Data Recovery General Service Agreement

Please read the following Terms and Conditions closely before using our Web site (the "Site") and services. By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES.

SalvageData may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

Authorization:
The client (hereafter "you" or "your") authorizes SalvageData Recovery Inc (hereafter “SalvageData”, “we” “our” or “us”), its employees, and agents, to conduct an evaluation of the media provided to us to determine the nature of the damage and provide an estimate of recovery cost and timing. The client also authorizes SalvageData to take any and all reasonable effort and measures necessary to determine recoverability and to recover data from this media and or equipment.

Legal Rights:
The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owners behalf and all data contained therein sent to SalvageData. Any property left with SalvageData and unclaimed for 20 days, will be disposed. At which time, SalvageData shall have no liability to the client or any third party.

Liability:
SalvageData assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will SalvageData be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if SalvageData has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and SalvageData agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by the client. Client is fully 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 SalvageData, and assumes any and all known risks of injury and property damage that may result. In addition, SalvageData is not liable for possible damage to client media during transportation from or to our facilities.

Confidentiality:
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. SalvageData and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. SalvageData provides an absolute NON DISCLOSURE of any customer data.

Payment:
Client agrees to pay in full upon completion of services rendered by SalvageData. Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded). Other payment arrangements may be made prior to recovery. We accept Checks, P.O.s, VISA, MasterCard, American Express, and Discover. The client is responsible for all shipping charges regardless if the data is recovered or not. If the Client wishes to cease recovery at any point after a verbal or written agreement has been entered but before completion of services the Client will be charged 20% of the total recovery fee.

Encryption:
If at any point during the recovery process SalvageData concludes that the data is encrypted, we will require that the client provide the necessary decryption information, regardless if the customer had prior knowledge of the decryption. If the client cannot or will not provide the decryption information preventing SalvageData from completing the recovery, then SalvageData will consider this a breach of contract, and charge a fee of $200 or 20% of the recovery service quote provided, whichever is higher.

Replacement Drives:
SalvageData will provide at a reasonable cost to the Client an external drive for the recovered data. If the client chooses instead to provide a replacement drive for the recovered data, the drive must be new, with zero data already on the drive. The drive should have a standard IDE, SATA, USB, Firewire, or eSATA interface. The replacement drive must be shipped within 24-48 hours of approving recovery services.

Authorization of Recovery:
If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device or media we will apply our existing technology and standard processes and use our best reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize SalvageData to charge your credit card for such amount if we are able to successfully recover the data as promised.
SalvageData does not take responsibility for client error. If the client has sent in incorrect media to SalvageData and authorized recovery services, and SalvageData has completed a full recovery, the client will be responsible for a portion of the cost of the authorized services, $200 or 20% of the recovery service quote provided, whichever is higher.
The client understands that any time frame given at the time of authorization of recovery is an estimate, and SalvageData will use our best reasonable efforts to recover your data within the specified time frame. If due to circumstances outside of our control, SalvageData cannot deliver within the estimated time frame, the client is still responsible for the recovery service fee noted at the time of authorization of recovery.

Unrecoverable / Unsuccessful Recovery:
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.

Declined Services:
If data is determined to be unrecoverable, or we cannot successfully salvage and recover your data, there is no charge to you as our ‘no-data no-fee’ policy applies and there will not be assessed processing fees, however by sending media to us, you agree to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from such media.

Data Recovery Guarantee:
Your recovery comes with a 14 business day data guarantee. If we do not recover the data as promised, we will do everything possible to rectify the recovery (including: reshipment at our cost of original drive for additional recovery attempts, etc.) or refund all or part of the recovery fees paid.

Service Limitations:
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to SalvageData is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.

Severability:
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

Any modifications to this agreement must be requested in advance in writing, and must be approved by SalvageData Recovery.