StatementOfWork_Language_v1.txt

Notice Under 18 USC 1030 & Notice Regarding Criminal Charges
Client agrees to inform all proper parties and authorities [including any and all third parties who may be affected] as required in order to conduct services as outlined in this SOW including but not limited to penetration tests and agrees not to file a complaint with legal or public authorities for the penetration testing. Furthermore, Client agrees to come to the aid of ConsultingCompanyName if the local police, sheriff, FBI, FTC, or other governmental agency should detain or question them in any manner during the course of services being provided under this SOW. The Client agrees to defend and hold ConsultingCompanyName harmless from any civil or criminal liability or damage arising from the performance of services under this SOW including but not limited to claims for violations of property trespass, breaking and entering, privacy laws, and criminal computer laws including but not limited to 18 USC 1030 and any federal, state or local laws. Furthermore Client shall indemnify and hold ConsultingCompanyName harmless for any and all claims, damages, expenses and liabilities to any third party which may arise as a result of such services being performed under this SOW.

Client understands that a breach of this provision may result in criminal charges being filed against ConsultingCompanyName, and therefore agrees, if Client, directly or indirectly, fails to properly inform all necessary parties and authorities in violation of this section, Client will pay to ConsultingCompanyName $25,000 for each one of ConsultingCompanyName’s employees/contractors/agents that have criminal charges brought against them, as liquidated damages, plus all reasonable costs that ConsultingCompanyName incurs in providing a qualified legal defense, including, but not limited to all reasonable legal fees.  Client and ConsultingCompanyName agree that this amount represents the best estimate of ConsultingCompanyName’s expected actual losses and damages including, but not limited to, foregone business opportunities, loss of reputation and other incidental and consequential damages.  Client acknowledges that this amount is not a penalty. This section survives the termination of this SOW.