DATA RECOVERY SERVICES TERMS and CONDITIONS
Upon ordering, receiving or using Memofix's data recovery services, you agree to the following terms and conditions:
Acceptance: By accessing and using Memofix Data Recovery Services, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
Authorization: You authorize Memofix and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us. Memofix will perform an evaluation of the data storage device to determine the nature of the damage and to provide an estimate of the cost of recovery and estimated time of completion. If you agree to the data recovery we will use reasonable efforts and apply our expertise to recover your data, but we can not guarantee that any data will be recovered. Our attempt to recover the data may result in damage to the device, media, or data, and may render all or part of your data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to us. By agreeing to have the data recovery performed, you agree to pay our fee if we are able to successfully recover the data as promised.
Successful Recovery Effort: If Memofix is able to successfully recover data, we will notify you and charge you. We will not release your data to you until you have paid for our data recovery services and costs (including, without limitation, applicable service fees, material costs, new media costs, shipping costs, customs duties, and taxes).
Unsuccessful or Partially Successful Data Recovery Effort: If Memofix is unable to recover data, we will inform you and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you and in some circumstances, we may choose to offer the recovered data for a reduced fee. In some case it may be necessary for us to purchase parts to complete a recovery which ultimately is not successful and in the course of attempting the recovery these parts may be rendered useless and without value. We will charge you for these parts but only if we have documented this in our quotation to you.
Acceptance of Quotation: If you agree to the data recovery quotation, you are also agreeing to have the quoted amount pre-authorize against your credit card. Upon successful completion of the recovery we will attempt to contact you either by email or phone no fewer than three times in the seven day period following the date of the successful recovery. If you do not respond to us during that period you agree to authorize us to charge your credit card for the amount which was quoted to you.
Disposal of Abandoned Device, Media or Data after 30 Days: Any property or data left unclaimed with us for greater than 30 days will be disposed of at our discretion; and you release us from any obligation of confidentiality or liability related to the device, media, and data.
Legal Rights: You represent to Memofix that you are the legal owner or the authorized representative of the legal owner of the storage device and data and are of the legal age of majority. You warrant that the data on your device is legal and that have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered; (c) to receive the recovered data; and (d) to agree to these terms. You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, or your rights or lack of rights thereto.
Confidentiality: Protecting the confidentiality of your data is paramount. Memofix will not disclose your Confidential Information to any third party, except as required by law and will use the Confidential Information for no purpose other than data recovery. Memofix shall only permit access to your Confidential Information to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations.
Disclaimer of Warranties, Representations and Guarantees: Memofix makes no express warranties, representations, or guarantees regarding our data recovery services or their results, and we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness. We perform this service as is, with all faults, at your sole risk.
Limitation of Liability: Memofix will not be liable for any claims relating to the physical functioning of the storage media or to the condition or existence of data on the storage media supplied before, during or after the data recovery service. Without limiting the generality of the foregoing, we will not be liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless of Memofix having advised of the possibility of damages or loss to persons or property. Memofix's liability of any kind with respect to the data recovery service, including any negligence on its part, shall be limited to the total amount you actually pay us for the data recovery services. The purpose of this limitation is to limit our liability for performing the data recovery services and the allocation of risk is reflected in our prices. You acknowledge that the price of our services would be much greater if we undertook more extensive liability. You acknowledge that you are aware of the inherent risks of injury and property damage involved with data recovery, including without limitation, risks due to the destruction or damage to the storage media and/or data and inability to recover data.
Terms of Payment: Payment is due in full upon completion of a successful recovery before data will be released unless different arrangements have been made in advance.
Governing Law: The laws of the province of Ontario will exclusively govern our provision of the data recovery services.
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.
Memofix Data Recovery Services Inc.
330 Millway Avenue, Unit 3, Vaughan, Ontario, L4K 3W2 (800) 636-6349 tel: (905) 660-4936 ext. 390 fax:(905) 660-4951
www.memofixdatarecovery.com