TERMS AND CONDITIONS
THIS AGREEMENT is between 24 HOUR DATA, LLC, a Texas limited liability company, (“DATA”) and the client named above (“CLIENT”):
NO DATA NO CHARGE GUARANTEE – Subject to the terms of this Agreement, if after examining clients drive or removable data, DATA is unable to recover the requested folders or files there will be no charge to CLIENT.
STANDARD DIAGNOSTIC SERVICES – If DATA believes that the requested folders and files are recoverable it will provide one (1) free diagnostic quotation for recovery of up to three (3) standard single drives and all removable media. The diagnostic quotation for four (4) or more drives is $100 per single hard drive or removable data. The diagnostic fee will apply to the final invoice if the projects are approved by CLIENT. The diagnostic cost estimate for any drive, including the first three (3), on which the factory seal has been broken, is $100 per drive.
EXPEDITED & HYBRID DIAGNOSTIC SERVICES – DATA performs all diagnostics as rapidly as possible during normal business hours. Should CLIENT request that diagnostics be performed after hours or on weekends or holidays the diagnostic fee is $1000 per drive. This fee is non-refundable and will not be applied to the final invoice.
EXPEDITED RECOVERIES, RAID ARRAYS AND COMPLEX PROJECTS – Diagnostics on RAID arrays and other complex projects with little known success rates on recoveries will be quoted prior to beginning work. Fifty percent of the quoted fee is required to be paid upon approval of the quote and prior to recovery efforts beginning. This is a non-refundable fee whether or not data is recovered. The remaining fifty percent of the quoted fee is due upon completion of the project and prior to data release. If the data is corrupted or incomplete DATA will negotiate the amount of the final invoice for the remaining fifty percent. If DATA is unable to recover the requested folders and files there will be no labor charges to client; provided, that partial recoveries will be negotiated on a case by case basis. Additionally,In the event that Client requests that Data provide testimony, responses to legal inquiries (affidavits, depositions, interrogatories or the like) or other similar information or documentation in connection with any court, regulatory, administrative or other proceeding, Client will pay Data, as additional charges, at the rate of $250 per hour plus any attorney’s fees or other expenses that Data may incur in connection with such request. Such charges will be due and payable concurrently with the delivery of such information by Data to Client or Client’s representative.
RECOVERY COST ESTIMATE AND PAYMENTS – DATA will provide CLIENT with a quotation if recovery is deemed to be possible. Recovery will begin upon signed approval of the estimate or, upon receipt by DATA of an e-mail response acknowledging acceptance of the estimate and authorizing DATA to proceed with the recovery. If DATA recovers 90% of the CLIENT Requested Folders and Files the recovery is considered to be a Successful Recovery. If less than 90% of the CLIENT Requested Folders and Files is recovered then the recovery is considered to be a Partial Recovery and will be negotiated on a case by case basis if CLIENT desires. If DATA is unable to recover the CLIENT Requested Folders and Files there will be no labor charge to CLIENT. All quotations are in U.S. dollars and do not include applicable taxes. Applicable taxes will be billed on the final invoice. If CLIENT is tax exempt proof of exemption must be presented to DATA when the application is made. CLIENT’s payment for services rendered by DATA is due upon receipt of an invoice from DATA. Recovered data will be released to Client only after the invoice has been paid in full. Fifty per cent of charges for expedited service or for RAID arrays and complex charges must be paid prior to the start of the recovery process; the remainder of the invoice must be paid in full upon receipt of the invoice.
RECOVERY EFFORTS – DATA agrees to use commercially reasonable efforts to attempt recovery, there is no guarantee made by DATA that recovery will be successful. CLIENT specifically agrees that DATA is in no way liable in the event DATA is unsuccessful in recovering CLIENT’s data. CLIENT may be required to supply proprietary and/or specialized software or device(s) to validate that the Client Requested Files and /or Folders were recovered. CLIENT acknowledges that the returned media containing the recovered data will not be bootable and that the operating and application programs will not be usable. CLIENT may receive back more data than requested. No charge will be made for such excess data. Reintegration of the recovered data is CLIENT’s responsibility. Data hereby disclaims, and Client hereby waives, any and all liability, damages, costs, fees and charges of any kind (including without limitation the loss of existing data or device failure or crashes) relating in any way to the transfer of recovered data to any Client-supplied hard drive or similar storage device or media. IN NO CIRCUMSTANCE MAY DATA BE HELD LIABLE FOR DAMAGE TO CLIENT’S DATA AND/OR PROPERTY WHILE PERFORMING DATA RECOVERY, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DAMAGE TO COMPUTERS, SOFTWARE, THE VOIDING OR IMPAIRMENT OF ANY COMPUTER WARRANTY OR ANY OTHER LOSS OR DAMDGES THAT MAY RESULT FROM PERFORMANCE OF THE REQUESTED DATA RECOVERY COVERED BY THIS AGREEMENT. IN NO EVENT SHALL DATA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES NOR SHALL DATA’S LIABILITY FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THE RECOVERY PROCESS WITH WHICH THIS AGREEMENT IS CONCERNED EXCEED THE AMOUNT BILLED OR QUOTED TO CLIENT.
RETURN SHIPPING – Return shipping at no charge is by FedEx Ground up to a package weight of ten (10) pounds and is insured to a value of $100; however, there is a minimum $25 shipping fee for materials when CLIENT does not accept the quotation or project is deemed unrecoverable during the diagnostic process. In any case, weights in excess of ten (10) pounds, insurance in excess of $100 or expedited shipping costs are the responsibility of the CLIENT and must be paid prior to shipment. All returns require a direct signature upon delivery. This signature requirement cannot be waived. DATA will retain client data (images or logical data) for seven (7) business days after delivery of the completed project to CLIENT in order to assure completeness and reintegration of the recovered data. CLIENT properties, submitted media and hardware will be assumed to be abandoned and may be destroyed by DATA if Client does not respond within thirty one (31) days of DATA’s last e-mail prompting CLIENT’s decision authorizing DATA to proceed with the project or requesting that DATA ship the properties back to CLIENT or, destroy the properties. The e-mail address provided by CLIENT upon submission of the properties and/or provided during the duration of the project will be used to contact CLIENT. If no e-mail address is provided DATA will attempt contact by telephone. DATA has no liability or responsibility for abandoned properties if contact fails.
CONFIDENTIALITY – DATA acknowledges that the information contained on the media is confidential, and DATA shall not disclose any of such information to third parties unless ordered to do so by a court of competent jurisdiction or as required by federal, state or local law.
COLLECTION – Any delinquent account will bear interest at the highest rate permitted by Texas law from its due date until paid. Additionally, if an action is initiated to collect any sums due under this Agreement, CLIENT agrees that it shall be responsible for all costs of such action, including filing costs, court costs, attorney’s fees and any other fees associated with the collection.
ENTIRE AGREEMENT – This Agreement (including any addenda) constitutes the entire agreement as to its subject matter and supersedes all prior and contemporaneous oral and written agreements. All changes to this Agreement must be made in writing and signed by DATA and CLIENT and, accordingly, any terms on your ordering documents shall be of no force or effect. A facsimile or electronically transmitted version of this Agreement, signed by CLIENT shall be legally binding, as if an original.
APPLICABLE LAW AND VENUE – This Agreement shall be governed and construed in accordance with the laws of the State of Texas, United States of America without regard to any applicable conflicts of law provisions (except to the extent that mandatory provisions of federal law apply). Each of the parties hereto irrevocably submits to the exclusive jurisdiction and venue of any court of Collin County, State of Texas or of any United States District Court in the Eastern District of Texas. The parties further agree to waive trial by jury in any such action.
I am a duly authorized agent/delegate of the company/person named above with authority to make final decisions regarding this data recovery project and agree to all terms and conditions of this Agreement. I verify that the information given by me in this Data Recovery Form is true, accurate and complete. I understand that if I have given any false information on this form or, if I have omitted any material facts, that I will be billed for the full amount of the recovery project quotation whether or not the data is recovered.