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1. Authorization
The client authorizes NY Computers Data Recovery Labs 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 and no work beyond this evaluation will be charged without explicit client approval.
The client authorizes NY Computers Data Recovery Labs, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
2. Legal Rights
The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to NY Computers.
Any property left with NY Computers unclaimed for 90 days, will be disposed. At which time, NY Computers shall have no liability to the client or any third party.
3. Limited Liability
NY Computers Data Recovery Labs 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.
In no event will NY Computers 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 NY Computers has been advised of the possibility of damages or loss to persons or property. NY Computers's 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 NY Computers agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at NY Computers's option, additional attempts by NY Computers to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of NY Computers's services would be much greater if NY Computers undertook more extensive liability.
Client 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 NY Computers, and assumes any and all known risks of injury and property damage that may results.
4. Confidentiality
NY Computers agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of NY Computers subject to confidentiality agreements or as required by law.
5. Payment
Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement.
The client is financially responsible for all shipping costs, custom duties and taxes to and from NY Computers.
Company cheques/checks and bank transfers are welcome. We also accept
VISA, Mastercard, American Express and Discover.
6. Warranty
NY Computers makes no warranty, express or implied, and NY Computers disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose.
7. Agreement
The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the Rules of the American Arbitration Association. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. The arbitration shall take place in the Country in which the NY Computers laboratory performing the services is located and the laws of the State in which such laboratory is located shall apply.
Approved By (Print):__________________________________________ Date:___________________________
Signature:
X___________________________________________________
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