By using any of the services Capital Data Recovery Inc provides, the Customer agrees to observe all of the revisions of these Terms & Conditions as they may be in effect from time to time.
These Terms & Conditions 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. We reserve the right to use the logo of the organization we serviced on our website for marketing purposes.
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 (Economy / Non-Urgent Service only) 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 recovery case is refused or cancelled by Customer after its approval, 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.
Customer's failure to respond to Capital Data Recovery Inc seven days after the recovery process is complete, the Customer will be charged full amount quoted plus additional fees associated with the case (media for recovered data, shipping). At that point recovered data will be sent to Customer with original media.
Payment is due in full upon completion of successful recovery, prior to 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. Chargebacks 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 cash refund and may only be redeemed for services and the related donor/target media necessary to complete those services. Accepted payment methods include VISA, MasterCard, Bank Wire Transfers, cashier's checks, and company checks. 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, custom duties and taxes to and from Capital Data Recovery Inc.
Due to strict confidentiality, 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.
It is customer’s responsibility to backup 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 warranty on hard drives used for providing the recovered data to the customer.
Customer is aware that any unclaimed media will be destroyed after 30 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 any services provided by Capital Data Recovery Inc the Customer accepts the Terms & Conditions of this agreement.
Copyrights. All the content of this Website including texts, drawings, graphics, images and photographs is protected, namely under the Canadian Copyright Act. Any unauthorized use of this content, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, representation, translation, put at the public's disposal or any download is prohibited without the written consent of Capital Data Recovery Inc. Capital Data Recovery Inc does not make any statement and does not warrant in any way that these elements do not infringe the rights of another person or entity.
Trade-marks, names, words, logos and illustrations appearing on this Website are or may constitute trade-marks belonging to Capital Data Recovery Inc, to another entity of its group or to a third party. It is strictly prohibited to use the trade-marks, logos, illustrations, graphics and trade names contained in the Website, except in a manner authorized by these Terms or upon written consent from their owner.
Capital Data Recovery Inc may hire a subcontractor to perform specialized tasks for Capital Data Recovery Inc or on behalf of Capital Data Recovery Inc.
Subcontractor agrees to be bound by all of the terms and conditions on this website.
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada, and you consent to the exclusive jurisdiction and venue of the courts in the Province of Ontario in all disputes arising out of or relating to your use of Capital Data Recovery Inc services, this website and the materials contained herein. These Terms constitute the entire agreement between you and Capital Data Recovery Inc.
INFORMATION COLLECTION, USE, AND SHARING
We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily provide via email or other direct contact from you (online form submission).
We do not sell or trade your personally identifiable information to a third party.
Capital Data Recovery Inc. reserves the right to revise these Terms at any time, subject to applicable law.
*For non-emergency cases only. (Emergency evaluation is from $999.00. Evaluation of RAID emergency cases ranges from $499.00 to $1,999.00 depending on quantity of drives. Standard evaluation is $100.00, Non-Accessible WD Passport eval is $100.00). Custom projects and RAID recovery projects do not fall under "No Data - No Fee" policy due to their complexity.