By using any of the services Capital Data Recovery Inc provides, the Customer agrees to observe all of the revisions of these terms and conditions as they may be in effect from time to time.
These terms and conditions supersede any usage of trade and control all course dealing between Capital Data Recovery Inc and the Customer.
Unless contracted by a 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.
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 the Customer's responsibility to make sure the recovery form contains correct information and that the proper media is sent in for data recovery services.
If the Customer supplies incorrect/wrong media for recovery services and declines the recovery after it has been performed; the 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 is a 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. We reserve the right to use the logo of the organization we serviced on our website for marketing purposes.
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 (economy / non-urgent service only) unless otherwise specified, and no work beyond this evaluation will be charged without the Customer’s approval.
While evaluating the media, Capital Data Recovery Inc may perform the recovery services without the Customer's approval in situations where Capital Data Recovery Inc feels that there is only one chance to recover the data. In such situations, the Customer is not required to pay the quoted amount unless the quote is approved. The 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 for any and all damages and defects of the property provided by the Customer.
If the recovery case is refused or cancelled by the Customer after its approval, the Customer will be charged 50% of the quoted amount. At that point, no data will be returned to the Customer. The original media will be returned to the Customer only after the 50% payment is received. Customer's failure to respond to Capital Data Recovery Inc seven days after the recovery process is complete, the Customer will be charged the full amount quoted plus additional fees associated with the case (media for recovered data, shipping). At that point, recovered data will be sent to the Customer with original media. The customer is aware that any unclaimed media will be destroyed after 30 business days.
Payment is due in full upon completion of successful recovery, prior to the release of data. Payments not received within 14 business 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. Charge-backs are subject to a charge of $200.00. All sales are final. No returns or refunds.
Any credit left on file in excess of 30 days is not eligible for a cash refund and may only be redeemed for services and the related donor/target media necessary to complete those services. Accepted payment methods include Interac, Visa, MasterCard, bank transfers, and company cheques. If paying by check, please note that Capital Data Recovery Inc has the right to delay the shipment of the recovered data until the check has cleared.
The Customer is financially responsible for all shipping costs, customs duties and taxes to and from Capital Data Recovery Inc.
Due to strict confidentiality, Customers' 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 the full responsibility of a Customer. Capital Data Recovery Inc shall not be liable for any further claims.
It is the Customer’s responsibility to back up the data received from Capital Data Recovery Inc. Capital Data Recovery Inc shall not be liable for any data loss or disk failure. Capital Data Recovery Inc does not offer a warranty on hard drives used for providing the recovered data to the Customer.
By the use of any services provided by Capital Data Recovery Inc, the Customer accepts the terms and conditions of this agreement.
Capital Data Recovery Inc reserves the right to revise these terms at any time, subject to applicable law.