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DATA
RECOVERY TERMS AND CONDITIONS:
1.Authorization
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The
client authorizes Data Recovery Lab or its agents to conduct an
evaluation of the media sent to determine the nature of the damage and
provide an estimate of the data recovery cost and turnaround. The evaluation
is free and no work beyond this evaluation will be charged without explicit
client approval.
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The
client authorizes Data Recovery Lab, its employees, independent
contractors, and agents, to receive and transport this media/equipment/data
to, from and between their facilities.
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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. By asking Data Recovery Lab to enter into this agreement with you, as client, you declare that
the foregoing representations are true and correct. You agree to indemnify
Data Recovery Lab for any claims against Data Recovery Lab related to
this data recovery.
2.Failure to
claim property
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Any
property left with Data Recovery Lab unclaimed for 30 days, will be
disposed or recycled. At which time, Data Recovery Lab shall have no
liability to the client or any third party.
3.Limited
Liability
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Data Recovery Lab shall not be liable as a result of this agreement or the
performance of any data recovery services or evaluation of the possibility
of providing data recovery services, for any claims regarding the physical
functioning of equipment OR media or the condition or existence of data on
storage media supplied before, during or after service.
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THE
CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED.
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IN NO
EVENT WILL Data Recovery Lab OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF
Data Recovery Lab 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 Data Recovery Lab OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES -- EVEN IF Data Recovery Lab HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO
PERSONS OR PROPERTY.
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Data Recovery Lab'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.
o-Client and Data Recovery Lab agree that the sole and exclusive remedy
for unsatisfactory work or data shall be, at Data Recovery Lab's option,
either (a) additional attempts by Data Recovery Lab to recover
satisfactory data or (b) a refund of the amount paid by the client. The
parties acknowledge that the price of Data Recovery Lab's data recovery
services would be much greater if Data Recovery Lab undertook more
extensive liability or promised additional remedies.
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Client is aware of the inherent risks of injury and property damage
involved in data recovery, including without limitation, risks due to
destruction or damage to the media or data and inability to recover data, or
inaccurate or incomplete data recovery, including those that may result from
the negligence of Data Recovery Lab, and assumes any and all known risks
of injury and property damage that may result.
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All data recovered will be kept for a period of 10 days after successful
delivery to customer No charge will be made in the destruction of data. Data
will be destroyed and thereafter no further records will be kept.
4.Confidentiality
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Data Recovery Lab agrees not to disclose any and all information or data files
supplied with, stored on, or recovered from client equipment except to
employees , independent contractors, lawyers, or agents of Data Recovery Lab subject to confidentiality agreements or as required by law.
5. Payment
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Payment
is due in full upon completion of successful recovery, prior to release of
data (whether shipped, picked up or downloaded), unless by special previous
arrangement.
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Successful data recovery is defined as recovery of data that was not
accessible or visible under the client’s computer operating system.
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The
client agrees to pay for data recovery even if Data Recovery Lab has
partially recovered the data.
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No-data
no-fee applies only when no data recovery is possible.
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The
client is financially responsible for all shipping costs, custom duties and
taxes to and from Data Recovery Lab.
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We ONLY
accept VISA, MasterCard, Maestro, Solo and cash. American Express is
accepted subject to a 5% surcharge
6. Warranty
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Data Recovery Lab makes no warranty, express or implied, and Data Recovery Lab disclaims any warranty of any kind, for the services being provided
or discussed hereunder.
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