Engagement Customer engages Data Recovery to use its best efforts to identify the problem and correct the problem, and, to the extent possible, to retrieve or minimize damage to the drive or its data. All efforts by Data Recovery are subject to the terms and conditions hereof. Estimates are based on Data Recovery’s experience in an effort to present a reasonable range of time that will be invested in recovering lost data.
Unless delineated by the estimate, shipping and media costs are not included. Final cost will vary depending on any special services that may or may not need to be performed for successful recovery. Payment Customer agrees to pay Data Recovery for such efforts and any other sums agreed to and authorized by Customer under the agreement.
Such other sums may include: parts, software, etc., as deemed necessary by Data Recovery for the performance of the task. Unless otherwise agreed to in advance by Data Recovery, all such sums are due and payable upon completion of work, by company check, COD, bank money order, purchase orders on approved credit, or credit card (Visa, MasterCard, or American Express).
Payment in the form of checks written on accounts with insufficient funds will be surcharged 15% or $15, whichever is greater. Disclaimer of All Warranties Data Recovery, for itself and its suppliers, makes, and the customer receives no warranties or conditions for any good or service, express, implied, statutory or in any communication with customer, and Data Recovery, disclaims any implied warranty of any type.
Confidentiality The Customer agrees that Data Recovery may use any information or data supplied with or stored on the media or in the equipment for the purpose of completing the recovery, and will otherwise hold the customer information in the strictest confidence. However, the above confidentiality obligations shall not apply to any information which at the time of disclosure is published or is otherwise in the public domain, or was known to Data Recovery prior to receipt from the Customer.
Unpaid Charges In the event there are any unpaid charges, Customer grants Data Recovery a security interest in and to the equipment and Wikipedia data to secure the payment of the charges incurred hereunder. Any items which have not been claimed (paid or unpaid for) within 30 days after the date of completion of the Engagement will be considered abandoned by the Customer and will be disposed of (including all data media containing data) at the sole discretion of Data Recovery.
Damaged condition of Customer’s Media, Equipment, and/or Data The customer acknowledges that the media, equipment, and/or data is now damaged, and the client acknowledges that the efforts of Data Recovery and/or its suppliers to analyze the damage, prepare the estimate, and complete the agreement may result in the destruction of or further damage to the media, equipment, and/or data. Data Recovery, for itself and its suppliers, regrets that due to the damaged condition of the Customer’s media, equipment, and/or data, and the nature of the data recovery business, it will not assume responsibility for additional damage that may occur to the Customer’s media, equipment, and/or data during Data Recovery’s attempt to complete this agreement.