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Terms & Conditions
1. Authorization
· The client authorizes AAA - TPR Data Recovery 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 AAA - TPR Data Recovery, 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 AAA - TPR Data Recovery.
· Any property left with AAA - TPR Data Recovery
unclaimed for 90 days, will be disposed. At which time, AAA - TPR Data Recovery
shall have no liability to the client or any third party.
3. Limited Liability
· AAA - TPR Data Recovery 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 AAA - TPR Data Recovery 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 AAA - TPR Data Recovery has been advised of the possibility of
damages or loss to persons or property. AAA - TPR Data Recovery'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 AAA - TPR Data Recovery agree that the
sole and exclusive remedy for unsatisfactory work or data shall be, at AAA - TPR
Data Recovery's option, additional attempts by AAA - TPR Data Recovery to
recover satisfactory data or refund of the amount paid by the client. The
parties acknowledge that the price of AAA - TPR Data Recovery's services would
be much greater if AAA - TPR Data Recovery 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 AAA - TPR Data Recovery, and assumes any and all known risks
of injury and property damage that may results.
4. Confidentiality
· AAA - TPR Data Recovery 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 AAA - TPR Data Recovery
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 AAA - TPR Data Recovery.
· Company cheques/checks and bank transfers are
welcome. We also accept VISA, Mastercard and, American Express. Purchase
orders must be pre-approved.
6. Warranty
· AAA - TPR Data Recovery makes no warranty, express
or implied, and AAA - TPR Data Recovery 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 AAA - TPR Data Recovery laboratory
performing the services is located and the laws of the State in which such
laboratory is located shall apply.
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