DATA RECOVERY TERMS AND CONDITIONS (c) 2010
1.AuthorizationThe client authorizes Data Doctors 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.
The client authorizes Data Doctors, its employees, independent contractors, and agents, to receive and transport this 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. By asking Data Doctors to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify Data Doctors for any claims against Data Recovery Doctor related to this data recovery.
2.Failure to claim propertyAny property left with Data Doctors unclaimed for 30 days, will be disposed or recycled. At which time, Data Doctors shall have no liability to the client or any third party.
3.Limited LiabilityData Doctors 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.
THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE ALWAYS GUARANTEED.
IN NO EVENT WILL DATA DOCTORS OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF DATA RECOVERY DOCTOR 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 DOCTORS OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES -- EVEN IF DATA DOCTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
Data Doctors' 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 Data Doctors agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Data Doctors' option, either (a) additional attempts by Data Recovery Doctor to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Data Doctors' data recovery services would be much greater if Data Doctors undertook more extensive liability or promised additional remedies.
- 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 Doctors, and assumes any and all known risks of injury and property damage that may result.
- 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.ConfidentialityData Doctors agree 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 Doctors subject to confidentiality agreements or as required by law.
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.
- Successful data recovery is defined as recovery of data that was not accessible or visible under the client’s computer operating system.
- The client agrees to pay for data recovery even if Data Recovery Doctor has partially recovered the data.
- No-data no-fee applies only when no data recovery is possible.
- The client is financially responsible for all shipping costs, custom duties and taxes to and from Data Recovery Doctor.
- We ONLY accept VISA, MasterCard, Maestro, Solo and cash. American Express is accepted subject to a 5% surcharge
Data Doctors make no warranty, express or implied, and Data Doctors disclaim any warranty of any kind, for the services being provided or discussed hereunder.
For any data recovery enquiries please call 0207 516 1077 or email firstname.lastname@example.org.