These Standard Terms and Conditions are binding and shall apply to all contracts for services between the parties to the Matter assigned to and undertaken by RTI Group, LLC (RTI) unless otherwise agreed to in writing. Any changes to these Standard Terms and Conditions must be made in writing and signed by RTI, and if these Standard Terms and Conditions are at variance with any written communication, these Standard Terms and Conditions shall prevail, unless modified in writing and signed by RTI. “Client”, “you’, or “your” means the person or entity appearing on the RTI letter of Engagement, and your successors and assigns.
Fees. Upon request, time and expense estimates may be provided as a courtesy for budgeting purposes and both parties understand that deviations may occur. Rates quoted are based upon RTI's current schedule of professional fees and expenses and are firm for sixty (60) days. Thereafter, RTI reserves the right to amend the current schedule. Fees are based on a time and materials basis. Travel time is billed on a portal-to-portal basis including delays.
Expenses. Non-labor travel-related expenses (e.g., airfare, hotels, etc.) will be billed at cost plus five percent (5%). All other expenses, such as subcontracted messenger or delivery services, lab testing and the like, will be billed at cost plus twenty percent (20%). Trial equipment, flight simulator, forensic laboratory equipment use, and graphics production services will be charged at RTI’s published rates. The Client shall be responsible for time and travel expenses incurred by RTI in the event that a meeting, site visit or other Matter travel is canceled or rescheduled.
Payments. RTI will unless otherwise agreed, submit monthly statements indicating outstanding fees and expenses. Payments are due upon receipt. Payments may not be split between parties unless a written agreement that includes all payors contact details is presented and accepted by RTI. The Client shall be fully responsible for timely payment regardless of whether or not the Client may be entitled to reimbursement therefor from a third party. RTI may withhold testifying, delivery of reports, data or other work product pending full payment of all charges. Any outstanding accounts beyond sixty (60) days will be subject to a stop work order. RTI also reserves the right to contact any third-party payer in the event that invoices remain unpaid sixty (60) days after issuance. Laboratory, Evidence Handling, and UAS Drone services require pre-payment or payment via credit card at the time of execution.
Responsibility for Cost Incurred. RTI will submit invoices for charges accrued on a time and material basis. RTI's Client is responsible for all costs incurred during the course of requested and authorized services provided by RTI (including, but not limited to, all work done by RTI, preparation for and attendance at depositions, document compilation, and review in response to subpoenas and the like). Under no circumstances is that financial liability transferable, in whole or in part, to any other party, except upon RTI’s written authorization.
Subpoena or Request for Information. In the event that RTI receives a subpoena or request for information from a third party, the Client will be advised before any appearance or response is provided. If the Client expects that other parties should be responsible for invoices in connection with such appearance or response, arrangements must be made through the Client with RTI well in advance with appropriate retainers obtained when/as requested, otherwise the Client assumes the responsibility for time and expenses involved in any appearance or response provided.
Communication. All communication whether verbal, electronic or otherwise including file material in digital form transferred/mailed must be directed to the Project Manager or Technical Advisor assigned to your matter. If communication or file transfers are conducted outside of RTI’s communication policy, RTI will not be held liable for breach of confidentiality and the expert will be void of business insurance coverage. Should the policy be violated and RTI is subpoenaed or there is a request for information, RTI is not liable for unaccountable material.
Should your matter status change whereby work is to be placed on hold, billing is to be placed on hold or the matter has settled or closed, an emailed Status Change Notice must be received by the Project Manager. If the Project Manager is not notified activities conducted will be your responsibility for payment. Should the status of the matter return to being active, an emailed Status Change Notices must be received by the Project Manager providing a description of activities to be performed. Notifying any other RTI representatives of a Change of Status will not be accepted. The Status Change Notice must be emailed to email@example.com
Removal of Items from a Site. Generally, RTI will only remove items from a scene or site with the permission of the owner or the owner’s authorized agent. If RTI is unable to obtain permission to remove items at the time of a site visit, the Client may be required to obtain that permission.
Identifying and Notifying Other Interested Parties. In some situations, the removal of items from a site is accomplished after notice to/from, and inspection by, other interested parties. However, it is not always possible to identify and notify all interested parties immediately after an incident. The duty to identify and notify other interested parties of an impending site or evidence examinations and evidence removal is strictly and entirely the responsibility of the Client. RTI does not assume responsibility for identifying or notifying other interested parties of the availability of potential physical evidence items at a site or the anticipated removal by RTI of such items. RTI will advise the Client if, in its judgment, third parties should be identified and notified before evidence is removed from a site.
Third Party Custodians. Some situations require that evidence items be held by or entrusted to a third party. You authorize RTI to utilize the services of others to transport and/or store items of interest where circumstances require. In such situations, RTI will promptly request your instructions as to the further handling of items held by third parties.
Storage and Disposal. If RTI receives or removes evidence or items of interest, RTI will provide you with an inventory of those items upon request. RTI will store such items pending your instructions as to further handling or disposal. RTI will provide storage for items on a quarterly basis with storage charges due in advance or register for a monthly automatic withdraw subscription and at a rate determined by RTI. It is the sole responsibility of the Client to determine when and whether these items should be ultimately disposed of. Because other parties may have an interest in examining or preserving the items, it is the Client’s sole responsibility to identify such parties and to notify them of the anticipated disposal of evidence items. RTI may periodically request your instructions as to continued storage of items. You should consult with your counsel before authorizing RTI in writing to dispose of items that may constitute physical evidence.
Responsibility for Storage Fees. In the event that any outstanding invoice for storage fees remains unpaid sixty (60) days after issuance, or if you do not respond to RTI’s periodic request for instructions as to continued storage within sixty (60) days, you authorize RTI to either return the evidence to you or to dispose of the evidence, at RTI.’s sole discretion.
Challenge of Qualifications. In the event that a challenge is raised to the qualifications of any RTI employee or consultant, or to the methodology or admissibility of any opinions of any RTI employee or consultant, in any action or proceeding, including, but not limited to, motions to exclude or in limine or Daubert/Frye challenges, the Client agrees to immediately notify RTI and to permit and enable RTI and/or its counsel to become involved in the defense of such challenge and to participate fully in any hearings or the preparation of written submissions or filings relating thereto. Such involvement and participation will be at the Client’s expense unless otherwise agreed. The Client agrees to cooperate fully with RTI in the defense of such challenge.
Confidential Matters. RTI will hold in strict confidence all information and materials disclosed or provided to RTI. RTI will exercise the same standard of care to protect retaining counsel's confidential data as is used to protect its own proprietary data from unauthorized disclosures.
Limitation of Liability. RTI shall not be liable under any contract except where damages are occasioned by the gross negligence of RTI or its employees or consultants. In no event, shall RTI’s liability exceed the total contract price under which RTI’s services have been performed. In no event, shall RTI be liable for incidental or consequential damages of any kind.
Cancellations. Work under the Agreement may be terminated by Client or RTI for just cause. Just cause includes development of a material conflict of interest, judicially required participation in onerous discovery or other legal process outside the intended scope of the work, the presence of circumstances beyond the control of RTI such as natural disasters or government intervention or failure of Client to pay amounts due RTI in a timely manner. Termination by Client must be in writing and delivered to RTI at 401 Log Canoe Circle, Stevensville, Maryland 21666.
Modification/Amendment. Any modification or amendment of these Terms and Conditions must be made in writing and signed by the parties hereto, and no action or inaction of a party shall be deemed a waiver of any term or condition unless expressly set forth in writing by such party. These Terms and Conditions and any agreement between the parties relating to the Matter shall be governed solely by the laws of the State of Maryland.
Construction/Mediation. Venue and jurisdiction for any legal action related to or brought pursuant to this agreement shall be exclusively in the Maryland State Courts in Annapolis. For purposes of any such judicial proceedings, Client hereby irrevocably consents, submits and waives any and all objections to the personal jurisdiction of the state courts of the State of Maryland. The agreement between the parties hereto, and any and all claims arising therefrom, shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Maryland.
- Work for Hire. The parties acknowledge that the works created hereunder are “works for hire” as that term is understood pursuant to the Copyright laws of the United States and ownership of the works and the copyrights thereto belong to the Client, provided, however, RTI retains the right to use the work product created hereunder pursuant to sections B and C herein.
- Reservation of Rights as to Derivative Works. RTI reserves the right to reuse the processes used to create the works provided hereunder to create derivative works for itself and other Clients, provided such derivative works do not disclose confidential or proprietary information of Client. RTI expressly reserves for itself all rights available at common law or under the Copyright laws of the United States to use, license, sell, or otherwise dispose of, such derivative works as it shall see fit and reserves for itself a fully-paid license to use such materials for its internal purposes.
- The Scope of Work. The parties hereto expressly acknowledge and agree that the works to be delivered hereunder are limited by the “Letter of Engagement” and/or the scope of work agreed upon in writing between the two parties and the Client has no direct or residual rights to any source code, enabling technology, information, or other processes pursuant to which the scope of the work product would be expanded, without expressly modifying this agreement and the consideration provided hereunder.