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These terms constitute the entire agreement ("Agreement") between the purchaser of the services described here in ("Customer") and Vital Data Recovery ("VitalData"). By engaging VitalData to provide the services, Customer agrees to this Agreement.
The Customer authorizes VitalData to perform certain services to include the evaluation of Customer's data loss situation, the repair and/or recovery of any retrievable data, and/or other related services (the "Services"). The Customer agrees that VitalData may need to open Customer's hard drive(s)/device(s) for diagnosis or repair and that Customer's warranty may be voided.
The Customer warrants that he/she is the legal owner or authorized representative of the legal owner of the property/media/equipment and all data contained therein sent to VitalData.
Customer agrees that Vitaldata assumes no liability for loss or damage to Customer's data and or property during the removal of media from the host computer/appliance, performing diagnostics, data recovery procedures, during shipment, for uninsured shipments, or during shipment between Vitaldata facility and associated entities. The parties agree the total liability of Vitaldata to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Vitaldata.
Customer acknowledges that any data storage devices or equipment subject to analysis or processing hereunder may have pre-existing damage or other problems, and that VitalData cannot, due to such pre-existing damage, assume responsibility for such damage or further problems resulting therefrom. Customer acknowledges and agrees that the provision of the services by VitalData may not result in the complete recovery of the data.
VitalData agrees not to disclose any and all information or data files supplied with, stored on, or recovered from Customer equipment except to employees, independent contractors, or agents of VitalData subject to confidentiality agreements or as required by law.
Customer agrees to pay VitalData all sums for the Services, including applicable fees for evaluation and recovery, shipping, taxes, if any, and parts or media. Payment is due in full upon completion of successful recovery, prior to release of data, unless by a special previous arrangement. If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts.
The Customer agrees that any items which have not been claimed within ninety (90) days after the date of completion of the evaluation, whether or not any Services performed have been paid for, will be considered abandoned by the Customer and will be disposed (including all data/media containing data) in sole discretion of VitalData.
This Agreement constitutes the entire agreement as to its subject matter and supersedes all prior and contemporaneous oral and written agreements. All changes to this Agreement must be made in writing and signed or acknowledged by both parties. Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby. This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of Montreal.
We perform this service "as is", with all faults, at your sole risk. We do not extend any express warranties, representations or guarantees regarding our data recovery services or their results, and we expressly disclaim all implied warranties, including any implied warranty of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness.