Data Recovery Terms & Conditions
The Client authorizes Computer Solutions & Data Recovery or its designee to conduct an evaluation of the Client's media sent to determine the nature of the damage and provide an estimate of recovery cost and timing. The Client authorizes Computer Solutions & Data Recovery, its employees, independent contractors, and agents, to receive and transport the Client's media/equipment/data to, from and between their facilities. The Client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property.
Data Recovery Not Guaranteed
Manufacturer warranty may be void. Although most manufacturers will honor product warranties following data recovery procedures, in no way shall Computer Solutions & Data Recovery be liable if Client’s media manufacturer’s warranty is VOID due to any action taken by Computer Solutions & Data Recovery. The Client understands that data recovery cannot be guaranteed and is not promised or guaranteed and that some data cannot be recovered. In no event will Computer Solutions & Data Recovery or any contractor, employee, or agent of Computer Solutions & Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, or consequential damages, however caused, in connection with this agreement or any service provided by Computer Solutions & Data Recovery or its agents, contractors, or employees -- even if Computer Solutions & Data Recovery has been advised of the possibility of damage or loss to persons or property.
The Client agrees that Computer Solutions & Data Recovery may use any information or data supplied with or stored on the media for the purpose of completing the recovery, and will otherwise hold the Client's information in the strictest confidence. All data is the property of the owner of the media, and as such will not be transferred, displayed, described, copied, or otherwise transmitted to any third party except as required by law (e.g. illegal content relating to terrorism, child pornography, other extremely illegal activities, or by court order). Recovery technicians are not allowed to browse through recovered data of Clients beyond what is necessary for the process of recovering and verifying the integrity of the data.
Damaged Condition of Client's Media, Equipment and/or Data
The Client acknowledges that the media, equipment, and/or data is now damaged, and the Client acknowledges that the efforts of Computer Solutions & Data Recovery and/or its suppliers to analyze the damage, prepare the estimate, and complete the agreement may result in the destruction of or further damage to the media, equipment, and/or data. Computer Solutions & Data Recovery, for itself and its suppliers, regrets that due to the damaged condition of the Client’s media, equipment, and/or data, and the nature of the data recovery business, will not assume responsibility for additional damage that may occur to the Client’s media, equipment, and/or data during Computer Solutions & Data Recovery attempt to complete this agreement.
Either the Client's or Computer Solutions & Data Recovery's performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause beyond the reasonable control of either
party. Upon the occurrence of any such event the party whose performance is affected shall notify the other party of the event so the negative effects of the event can be known.
Failure to claim any property which has been left unclaimed for 30 days will be disposed of at which time, Computer Solutions & Data Recovery shall have no liability to the Client or any third party. If data recovery is successful, your data will be released to you once full payment has been received.
The Client hereby agree to indemnify, defend and hold Computer Solutions & Data Recovery (hereinafter referred to as "company"), and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of data or data recovery.
While Computer Solutions & Data Recovery agrees to use its best effort to protect and/or recover Client data, it is exclusively the Client’s responsibility to back up all important data, documents, files, pictures or any other needed content.
The Client agrees that Computer Solutions & Data Recovery is in no way liable in the event that Computer Solutions & Data Recovery is unsuccessful in recovering or protecting Client’s data. Computer Solutions & Data Recovery assumes no liability for damage to Client’s data and/or property while performing data recovery procedures or during shipment or for uninsured shipments. The Client authorizes Computer Solutions & Data Recovery, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities. Computer Solutions & Data Recovery shall not be liable for any claims regarding lost media whether the media has been lost at Computer Solutions & Data Recovery or while in transit.
Computer Solutions & Data Recovery's liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and Computer Solutions & Data Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at the option of Computer Solutions & Data Recovery, either (a) additional attempts by Computer Solutions & Data Recovery to recover satisfactory data or (b) a refund of the amount paid by the client.