This Agreement which is entered into and accepted between Disk Doctor Labs, Inc (hereinafter referred to as DDLI) and the Client agree that the following terms and conditions will cover all goods and services provided by DDLI for this engagement.
- Agreement
a. Facsimile signatures for this Agreement and any subsequent exhibits 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.
b. Similarly, approval of this Agreement through email shall also be legally binding.
- Authorization
a. The client authorizes DDLI to conduct a free diagnosis/evaluation of the media sent to our lab to determine the extent of damage and provide an estimated recovery cost and time. The evaluation is free and no further work will be performed without the explicit client approval.
b. The client authorizes DDLI, its employees, and technicians, to receive and transport this media/equipment/data to, from, and between their facilities.
- Confidentiality
a. DDLI agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment/media except to employees or technicians of DDLI subject to confidentiality agreements or as required by law.
- Payment
a. Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped or picked up), unless special previous arrangements have been made. The client is financially responsible for all shipping costs to and from DDLI Lab.
b. If the client approves the quote, but declines it later, the client shall be charged 25% of the quoted price in order to cover the work already performed by DDLI.
- Legal Rights
a. The client is the legal owner or authorized representative of the legal owner of the media and all data contained therein sent to DDLI.
b. Any property left with DDLI unclaimed for 30 days will be disposed of, and DDLI shall have no liability to the client or any third party.
- Limited Liability
a. DDLI shall not be liable for any claims regarding the physical functioning of the equipment/media or the condition or existence of data stored on the media supplied before, during or after services.
b. In no event will DDLI be liable for any loss of data or loss of revenue or profits or before, during or after services even if DDLI has been advised of the possibility of damages or loss to persons or property. DDLI 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.
c. Client and DDLI agree that the sole and exclusive remedy for unsatisfactory work or data shall be at DDLI’s sole discretion, additional attempts by DDLI to recover satisfactory data or issue a refund of the amount paid by the client.
d. Client is aware of the inherent risks of damage to media that is involved when undergoing data recovery process, including without limitation, risks due to destruction or damage to the media and/or data stored and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of DDLI, and assumes any and all known property damage that may result.
e. In case of any damage or loss to the original media of the customer by DDLI, the liability of DDLI shall be limited to providing the customer with similar media of comparable capacity.
f. In some cases, RUSH Service may take more time than specified in the quote. DDLI’s engineers will try our utmost best to complete the job in the specified time, however if the timeframe of RUSH Service is not met due to justifiable reasoning the quote will automatically drop to the lower service outlined in the quotation, ex. Expedited, if expedited service timeframe cannot be met, then service will be taken as Standard Service. The costs will be outlined in the quotation provided above.
g. The timeframe of Standard Services may be +plus/–minus a few days if there is a delay in parts, or for any other reasons as outlined by our customer service reps.
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