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Legal Rights
The client affirms that they are the legal owner, representative, or otherwise have legitimate rights to the property and all data contained therein sent, or physically delivered to Data Recovery Systems, LLC. Any property left with Data Recovery Systems, LLC unclaimed for 90 days, will be disposed of, at which time Data Recovery Systems, LLC shall have no liability to the client or any third party. By using any of the services Data Recovery Systems, LLC provides, the Customer agrees to observe all of the revisions of these Terms of Service. Data Recovery Systems, LLC reserves the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
Authorization
The client authorizes Data Recovery Systems, LLC to conduct an evaluation of the media sent to determine the nature of the issue and provide an estimate of recovery cost and time required to complete the task. The standard media evaluation is typically free, unless there is extensive physical or logical damage requiring an in-depth analysis, or the case is designated as Priority, or Critical, or circumstances otherwise specified in the case paperwork. If the evaluation is not free, the customer will be notified and approval will be sought prior to completion of the evaluation. The client authorizes Data Recovery Systems, LLC its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
Limited Liability
Data Recovery Systems, LLC shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will Data Recovery Systems, LLC be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Data Recovery Systems, LLC has been advised of the possibility of damages or loss to persons or property. 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 Systems, LLC, and assumes any and all known risks of injury and property damage that may results. Data Recovery Systems, LLC 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. The client and Data Recovery Systems, LLC agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Data Recovery Systems, LLC’s option, additional attempts by Data Recovery Systems, LLC to recover satisfactory data or refund of the amount paid by the client.
Confidentiality
Data Recovery Systems, LLC agree to an absolute Non-Disclosure of any and all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Data Recovery Systems, LLC subject to confidentiality agreements or as required by law. If a client requires that a specific NDA be signed prior to authorizing commencement of recovery services, a copy of the NDA must be reviewed by Data Recovery Systems, LLC legal staff. This process can typically be completed within 1 business day of receiving the NDA via fax.
Payments
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. The client is financially responsible for all shipping costs, custom duties and taxes to and from Data Recovery Systems, LLC. Any credit left on file in excess of 60 days is not eligible for cash refund and may only be redeemed for services and the related donor/target media necessary to complete those services. Accepted payment methods include VISA, MasterCard, American Express, Bank Wire Transfers, cashier's checks, and company checks. If paying by check, please note that Data Recovery Systems, LLC has the right to delay the shipment of the recovered data until the check has cleared.
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