1. Authorization. The client authorizes Crucial Data Recovery to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of recovery cost and timing. The client authorizes Crucial Data Recovery, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
2. Legal Rights. The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to Crucial Data Recovery. Any property left with Crucial Data Recovery unclaimed for 60 days, will be disposed. At which time, Crucial Data Recovery shall have no liability to the client or any third party.
3. Limited Liability. Crucial Data Recovery 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 Crucial Data Recovery 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 Crucial Data Recovery has been advised of the possibility of damages or loss to persons or property. Crucial Data Recovery shall not be liable for any claims regarding lost hard drives while in transit. 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. Client and Crucial Data Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Crucial Data Recovery’s option, additional attempts by Crucial Data Recovery to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of Crucial Data Recovery services would be much greater if Crucial Data Recovery undertook more extensive liability. 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 Crucial Data Recovery, and assumes any and all known risks of injury and property damage that may result.
4. Confidentiality. Crucial Data Recovery agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Crucial Data Recovery subject to confidentiality agreements or as required by law. Crucial Data Recovery may disclose CLIENT information to AUTHORIZED GOVERNMENT AGENCIES if Crucial Data Recovery is legally bound to do so, or for fraud prevention purposes, or to protect itself, its customers, or the general public.
5. Payment. 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. Company checks and bank transfers are welcome. We also accept VISA, MasterCard, Discover, and American Express. Any Delinquent account will bear interest from its due date until paid at the highest rate permitted by law. If the final bill is placed in the hands of an attorney for collection or is collected by legal proceedings of any kind, CLIENT agrees to pay a reasonable attorney’s fee which shall not in any event be less than 25% of the amount of the bill and interest from the invoice date at the highest rate permitted by law.
6. Warranty. Crucial Data Recovery makes no warranty, express or implied, and Crucial Data Recovery disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose.
7. Agreement. The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the Rules of the American Arbitration Association. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. This agreement shall be construed under and in accordance with the laws of the state of Ohio, and all obligations of the Parties created in this Agreement are performable in Cuyahoga County, Ohio, United States of America.