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E-Tech Data Recovery Terms and
Conditions
- Evaluation Fee and
Effort: Upon payment of a non-refundable evaluation fee,
E-Tech Data Recovery Silicon Valley, with offices at 3440 De La Cruz Blvd., Santa Clara,
California 95054 will use reasonable efforts to determine
whether any data on your data storage device or media is recoverable using our
existing technology and processes (which has limitations – not all lost data
can be recovered).
- Evaluation Report and
Authorization of Recovery. E-Tech will inform you of our assessment
and a cost estimate for the actual recovery work.
- Successful Recovery
Effort. If E-Tech are able to recover data, E-Tech will notify you and
charge you. E-Tech will not release your data to you until you have paid for our
data recovery services and costs (including, without limitation, applicable
service fees, material costs, new media costs, shipping costs, customs duties,
and taxes).
- Unsuccessful Recovery
Effort. If, contrary to our assessment, E-Tech are unable to recover
any data, E-Tech will inform you accordingly and not charge you for our efforts.
If, contrary to our assessment, E-Tech are able to recover part but not all of
your data, E-Tech will inform you accordingly and you may choose to receive the
recovered data for a reduced fee.
- Failure to Claim Property, Media or Data After 30 Days . Any device, media, or data left
with us without full payment after 30 days will be disposed of in our
discretion; and you release us from any obligation of confidentiality related
to the device, media, and data.
Service Limitations:
NOTE THAT E-TECH CANNOT PROMISE ANY PARTICULAR RESULTS. E-TECH ARE ONLY
COMMITTING TO REASONABLE EFFORTS AND THE APPLICATION OF OUR EXISTING
TECHNOLOGY AND STANDARD PROCESSES. E-TECH 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.
Authorization:
You are
authorizing E-Tech 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.
Communications:
All communications relating to your
request, including cost estimates and invoices, will be sent via e-mail to the address you provide to us
unless you request, in writing, to receive such communications via regular mail.
Legal Rights:
You
represent to E-Tech that you are of the legal age of majority in your state or
country of residence. You warrant that you are the legal owner or the authorized
representative of the legal owner of the device, media, and data. You warrant
that that the data on your device is legal and that you have the unrestricted
legal right (1) to send us the device, media, and data; (2) to have the data
recovered; (3) to receive the recovered data; and (4) to agree to these terms.
You will defend and indemnify us (including our directors, officers, employees,
and contractors) from any claims or actions relating to the device, media, or
data, or your rights or lack of rights thereto.
Confidentiality:
E-Tech will
protect the confidentiality of your data against unauthorized disclosure using
the same degree of care as E-Tech use to protect our own confidential information.
Disclaimer of Warranties,
Representations and Guarantees:
E-Tech perform this service “as is,”
with all faults, at your sole risk. E-Tech do not extend any express warranties,
representations, conditions or guarantees regarding our data recovery services
or their results, and E-Tech expressly disclaim all implied warranties, including
any implied warranty or condition of merchantability, warranty of fitness for a
particular purpose, or warranty of accuracy or
completeness.
Limitation of
Liability:
E-Tech will not be liable for any harm caused, unless you
prove that E-Tech caused damages intentionally. Without limiting the generality of
the foregoing, E-Tech will not be liable for the condition, existence, or loss of
the data you send us or the data E-Tech recover; any loss of revenue, loss of
profits, or any indirect, special, incidental, or consequential damages however
caused. This disclaimer shall apply to any and all damages, regardless on the
legal theory on which they are asserted (including, without limitation,
contract, breach of contract, and tort), and regardless of whether E-Tech have been
advised of the possibility of loss or damages - unless you prove that E-Tech
caused damages to you intentionally.
Liability Cap:
The amount
of our liability will not exceed the total price you actually pay us for the
data recovery services. The essential purpose of this limitation is to limit our
liability for performing the data recovery services; this allocation of risk is
reflected in our prices. This paragraph will apply notwithstanding any other
provisions in this agreement, or the failure of any remedy.
Exclusive Remedy:
Your exclusive remedy for unsatisfactory work or data will be, at our option,
additional attempts by us to recover satisfactory data or refund of the amount
paid by you. You acknowledge that the price of our services would be much
greater if E-Tech undertook more extensive liability.
Use of this Site and Your
Account:
By using this site, you are subject to
and agree to be bound by the privacy policy and other terms and conditions of
this site.
Personal Data:
You must provide true, accurate and
complete information about yourself as prompted by the request form, including,
without limitation, your name, address, e-mail address, telephone number and
credit/debit card information, as applicable (collectively, “personal data”).
You must maintain and promptly update your personal data. You acknowledge that
E-Tech may send you important information and notices regarding your requests by
e-mail and that E-Tech shall have no liability associated with or arising from you
failure to maintain accurate personal data.
Terms of Payment:
Payment shall be made by credit/debit
card or some other pre-arranged method of payment acceptable to us. Where
payment is made by credit/debit card, such payment is subject to the approval of
the financial institution issuing the credit/debit card.
Compliance with Laws:
The transactions contemplated hereby may
be subject to the customs and export control laws and regulations of your
country of residence and the countries where our data recovery facilities are
located. You agree to comply with all customs and export laws and all other
applicable laws, statues, ordinances and regulations relating to use of this
site and the data recovery services E-Tech offer. You acknowledge that violations of
these terms and conditions or the terms and conditions of this site could be
subject to criminal or civil penalties. You may not assign your rights or
obligations under these terms and conditions without E-Tech’s express written
consent.
Dispute Resolution:
The
parties will attempt to resolve any dispute related to the data recovery
services through good faith negotiation. If the parties are unable to resolve
the dispute through good faith negotiation, then the dispute will be submitted
to final and binding arbitration with the Judicial Arbitration and Mediation
Services ("JAMS"). Each party will bear their own costs in arbitration. Both
parties waive their rights to a jury trial. All proceedings will take place
in Santa Clara County, California, USA. The laws of the State of California will
exclusively govern our provision of the data recovery services, without regard
to California's conflicts of laws rules. You consent to the exclusive
jurisdiction of the courts located in Santa Clara County, California,
USA.
Approved By:______________________________
Date:_______________________
Signature: X___________________________________________________ |
