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The terms and conditions of service will apply
in any dealings customers will have with Data
Recovery Clinic and it trading partners.
1.Authorization
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The client authorizes Data Recovery Clinic
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 Clinic,
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 Clinic 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 Clinic for any claims against Data
Recovery Clinic related to this data
recovery.
2.Failure to claim property
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Any property left with Data Recovery Clinic
unclaimed for 30 days, will be disposed or
recycled. At which time, Data Recovery
Clinic shall have no liability to the client
or any third party.
3.Limited Liability
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Data Recovery Clinic 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 Clinic OR ANY
CONTRACTOR, EMPLOYEE, OR AGENT OF Data
Recovery Clinic 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 Clinic OR ITS AGENTS,
CONTRACTORS, OR EMPLOYEES -- EVEN IF Data
Recovery Clinic HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR
PROPERTY.
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Data Recovery Clinic'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 Clinic agree that
the sole and exclusive remedy for
unsatisfactory work or data shall be, at
Data Recovery Clinic's option, either (a)
additional attempts by Data Recovery Clinic
to recover satisfactory data or (b) a refund
of the amount paid by the client. The
parties acknowledge that the price of Data
Recovery Clinic's data recovery services
would be much greater if Data Recovery
Clinic 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 Clinic, 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 Clinic 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 Clinic 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 Clinic 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 Clinic.
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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 Clinic makes no warranty,
express or implied, and Data Recovery Clinic
disclaims any warranty of any kind, for the
services being provided or discussed
hereunder.
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