Data Recovery Service Terms & Conditions
The client authorizes Macanic Ltd or its agents to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of the data recovery cost and turnaround. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval. The client authorizes Macanic Ltd, its employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities. The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking Macanic Ltd to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify Macanic Ltd for any claims against Macanic Ltd related to this data recovery.
2.Failure to claim property
Any property left with Macanic Ltd unclaimed for 30 days, will be disposed or recycled. At which time, Macanic Ltd shall have no liability to the client or any third party.
Macanic Ltd shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service. THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED. IN NO EVENT WILL Macanic Ltd OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF Macanic Ltd BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY Macanic Ltd OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES -- EVEN IF Macanic Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY. Macanic Ltd'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 Macanic Ltd agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Macanic Ltd's option, either (a) additional attempts by Macanic Ltd to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Macanic Ltd's data recovery services would be much greater if Macanic Ltd undertook more extensive liability or promised additional remedies. 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 Macanic Ltd, and assumes any and all known risks of injury and property damage that may result. All data recovered will be kept for a period of 10 days after successful delivery to customer No charge will be made in the destruction of data. Data will be destroyed and thereafter no further records will be kept.
Macanic Ltd agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment to any third parties except to employees , independent contractors, lawyers, or agents of Macanic Ltd 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. Successful data recovery is defined as recovery of data that was not accessible or visible under the client’s computer operating system. The client agrees to pay for data recovery even if Macanic Ltd has partially recovered the data. No-data no-fee applies only when no data recovery is possible. The client is financially responsible for all shipping costs, custom duties and taxes to and from Macanic Ltd.
Macanic Ltd makes no warranty, express or implied, and Macanic Ltd disclaims any warranty of any kind, for the services being provided or discussed hereunder.