Welcome to Mibiz Cyber Forensics Laboratory. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the http://www.mibizsys.com (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
Alina & Reji Consultants India Pvt Ltd is a Private Limited Company having its Registered office at Tattvamasi, Pazhakutty Post, Nedumangad, Thiruvananthapuram, Kerala - India - 695561 and Cyber Forensics Laboratory: Kedaram Shopping Complex, Kesavadasapuram, Thiruvananthapuram, Kerala - India – 695004 (hereinafter referred to as “We”, “Us”, “Mibiz Consultancy Services” "Mibizsys" "Mibiz Cyber Forensics" "Mibiz Cyber Forensics Laboratory" “Mibiz Data Recovery Lab” or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You” or “Your”) use of the Platform (defined below) is subject to the notices, terms and conditions set forth in these Terms of Use. The domain name “mibizsys.com” the mobile application (hereinafter collectively referred to as the "Platform") is owned by Alina & Reji Consultants India Pvt Ltd. Your use of the Platform is governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. You acknowledge and agree that you shall be subject to the policies that are applicable to the Platform and by mere use of the Platform, You shall be contracting with Alina & Reji Consultants India Pvt Ltd and these terms and conditions including the policies constitute your binding obligations with Alina & Reji Consultants India Pvt Ltd.
Please read carefully the following Terms of Use. By Registering for, Accessing, Browsing, Downloading, Placing Orders, Making Payments, Uploading or Using the Mibiz Cyber Forensics Platform, you acknowledge that you have read, understood, and agree to be bound by the following Terms and conditions, including any additional guidelines and future modifications (Collectively, The "TERMS"). If any time you do not agree to these terms, please immediately terminate your use of Mibiz Cyber Forensics Platform. By accessing or using the website or by using the Service, you agree to be bound by these terms and conditions set forth below. The Terms and Conditions (the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service (“Registered User”/”You”) and Alina & Reji Consultants India Pvt Ltd.
What we do?
We provide a Platform - Mibiz Cyber Forensics Platform
Mibiz Cyber Forensics is a startup company registered with the Department of Industrial Policy & Promotion (DIPP) and it functions as a Non-Stp unit under the Software Technology Parks of India (STPI). The Company has been incubated from the Kerala Startup Mission (KSUM) ecosystem and it received Seed Fund assistance from the Kerala State Industrial Development Corporation (KSIDC) & the Project is funded by the Kerala Financial Corporation (KFC). The Centre for Development of Advanced Computing (C-DAC) the premier R&D organization of the Ministry of Electronics and Information Technology (MeitY), Government of India is one of Mibiz Cyber Forensics Technology solution providers. Mibiz is a Member of the Confederation of Indian Industry (CII). The Project Mibiz Citizen Advisor e-Services Platform is a tribute to Dr. A.P.J Abdul Kalam. It is based on the scientific study – "Knowledge Village India" which was submitted to Dr. A.P.J Abdul Kalam. The study recommends "Knowledge economy" to develop India as a global power. Cyber Security & Cyber Forensics is one of the verticals of Citizen Advisor Platform. Mibiz Cyber Forensics Laboratory is a premium organization in Cyber Security, Investigation & Intelligence services.
Digital Forensics is a branch of forensic science that focuses on identifying, acquiring, processing, analyzing and reporting on data stored on a computer, digital devices or other digital storage media. The computer, digital device or other digital storage system which holds valuable data for investigation is known as electronic evidence. Such examples are laptops, Smart Phones, servers, Digital Video recorders, CCTV systems, drones, GPS systems, and game consoles. Mibiz Cyber Forensics Laboratory Media Assessment Form (MAF), Service Request Form, Exhibit Registration form, Case Registration Form, Data Acquisition Worksheet etc makes the forensic evidence in Investigation into a new digital era in India. The main goal of digital forensics is to extract data from the electronic evidence, process the data into useful information and present the findings for prosecution. All processes involved, therefore, should utilize sound forensic techniques to ensure that the findings are admissible in court.
Services Offered
Mibiz Cyber Forensics services include Disk Forensics, Mobile Forensics, Cyber Auditing, Network Forensics, Live Forensics, Innovation & Consultancy, Training. The Consultation will be a free service whereas the Project execution is a Paid Service. Mibiz Cyber Forensics Laboratory provides innovative fast track service(s) in Cyber Security. Mibiz Cyber Forensics Laboratory performs Data acquisition for Digital evidence, Data Recovery, Analysis & Reporting. Windows Live Forensics involves acquisition of volatile data from live system of the suspect’s machine and analysis of the acquired data. Cyber Auditing is performed on suspect’s machine periodically to understand whether cyber security policies are complied with or not. Network Forensics performs packet analysis, log analysis & email tracing.
Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent / permission of a parent or legal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Mibiz Cyber Forensics reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Mibiz notice or if it is discovered that you are under the age of 18 years and transacting on the Platform.
Your Account and Registration Obligations
If you use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that Mibiz Cyber Forensics shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.
By ordering and/or availing services from Alina & Reji Consultants India Pvt Ltd., Customer agrees to the following terms and conditions:
The Service Agreement
Customer agrees that Mibiz Cyber Forensics ("Alina & Reji Consultants India Pvt Ltd") and/or its suppliers may inspect, analyze, identify the problem, and /or recover or minimize the damage to, the equipment data/media and/or provide other relevant services as may be requested by the Customer.
Upon payment of media analysis charge or as agreed between Mibiz Cyber Forensics and Customer, Customer may submit his/her data storage device or media to Mibiz Cyber Forensics along with completely filled MAF to initiate the data recovery process and Mibiz Cyber Forensics will engage reasonable efforts and appropriate tools and techniques to analyze storage device or media for possibility of data recovery. Due care would be taken while estimating the recovery percentage/possibility; however, same is subject to change due to inherent risk involved in the job. Mibiz Cyber Forensics would provide Customer with a report/quotation for the actual recovery work along with other terms by e-mail. On receiving written confirmation by e-mail or in any other manner except verbal thereby agreeing with the terms of quotation from the Customer, Mibiz Cyber Forensics would proceed with the data recovery process and on completion would send the detail directory list in text file or HTML form to Customers e-mail address registered with Mibiz Cyber Forensics or alternatively Customer or their duly authorized representative may visit Mibiz Cyber Forensics and can verify the data.
Customer acknowledges and agrees that him/her/them not responding to Mibiz Cyber Forensics’ communications and/or quotations and /or directory listings and /or verification forms and / or not doing verification within 15 days from the date of sending
communication/quotation/directory listing/ verification by Mibiz Cyber Forensics, will automatically entitle Mibiz Cyber Forensics to raise an Invoice against the advance amount received and will further entitle Mibiz Cyber Forensics to raise a further invoice for the rest of the amount agreed including for data recovered by Mibiz Cyber Forensics irrespective of the fact that the customer requires the data or not later on. Mibiz Cyber Forensics shall also consequently move the device and/or media and/or data in unclaimed section.
In case, the Customer does not respond to the first communication sent by Mibiz Cyber Forensics informing them about the data recovery and Directory Listing within 15 days of the receipt of the same or unnecessarily delays on one pretext or another to collect the recovered data, Mibiz Cyber Forensics would be constrained to raise invoice against the advance received and further raise a performa invoice for rest of the amount as agreed by the Customer for data recovery irrespective of the fact whether the customer wants the data or not and the customer shall be under obligation to pay the invoice so raised within the time prescribed therein.
If Mibiz Cyber Forensics provides hard disk for copying the customer’s recovered data then only 500GB of data will be encrypted and not above it. However, if the customer provides his own hard disk for copying the recovered data, it would not be encrypted.
Mibiz Cyber Forensics will recover data as mentioned by the Customer but does not guarantee the same. In case, after initial requirement has been fulfilled by Mibiz Cyber Forensics and the Customer again makes a request for additional after verifying the data and before taking the data, then the Customer shall make the payment for data already recovered apart for the payment of additional data which will be treated as fresh request / order.
The request for recovery of additional data, shall be made within a period of 30 days after the data has been extracted by Mibiz Cyber Forensics and informed to the Customer. Mibiz Cyber Forensics would make possible efforts to help Customer with the additional data request but cannot guarantee the recovery of the same.
NO RECOVERY NO CHARGE POLICY* is extended in case of only those files and folders mentioned by the customer in MAF Form. "ALL DATA" or "FULL DATA" or similar type of notification in MAF Form shall not be covered under this policy.
(*) NO RECOVERY NO CHARGE POLICY is not applicable for Mobile/Tablet/iPhone Recovery.
Customer shall exercise due care and caution while handing over the media for recovery and filling up of MAF. Mibiz Cyber Forensics is not responsible for any wrong media sent and /or the user for whom recovery was requested is no longer working or interested in the data, etc.
Customer shall pay the ordered amount value for recovering the data whether the same is required or not.
In case the customer fails to collect the data within 15 days of raising of final invoice for data recovery by Mibiz Cyber Forensics, then all data from media would be wiped out and media would be junked and the Customer shall have no right whatsoever on the media.
In case verification of data is not done by the customer after the directory listing is sent to the customer and he/she fails to verify the same within 60 days, then Mibiz Cyber Forensics would delete all the data, junk the hard disk and raise invoice for the advance amount so received without further reference to the customer and the customer shall be liable to pay the balance / entire amount for services of data recovery.
In case the customer knowingly or unknowingly, hands over wrong media / hard disk for recovery and later on after seeing directory listing realizes the same, then also the customer shall be bound to pay the entire invoice amount for data recovery services irrespective of whether or not he/she takes the data / hard disk / media.
The customer is bound to make the payment of entire invoice amount once the recovery is attempted and made by Mibiz Cyber Forensics irrespective of the fact that the data on the hard disk / media provided may or may not be required by the customer any longer.
On receipt of agreed data recovery charges/signing of credit facility format/work order payment term/rate contract payment term, Mibiz Cyber Forensics would dispatch the data in appropriate media followed by Customer's crashed storage media/disk or as requested.
Any device, media and /or data unclaimed or left with Mibiz Cyber Forensics with or without full payment after 60 days from the date of signing MAF or submission of Job will be disposed at discretion of Mibiz Cyber Forensics and would release Mibiz Cyber Forensics from any obligation of confidentiality related to the device, media and/or data and Customer ceases the right of ownership to that media.
Acknowledging Existing Conditions
Customer acknowledges that the device and/or media being given to Mibiz Cyber Forensics may be damaged prior to its receipt by Mibiz Cyber Forensics. In spite of processing, received crashed storage media with best of available technology and processes, the efforts may result in the destruction of or further damage to the device, media and/or data. Mibiz Cyber Forensics regret that it will not assume any responsibility for further damage that may occur to the Customer's device, media and/or data. Please note that Mibiz Cyber Forensics is only committing to reasonable efforts with its existing technology and techniques. However, Mibiz Cyber Forensics cannot promise or guarantee particular results.
The customer understands that it is not possible to ascertain the true condition of the media / hard disk when the same is collected / delivered. The Customer acknowledges and accepts that the determination by the Mibiz Cyber Forensics of the condition of media / hard disk (viz. whether the same is damaged or tempered) after examining the same at the lab shall be final and binding on him/her.
Confidentiality
Mibiz Cyber Forensics will use any information contained in the device and /or media only for the intended purpose and will otherwise keep such information disclosed by the Customer under this agreement in the strict confidence. Mibiz Cyber Forensics will ensure reasonable measures to prevent unauthorized disclosure of Customer's data of the same degree as ensured by Mibiz Cyber Forensics in protecting its own confidential information. Mibiz Cyber Forensics will not disclose this information to any person(s) except to the authorized representative/contact person of the Customer or as required by law. Mibiz Cyber Forensics being global organization, Customer hereby agrees to the transfer of information, device and/or media to its other locations for the sole purpose of fulfilling the agreement.
Upon realization of data recovery charges Mibiz Cyber Forensics will ensure wiping beyond recovery the data within 7 working days, which will release Mibiz Cyber Forensics from confidentiality of data.
No warranties; Disclaimer of all warranties
Customer agrees to avail Mibiz Cyber Forensics data recovery services, at its own risk. Mibiz Cyber Forensics do not extend any express, implied, statutory warranty or condition for any good or service and specifically disclaims all implied warranties including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose or warranty of accuracy arising from the usage of trade or course of dealing or performance.
Mibiz Cyber Forensics would not be responsible for any loss or damage due to natural disasters at Mibiz Cyber Forensics Data Recovery facility or Mibiz Cyber Forensics Customer Service locations.
Customer Declaration
Customer hereby declares that the data residing inside the media submitted for data recovery does not have any commercial value nor it is readily saleable in the open market.
Customer hereby declares that he will not use any of Mibiz Cyber Forensics forms and receipts in court of law for any legal proceedings neither as an evidence nor subject to serve any other purpose.
Customer declares that all the risks and liabilities on account of action of any eavesdropping, tapping or similar kind of activities done by the Customer vests with him/her/them only and Mibiz Cyber Forensics is in no way responsible or associated with it and the Customer agrees to indemnify Mibiz Cyber Forensics for any action initiated against them.
Limitation of Liability and Damages
In no circumstances Mibiz Cyber Forensics will be liable for any indirect damages whatsoever. The total liability of Mibiz Cyber Forensics to the Customer under this service agreement shall in no circumstances exceed the media cost as per market value.
Mibiz Cyber Forensics would not be responsible for any loss, damage or theft of media and/or data while it is in transit including but not limited to Mibiz Cyber Forensics free media/data pickup and drop service between Mibiz Cyber Forensics & Customer location AND any movement of media/data that is sent to any of Mibiz Cyber Forensics' designated data recovery facilities by a Mibiz Cyber Forensics customer service location. This limitation remains irrespective of the fact whether the media and/or data is handled by Mibiz Cyber Forensics employees or an outsourced agency.
Customer's Representation and Indentification
Customer certifies to Mibiz Cyber Forensics that it is the legal owner of, and/or has the right to be in possession of, the device, media and/or data furnishing to Mibiz Cyber Forensics for data recovery and its collection, processing and transfer of such device, media and/or data is in compliance with data protection laws to the Customer/is subject and Customer will defend at its own, expense, Indemnify and hold Mibiz Cyber Forensics harmless against any damages or expenses that may occur including attorney's fee and pay any cost, damages or attorney's fees declared against Mibiz Cyber Forensics resulting from Customer's breach of this section.
Terms of Payment
Customer hereby agrees to pay all sums as agreed within specified time limit, which will typically include charges for availing Mibiz Cyber Forensics data analysis services, data recovery services, imaging, cloning, statuary charges and any other charges that are payable in advance or at the time of data delivery or accrued to Mibiz Cyber Forensics on any default by the Customer at any stage/communication during the data recovery process within 30 days from the date of media/case getting "unclaimed status" as mentioned in the quotation.
Customer agrees that Mibiz Cyber Forensics may charge interest on all amount not paid within an agreed time mentioned in quotation at the rate of 1 % per week.
Customer hereby agrees & indemnifies that the work order/ PO/ confirmation being placed to Mibiz Cyber Forensics for availing/ purchasing any of the services/ product is irrevocable.
Under all circumstances, customer hereby agrees to pay the entire amount for which the customer has given confirmation on quotation via e-mail/ written consent or raised PO for the required services.
Customer understands and acknowledges that Mibiz Cyber Forensics has full right and is entitled to approach the appropriate forums including courts, arbitral tribunal, etc, for recovery of the amount, in case the customer fails to makes the payment within 15 days of raising of final invoice by Mibiz Cyber Forensics.
Compliance with Laws
The parties agree that this agreement shall be governed by laws and regulations of Thiruvananthapuram where registered office of Mibiz Cyber Forensics is located. Customer agree to comply with all applicable laws, statues, ordinances and regulations of the Thiruvananthapuram, Kerala. India. This agreement, together with any exhibits or other attachments, constitutes the entire agreement between the parties in relation to this subject matter. No provisions in work order’s or in any standard business form/communication of the Customer will apply and this agreement supersedes the same.
Severability
If any clause of this agreement is held invalid, illegal or unenforceable, such provisions shall be enforced to the fullest extent permitted by applicable law and the validity, legal status and enforceability of the remaining clauses shall not be affected thereby.
Demurrage Charges & Disposal Policy
Customer ceases the right of ownership of his/her media if the media is left unclaimed at Mibiz Cyber Forensics premises for 60 days either from the date of media receipt in case of all unconfirmed media or from the date of listing being sent to customer. However for the first 15 days there will be no demurrage charges applicable, from the 16th day till 60th day, demurrages charges of Rs.200 per media per day will be levied. To ensure data confidentiality of the customer data for all the media which are not claimed by the customer irrespective of the recovery results the media would be sent to our Central Depository for physical destruction of the platter thus ensuring data confidentiality which in turn are send to E-waste zone periodically as a part of contribution to safer and green environment.
Analysis Fee
Analysis Fee is fee for analyzing your media device, and is nonrefundable. This will not be adjusted in your actual data recovery fee. In case you had used any third party software or window encryption your media device or it found to be in tampered state, analysis fee will vary. We'll communicate final analysis fee to you, once we receive your device. Your initial payment of analysis fee will be adjusted in your final analysis fee.
Media Pick Up
Service for pickup of media from the doorstep is an optional service and may be availed by the Customer at no additional cost.
In most cases the pickup is arranged in 2-3 working days. However, if the pick-up of the media is not done within 2-3 days, the customer is required to drop the packet containing media at the nearest Bluedart Center or send the same by courier to the nearest Mibiz Cyber Forensics Branch within 15 days thereafter.
Even in cases where the pickup requested by the customer is not done and/or customer does not drop the media at Bluedart Center and/or send the same by courier to the nearest Mibiz Cyber Forensics Branch, the Analysis Fees paid by the customer shall neither be adjusted nor refunded.
On the receipt of the media by the Mibiz Cyber Forensics, the analysis of the media is likely to be completed between min 4 hours to max1 business day.
Dispute Settlement
All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of competent courts in Thiruvananthapuram, Kerala.
Arbitration
All disputes between the parties relating to this agreement or the rights or obligations of the parties hereto or arising out of or in relation to this agreement, shall be referred to a Sole Arbitrator duly appointed by Mibiz Cyber Forensics, for decision whose award shall be final and binding on both the parties in accordance with the provisions of Arbitration and Conciliation Act, 1996.
Contacting Us
You can reach out to us at Helpdesk Number +91 0471 272 67 77 India | +91 9656 20 55 00 Worldwide and info@mibizsys.com
You can choose to contact us for any dispute, orders, and payments on our platform.
