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TERMS & CONDITIONS

TERMS & CONDITIONS

By submitting this form, ordering, receiving or using services provided by Chicago Data Recovery, Inc. (“CDRI”), you (“Client”) agree to these terms and conditions:

$399 DATA RECOVERY SERVICE:

·         Data Recovery for $399 price is ONLY APPLICABLE to PARALLEL ATA (PATA) hard drives (also known as IDE/ATAPI/UDMA hard drives) running MICROSOFT WINDOWS operating system, NOT exceeding 250 GB in capacity. The Price is valid for Standard data recovery service, with turnaround time of 5 to 10 business days. Not applicable for expedited service. Void where prohibited.

·         The amount $399 covers the data recovery service, including labor and parts (if needed) and service of a clean room. Cost of storage media for the recovered data is not included. You can provide your own media to store recovered data, or we can provide one for you at a price.

·         By submitting this form and providing your media for data recovery, you are pre-approving the price of $399, and agree to pay this amount upon successful recovery of the data.

·         No Recovery No Charge Guarantee covers only the data that you mention in the “Critical Files and Directories” section when you submit your media. We are not responsible for recovering any data other than what is mentioned in the said section. Ambiguous references in the said section, for example, “All Files” are not valid and will not be covered by the guarantee.

The Engagement:
Client has advised CDRI that he/she has been unable to recover certain data, which the client represents to be its property and engages CDRI to use its best efforts to identify the said problem if not already identification and use its best efforts to retrieve the said data or portion and to provide such other services as may be agreed to between the client and the CDRI in writing from time to time. CDRI's estimated charges may not be sufficient to complete the with in engagement and the client agrees to be fully responsible for all charges incurred by CDRI in respect of completing work unless the client has limited such liability in writing prior to CDRI commending its work. Charges will be incurred only in respect of work authorized in writing by the client. CDRI reserves the right to transfer the media to company's other national/international facilities, or to third-party vendors if needed.

Authorization: 
You are authorizing CDRI and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us.

Confidentiality:
CDRI will use any information provided by the client only for the purpose of fulfilling the engagement and will use its best efforts to hold the client’s information in the confidence. Confidentiality shall not apply for to any information which entered the public domain through no fault of CDRI, which was known to CDRI prior to receipt from the client, which was known is disclosed to CDRI by a third party (other than employees or agents of either party), which is making such information available to CDRI is not a violation or any confidentially obligation to the disclosing party, or which is independently developed by CDRI without resources to the client’s information.

Payment:
The client agrees to pay CDRI all sums authorized from time to time by the client, which will include charges for CDRI’s services, reasonable travel and per diem expenses for on site work, shipping and insurance (both way) and actual expenses, if any for parts, media and/or on-the shelf software used in the engagement. Unless otherwise agreed to in advanced by CDRI in writing. All sums are due and payable prior to release of the equipment/data/media by cash, check, money order, certified check or credit card.

Acknowledgement of existing conditions:
The client acknowledge that the equipment/data/media may be damaged prior to CDRI's receipt and the client further acknowledges that the efforts of CDRI and/or its suppliers to complete the engagement may result in the destruction or further damage to the equipment/data/media. CDRI for itself and its suppliers does not assume responsibility for additional damage that may occur to the client’s equipment/data/media during or as a result or CDRI's efforts to complete the engagement.

Successful Recovery Effort:
If we are able to recover data, we will notify you and charge you for the amount agreed upon. We will not release your data to you until you have paid in full for our data recovery services and costs (including, without limitation, applicable service fees, material costs, new media costs, shipping costs, customs duties, and taxes). If, contrary to our assessment, we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, contrary to our assessment, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for a reduced fee. 

Service Limitations:
Note that we cannot promise any particular results. We are only committing to reasonable efforts and the application of our existing technology and standard processes. We cannot guarantee that any data will be recovered. Also, our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to us.

Unpaid charges: security to interest
In the event that there are unpaid charges the client grants CDRI a security interest in and to the equipment/data/media to secure the payment of the charges incurred here under, which if unpaid, shall after the date bear interest at the rate of 2% per month (24 % per annum). Any items which have not been claimed and/or paid for within thirty (30) days after the date completion of the engagement will be considered abandoned by the client and may be disposed off (including all data/media containing data) at the discretion of CDRI the process of such disposition to be used towards satisfaction of CDRI’s account after payment of all expense of disposition.

NO WARRANTIES:
CDRI, FOR ITSELF
AND SUPPLIERS MAKES AND THE CLIENT RECEIVED NO WARRANTIES OR CONDITION FOR ANY GOODS OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH THE CLIENT CDRI FOR ITSELF AND ITS SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ARISING FROM USAGE OF TRADE IN THE COURSE OF DEALING OR PERFORMANCE.

Limitation of liabilities, limitation of damages:
In no event will CDRI or its suppliers be liable for any damages whatsoever including without limitations damages for loss of data, loss of business profits, business interruption or other particularly lose or incidental cons queries or indirect damages arising from the engagement event if CDRI or any authorized representative has been advised of the possibility of such damages. The client acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The total liability of CDRI or its suppliers to the client under this agreement shall in no event exceed the total sums paid by the client to CDRI.

The Client’s representation and identification:
The client warrants to CDRI that he/she is the owner of and/or has the right to be in possession of all equipment/data/media furnished to CDRI and the client will deferred at his/her expense, identify and hold CDRI harmless against any damages of expanses that may occur (including lawyer’s fees in full) and ay any damages or attorney’s fees awarded against CDRI resulting from the client’s breach of this section.

Uncontrollable Circumstances:
Either party’s performance of any part of this agreement shall be excused to the extend that such performance in hindered, delayed, or made unpracticed by: (a) the acts of omission of the other party (b) flood, fire, striate. (c) unavailability of the software parts (d) any other cause beyond the reasonable control of either party. Upon the occurrence of any such event(s) the party whose performance is so effected shall notify the other party of the nature and extent of the event(s) so that decisions to the negative effect(s) of any such event(s) may be promptly made.

Miscellaneous:
The parties agrees that this agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of the state or Illinois, provided however, that if any provision of this agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and remainder of the Agreement shall remain in full force and effect. The place of adoption of this agreement is deemed to be the principal place of business of Chicago Data Recovery, Inc.,
Chicago, IL. Any revision or modification of this agreement shall effect only if it refers to this agreement, is in writing, and is signed by an authorized representative of each party to this.

Agreement:
Facsimile signature and/or Electronic Signature for this agreement and any subsequent exhibitor are effective to bind the signing party and are admissible in any court and/or for any lawful purpose. This agreement together with any exhibits or attachments constitutes the entire agreement between the parties in relation to this subject matter.