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 for $399 price is ONLY APPLICABLE to PARALLEL ATA (PATA)
hard drives (also known as
·
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
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.,
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.