 By using any of the services Capital Data Recovery Inc provides, the Customer agrees to observe all of the revisions of these Terms of Service as they may be in effect from time to time.
These Terms of Service supersede any usage of trade and control all course dealing between Capital Data Recovery Inc and the Customer.
Unless contracted by separate agreement, in writing, under no circumstances does Capital Data Recovery Inc assume responsibility for the loss of information on the media provided to Capital Data Recovery Inc.
The Customer agrees to indemnify and hold Capital Data Recovery Inc harmless from any claims resulting from the Customer's use of the service which damages either the Customer or another party or parties.
The Customer is the legal owner, representative, or otherwise have legitimate rights to the property and all data contained therein sent to Capital Data Recovery Inc.
The Customer agrees to absolute Non-Disclosure of any information to third parties regarding the case submitted or data received or in case of an error occurred before, during or after the recovery.
Capital Data Recovery Inc 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.
Capital Data Recovery Inc shall not be liable for any claims regarding the incorrect recovery form submission done by the Customer or/and receiving incorrect/wrong media from the Customer. It is Customer's responsibility to make sure the recovery form contains correct information and that the proper media sent in for data recovery services.
If the Customer's supplies incorrect/wrong media for recovery services and declines the recovery after it has been performed; Customer is responsible for covering the quoted fees associated with the services.
Capital Data Recovery Inc is not liable for any direct or indirect damages, including loss of data, loss of revenue, incidental or consequential, before, during or after service.
The Customer authorizes Capital Data Recovery Inc 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 evaluation is free unless otherwise specified, and no work beyond this evaluation will be charged without Customer’s approval.
While evaluating the media, Capital Data Recovery Inc may perform the recovery services without Customer's approval in situations where Capital Data Recovery Inc feels that there is only one chance to recover the data. In such situations Customer is not required to pay the quoted amount unless the quote is approved.
If the job is refused or cancelled by Customer after it has been approved, the Customer will be charged 50% of the quoted amount. At that point no data will be returned to Customer. The original media will be returned to Customer only after the 50% payment is received.
Payment is due in full upon completion of successful recovery, prior to release of data.
Payments not received within 7 days of the billing date are to be considered delinquent and may be subject to reasonable collection and legal fees. Returned checks are subject to a charge of $55.00.
The Customer is financially responsible for all shipping costs, custom duties and taxes to and from Capital Data Recovery Inc.
Customer's data will be kept onsite for no longer than 5 business days. It is the responsibility of the Customer to verify the recovered data and notify Capital Data Recovery Inc within 5 business days by email or otherwise. Failure to confirm the recovered data within 5 business days is a full responsibility of the Customer. Capital Data Recovery Inc shall not be liable for any further claims.
Customer is aware that any unclaimed media will be destroyed after 5 business days.
Customer 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 Capital Data Recovery Inc, and assumes any and all known risks of injury and property damage that may results.
Capital Data Recovery Inc is not responsible of any and all damages and defects of the property provided by the Customer.
By the use of a Capital Data Recovery Inc services the Customer accepts the terms and conditions of this agreement.
*For non-emergency cases only. (Emergency evaluation is from $999.00 to $1,199.00. Evaluation of RAID emergency cases is $1,999.00).
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