You (“the Client”) engages Recover My Data (RMD) and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified; and/or retrieve, or minimise the damage to, the equipment/data/media; and/or provide other services as may be requested by the Client from time to time.
Where requested and applicable RMD, can arrange for a collection on behalf of you the Client. In such instances we agree to pay the courier companies charges on behalf of the Client. The carriage agreement remains between the Client and the courier company which RMD may re-use from time to time. RMD will not be held responsible for any loss, damages or consequential losses whilst your device is in transit using a pre-arranged service.
RMD Will not be held responsible for any consequential losses, any claims remain between the client and the courier company regardless of the method of transport to or from our labs.
RMD will use any information contained in the data, media and/or equipment provided to RMD by Customer (“Customer Information”) only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer Information in the strictest confidence. Any Confidential Information disclosed by Customer under this agreement will remain the owners sole property and RMD shall employ reasonable measures to prevent the unauthorised use of Customer Information; these measures will only allow disclose Confidential Information to employees or consultants reasonably requiring such information (and who have secrecy obligations to RMD) and not to any other party except as required by law. RMD will employ appropriate technical and organisational measures to safeguard the Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information. RMD is part of a worldwide organisation and Customer hereby agrees to the transfer of information to RMD affiliates and suppliers worldwide as needed for the sole purpose of performing the engagement.
Customer agrees to pay RMD all sums authorised from time to time by the Client, which will typically include charges for RMD services, reasonable travel and per diem expensed for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by RMD, all such sums are due and payable in advance, by company cheque, BACS transfer, or credit card / debit card. Payment terms are on receipt of invoice unless otherwise agreed.
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorisation if followed by written confirmation by RMD at the earliest possible opportunity.
Acknowledgement of Existing Conditions
Customer acknowledges that the equipment/data/media may be damaged prior to RMD receipt, and Customer further acknowledges that the efforts of RMD to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. RMD regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during RMD’s efforts to complete the Engagement.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES
Recovery My Data CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOODS OR SERVICES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND RMD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.
Limitation of Liability: Limitation of Damages
In no event will RMD be liable for any indirect damaged whatsoever. The total liability of RMD to Customer under this Agreement shall in no event exceed the total sums paid by the Client to RMD. In cases where no payment has been made for a recovery service RMD’s liability will not exceed the cost of the hardware sent for
data recovery. RMD accepts no responsibility for loss or damage to customer property before or after it leaves our locations.
Customer’s Representation and Indemnification
Customer warrants to RMD that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to RMD, and its collection, possession, processing and transfer of such equipment/data/media is in compliant with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold RMD harmless against any damages or expenses that may occur (including reasonable attorney’s fees), and pay any cost, damages, or attorneys’ fees awarded against RMD resulting from Customers breach of this section.
Unless advised RMD offer free diagnostics on all devices, however RMD reserve the right to charge an upfront diagnostic fee where a drive has been opened and the warranty seals broken or where the required data has been damaged in some way which may prevent a successful recovery. This fee is to be agreed prior to any work commencing.
Overwritten Data, Encryption and Data Obfuscation
RMD take on all recovery work based upon the information provided at the point of quotation. If it transpires that the data is protected in some way that may prevent recovery using standard recovery procedures all quoted fees will be payable providing that we are able to create and make available a cloned image of the device. Where information regarding data protection, obfuscation or encryption is provided at the point of quotation a suitable price will be quoted that takes this into consideration.
Where data has been overwritten by a process such as reinstallation of the operating system, formatting, data overwriting or secure erasure processes has been carried out without our prior knowledge all quoted recovery fees will be due regardless of the ability to produce the original data.
Please make a sales or technical representative aware of any information that may prove relevant to your case prior to shipping the failed media to us, this way an accurate quote can be provided.
RMD hereby acknowledges that all information of any kind whatsoever whether prior to after or on the data of this agreement in whatever form including but not limited to oral visual, pictorial, written, in machine-readable form (including electronic form on disc or tape or the like in whole or in part (the “Confidential Information”) is to be kept strictly secret and confidential. If in any doubt as to whether information constitutes Confidential Information the Company should obtain written from you.
Disputes Regarding Returned Data
RMD as a matter of policy retains a copy of your data for ten working days subsequent to the data being returned to you. Any queries or disputes regarding the integrity of the data must be within this time period.
Return of Your Data and Property
Where return carriage of recovered data or original equipment is required, unless included in a quoted price, and where the i1tem weighs 8 Kilograms or less, a charge of £15 + vat will be made to cover courier charges and any packaging required. Items weighing more than 8 Kilograms will be quoted for on a case by case basis.
The parties agree that this Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree that if any provision of the Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement is in writing, and is signed by an authorised representative of each party. Facsimile signatures for this Agreement and any subsequent exhibits or other attachments constitutes the entire Agreement between the parties in relation to this subject matter. No provisions in either party’s purchase orders or in any other standard business forms employed by either party will apply even if accepted by the other party.