SERVICE AGREEMENT FOR PERSONAL DATA REMOVAL SERVICES
THIS AGREEMENT is made this ______ day of ___________, 20____.
BETWEEN:
KRUSTYLAB, an IT/ICT services provider with its principal place of business at 4, Port Loko Street, Zone 3, Wuse, Abuja (hereinafter referred to as the “Service Provider” or “Krustylab”, which expression shall, where the context so admits, include its successors-in-title and assigns), of the one part;
AND
[CLIENT’S FULL NAME], an individual residing at [Client’s Full Address] (hereinafter referred to as the “Client”, which expression shall, where the context so admits, include their heirs, executors, administrators, and assigns) of the other party.
(The Service Provider and the Client are hereinafter collectively referred to as the “Parties” and individually as a “Party”).
WHEREAS:
A. The Service Provider is engaged in the business of providing information technology services, including online data management and removal assistance.
B. The Client has identified certain personal data, information, images, or content relating to them (hereinafter referred to as “Personal Data”) on various third-party websites and wishes to have this Personal Data removed.
C. The Client desires to engage the services of Krustylab to act on their behalf in petitioning the administrators, owners, or hosts of these websites for the removal of the said Personal Data, in line with the rights afforded under the Nigeria Data Protection Act, 2023, and other relevant regulations.
D. Krustylab has agreed to provide these services to the Client subject to the terms and conditions hereinafter appearing.
NOW, IT IS HEREBY AGREED AS FOLLOWS:
1. SCOPE OF SERVICES Krustylab agrees to provide Personal Data Removal Services (the “Services”), which shall consist of the obligations listed in Clause 2 of this Agreement.
2. OBLIGATIONS OF THE SERVICE PROVIDER (KRUSTYLAB’S DELIVERABLES) Krustylab shall, with reasonable skill and care, perform the following:
a. Receive and review the list of Uniform Resource Locators (URLs) provided by the Client where the Personal Data is located (the “Target URLs”).
b. Draft and dispatch formal take-down requests and petitions to the appropriate contacts (e.g., website administrators, hosting providers, legal departments) for each of the Target URLs.
c. Conduct periodic follow-ups on unanswered petitions for a reasonable duration.
d. Utilise its professional knowledge and industry-standard best practices to pursue the removal of the Client’s Personal Data from the Target URLs.
e. Provide the Client with a progress report every week (once every week) detailing the project, links and status.
3. OBLIGATIONS OF THE CLIENT (CLIENT’S DELIVERABLES) The Client shall:
a. Provide Krustylab with a complete and accurate list of all Target URLs where their Personal Data is located.
b. Provide an unambiguous description of the specific Personal Data to be removed from each Target URL
c. Furnish Krustylab with verifiable proof of identity (e.g., a copy of a government-issued ID) and any evidence necessary to prove that the Personal Data in question belongs to them.
d. Sign a Letter of Authorisation, provided by Krustylab, formally granting Krustylab the exclusive right to act as their agent for the sole purpose of communicating with third parties regarding the removal of the specified Personal Data.
e. Make full payment of the agreed service fees as stipulated in Clause 4 of this Agreement. f. Cooperate fully and promptly with Krustylab in all matters relating to the provision of the Services.
4. FEES AND PAYMENT
a. The Client agrees to pay Krustylab a non-refundable service fee of ₦80,000.00 (Eighty Thousand Naira) monthly for the services rendered under this Agreement.
b. Payment shall be made in full before the commencement of the Services.
5. ACKNOWLEDGEMENT, DISCLAIMER, AND LIMITATION OF LIABILITY
a. NO GUARANTEE OF COMPLETE REMOVAL: The Client expressly acknowledges and agrees that the removal of data from the internet is a complex process. Krustylab does not and cannot guarantee that the Personal Data will be 100% permanently and completely removed from the internet. Data may persist in search engine caches, archives (e.g., the Wayback Machine), unlisted databases, or on the dark web, which are beyond Krustylab’s control.
b. BEST EFFORTS BASIS: Krustylab agrees to use its best professional efforts to achieve the removal of the Personal Data from the Target URLs. The success of these efforts is heavily dependent on the cooperation and policies of third-party website owners and administrators, who are not under Krustylab’s control.
c. TIMELINE FOR RESULTS: The Client understands that this process is not instantaneous. Krustylab will work diligently on the Client’s case, and it is anticipated that significant progress, such as removal from a majority of the primary Target URLs, may take between six (6) to eight (8) months from the commencement of services. However, this timeline is an estimate and not a guarantee.
d. LIMITATION OF LIABILITY: In no event shall Krustylab, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to emotional distress, reputational harm, or financial loss, arising from the failure to remove any or all of the Personal Data. The total liability of Krustylab under this Agreement, for any claim whatsoever, shall be strictly limited to the total service fee paid by the Client to Krustylab.
6. INDEMNIFICATION The Client agrees to indemnify, defend, and hold harmless Krustylab, its officers, directors, and employees from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees and costs, arising out of or in any way connected with the Client’s breach of this Agreement or any claim that the information provided by the Client was false, inaccurate, or infringed upon the rights of a third party.
7. CONFIDENTIALITY Both Parties agree to keep confidential all information concerning the business, affairs, and identity of the other, including the existence and terms of this Agreement. This obligation of confidentiality shall survive the termination of this Agreement.
8. GOVERNING LAW AND DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute arising out of or in connection with this Agreement shall be settled amicably through negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be referred to mediation at a court of competent jurisdiction in Nigeria.
9. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties. It supersedes all previous agreements, understandings, and negotiations, whether oral or written, between the Parties with respect to the subject matter of this agreement.