1. Scope
This document provides supplemental information and terms that apply to Professional Services. All capitalized terms used but not otherwise defined herein will have the meanings given to such terms in DISCO’s Terms and Conditions as well as the Order governing Customer’s use of Professional Services.
2. Offering Description
Standard Professional Services. DISCO will provide Professional Services as contracted from time to time pursuant to an Order at the rates provided in such Order. DISCO Review will be provided pursuant to an Order for DISCO Review. Unless otherwise specified, DISCO will bill for services in ¼-hour increments, plus any actual out-of-pocket expenses.
Billing Metric
Hourly: Services charged by hour in increments as noted above (or as otherwise specified in the Order).
Device: Any hardware that stores electronic data that may be subject to collections, preservations, and data analysis including but not limited to computers, laptops, smartphones, tablets, external hard drives, USB drives, and other digital storage devices.
Mailbox: An email account used for communication and data storage.
Account: Any digital or online profile that stores data.
Data Type: Form of data which can include (but is not limited to) databases, spreadsheets, emails, chat messages, documents, images, metadata, audio files, and video files.
3. Professional Services Offerings
| Services Offering |
Description |
| Project Management |
Executing tasks in the Software on behalf of Customer, for example setting up tags, folders, searches, review stages, and search terms; running productions; moving data between Active Review, ECA, and Vault; training; custom reporting; and general consulting on workflows and best practices regarding Ediscovery and the Software. |
| Data Operations |
Performing data-related tasks, for example creating new databases, ingesting data and resolving ingest exceptions, data and load file remediation, overlays, culling, archiving, custom data manipulation, custom reporting and Case Builder deposition imports. |
| DISCO Review (as provided pursuant to an Order for DISCO Review) |
- Responsiveness review
- Privilege review, including preparation of draft privilege logs
- Redactions (whether for privilege or confidentiality)
- Review management
|
| Review Consulting |
Consulting services related to DISCO Review including items like protocol design and workflow guidance (AI consulting addressed separately below) etc. |
| AI Consulting |
- AI workflow design (especially in the context of TAR 1.0 and TAR 2.0 matters)
- AI consulting matter support
- Monitor review progress (including reporting on relevant metrics like recall and precision)
- Analyze AI model training over the course of the review
- Advise on validation sampling and defensibility cutoff
- Meet & Confer support
- Review and provide AI-related feedback for ESI protocol
- Advise on AI-related negotiation items
- Comment on opposing’s TAR protocol or AI-related proposals
|
| Deposition Summary Services |
Annotating deposition transcripts in Case Builder and/or providing summaries of transcripts. |
| Consulting |
Consulting on best practices for applying DISCO technology. Consulting on related topics, technologies, and solutions beyond the DISCO products. |
| Forensic Consulting |
Forensic consultation includes forensic best practices, review of forensic ESI protocol, review of forensic technical reports, forensics consulting expert time, etc. |
| Forensic Collection & Analysis Services (Remote & In-Lab) |
Forensic scoping, coordination, collection, and analysis of cloud & traditional ESI sources. |
| Expedited Forensic Collection & Analysis Services (Remote & In-Lab) |
Expedited forensic scoping, coordination, collection, and analysis of cloud & traditional ESI sources. All flat-rated services will be double the listed rate. |
| Forensic Travel Time |
Time spent while traveling to perform forensics services. |
| Forensic Expert Testimony |
Testifying in depositions, arbitrations, or in court; time spent preparing for testimony or reviewing testimony; preparing written depositions, affidavits, declarations, or testimony. |
| Forensic Capture of Webmail Account |
Remote collection of standard web-based email accounts. |
| Forensic Capture of Microsoft O365 data types |
Remote collection of Microsoft Exchange mailbox, Teams, OneDrive, or SharePoint site via Microsoft Purview Compliance (O365). |
| Forensic Capture of Google Workspace data types |
Remote collection of Google Gmail mailbox, Drive, Shared Drive, or Chat via Google Vault. |
| Forensic Capture of Mobile Device (Remote & In-Lab) |
Remote collection of Apple mobile device via iCloud backup. In-Lab collection of Apple or Android mobile devices. |
| Forensic Capture of Workstation (Remote & In-Lab) |
Remote collection of full disk image of Windows workstation device. In-Lab collection of full disk images of Apple or Windows workstations. Examiner assisted targeted collection of Apple or Windows workstations. |
| Forensic Capture of Cloud Storage Data |
Remote collection of standard cloud storage data. Examples are Apple iCloud Drive, Apple iCloud Sync Data, Google Drive, Dropbox, Box, and Microsoft OneDrive. |
| Other Professional Services |
Any other Services DISCO may provide that are not categorized as standard services. |
