstances, is unable to produce any report with respect to certain domain names and the client expressly waives any recourses or claims against ÉM in this regard.
If Équipe Microfix is unable, for any reason whatsoever, to produce a monitoring report, the client shall be notified of such inability and refunded. However, there shall be no refund once the report has been delivered in accordance with the Delivery Policy set out below. Équipe Microfix shall not be held responsible for any dissatisfaction regarding the nature, content or accuracy of any information discovered on the Dark Web.
Dark Web monitoring reports are sent to the client within 48 working hours of payment. Any report that has not been issued within that time shall be delivered free of charge to the client, unless the unusual delay results from the inability to produce it.