Data Recovery Terms and Conditions
The following terms govern your order, purchase, and receipt of data recovery services from Advanced Computers.
- This is a Fee-Based Hardware Evaluation of data recovery. You may submit your data storage device to us for a diagnostic evaluation. A diagnostic evaluation is subject to a non-refundable diagnostic fee regardless of the results of the evaluation.
- Cost Estimate: Once we have your information or your data storage device, we will try to determine whether any data can be recovered. Once we determine what data may be recoverable, we will notify you and provide a cost estimate for our recovery services. If you accept our cost estimate and authorize us to perform recovery services, we will attempt to recover your data using our existing technology and processes.(a) Successful Recovery: If we are able to successfully recover your data, we will charge you according to our cost estimate, plus the cost of any new media and shipping and handling fees.
(b) Partial Recovery: If we are able to partially recover your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee, plus the cost of any new media and shipping and handling fees.
(c) Unsuccessful Recovery: If we are unable to recover your data, we will not charge you for the recovery services.
- Consent To Access Personal Data: To recover your data, we may transfer your device to our overseas data recovery laboratory. This means we may transfer, access, processes, and reproduce your data in countries other than the country where your device is collected from you. The other countries through which we transfer your data and in which we process your data may not have information protection or privacy laws as stringent as those in your country. By submitting your device us, you are consenting and specifically requesting that we transfer, access, processes, and reproduce your data outside of the country where it is collected from you.
- No Government Data: Because of the special requirements for handling government data, we are unable to provide data recovery services for government data. Please contact us directly for any special services related to government data.
- Return of Data Storage Device: Regardless of the outcome of our recovery work, if you want your data storage device returned, you must pay the return shipping and handling fees. You may elect to allow us to dispose of your device using secure or unsecure disposal processes. Secure disposal is subject to higher fees. If you leave your device or recovered data with us for more than 90 days without full payment, we will consider it abandoned and we will dispose of your device and recovered data in any manner we choose, and you release us from any obligation of confidentiality related to the device or recovered data.
- Service Limitations: Our technology and processes have limitations – not all data is recoverable – and we do not promise any particular results. We will exercise reasonable efforts applying our existing technology and processes to recover your data. But we do not guarantee that any data will be recovered. Also, our attempt to recover the data may damage the data storage device or the data, and may even render any data unrecoverable. To the extent possible, you should back up all available data before submitting your device to us.
- Disclaimers: We do not make any warranties, representations, conditions, or guarantees regarding our services or our results. To the maximum extent allowed by law we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness. This does not exclude any statutory warranties that cannot be excluded by law.
- Limitation of Liability: We will not be liable for any harm caused, unless you prove that we caused damages intentionally. We will not be liable for loss or damage of the data you send us or the data we recover. We will not be liable for any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages regardless of the cause or the legal theory on which it is asserted (including, without limitation, contract, breach of contract, or tort), and regardless of whether we have been advised of the possibility of loss or damages, unless you prove that we caused damages to you intentionally.
- Liability Cap: To the maximum extent permitted by law, the amount of our liability will not exceed the total price you pay us for the Services. The essential purpose of this limitation is to limit our liability for performing the Services, and this allocation of risk is reflected in our prices. This paragraph will apply notwithstanding any other provisions in this agreement, or the failure of any remedy.
- Exclusive Remedy: Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by you. You acknowledge that the price of our services would be much greater if we undertook more extensive liability.
- Your Representations: You represent that you are of the legal age of majority in your state or country of residence. You represent that you are the legal owner or the authorized representative of the legal owner of the data storage device and the data contained in the device. You represent that the data is legal and that you have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered using the Services; (c) to receive the recovered data; and (d) to agree to these terms. You will defend and indemnify us (including our directors, officers, employees and contractors) from any claims or actions relating to the data storage device, the data, or any misrepresentation made by you.
- Governing Law and Dispute Resolution: The laws of the New Zealand govern our provision of the data recovery services without regard to conflicts of laws rules.
- Severability: If any provision of these terms and conditions is invalid, illegal, or unenforceable, the provision will be enforced to the fullest extent permitted by law or else severed. All other provisions will survive.
- Legal Rights: These terms and conditions describe certain legal rights. You may have other rights under applicable law. These terms and conditions do not change your rights under applicable law if the laws do not allow it.
August 2015 @ Advanced Computers