You are here: Home » Terms & Conditions
Terms & Conditions
|
|
DIAGNOSTIC PROCEDURE AND STORAGE MEDIA HANDLING:
The Client's storage media may be opened within an ISO 4 cleanroom laboratory which has been certified to meet the International Organization of Standardization and US Federal Standard 209E Class 10 specifications for Airborne Particulate Cleanliness. This classification of cleanliness standards should exceed most manufacturer environmental standards and not nullify valid warranty claims. However, the Client should consult their individual manufacturer for specific warranty information on their storage media. In no circumstances shall SDR be held liable for voided warranties by the storage media manufacturer.
The Client hereby acknowledges and agrees that the diagnostic procedure is neither foolproof nor perfect. Even though the diagnosis furnished by SDR to the Client may indicate a strong probability of a successful recovery outcome, SDR's professional assessment of the Client's storage media cannot guarantee that any specific result will be attained. No warranty is stated or implied in any way as to the accuracy of the assessment provided by SDR or the timeliness thereof. SDR shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its' sole discretion. SDR agrees to use all resources and technology available at any of SDR's facilities and/or laboratories to attempt the diagnostic procedure.
External hard drive enclosures will need to be disassembled in order to diagnose and/or recover the data from these storage devices. It may be become necessary to break or damage these enclosures in order to access the underlying internal storage media present within these storage devices. Similarly, devices such as iPods, iPads, iPhones, Netbooks, Notebooks, Laptops and other similar devices will also need to be opened in order to access the underlying storage media present within these storage devices. SDR will use its' best efforts to access the underlying internal storage media present within these devices without damaging the devices that contain the storage media. However, under no circumstances will SDR be held liable for voided warranties or damage that might be caused by opening these storage devices mentioned herein.
SDR may dispose of external enclosures, power adapters, data transfer cables and other similar accessories associated with the storage devices mentioned above at its' own discretion. The Client should notify their Dedicated Account Representative to request these accessories be returned prior to initiating this diagnostic work engagement.
Upon completion of SDR's professional assessment of the Client's storage media, SDR will provide a quotation as to what the costs of the recommended data recovery procedures will be. The quotation may be provided in writing, electronically by email or verbally over the phone. All amounts are payable in USD. Donor parts, expedited or emergency fees, final destination transfer media and surcharges are separate from the data recovery fees. Overdue obligations in excess of 30 calender days may be subjected to a 1.00% late fee or $20.00, whichever is greater, per month. Obligations delinquent more than 30 calender days will result in forfeit of any and all discounts that may be applied.
If the Client then elects to proceed with the data recovery process, the Client will need to approve, authorize, and pay for, those services subject to a separate written Service Agreement, before SDR will perform any additional work. If the client elects not to proceed with the data recovery process, the Client must request the storage media be returned and will be responsible for return shipping, handling and packaging costs accordingly.
SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE:
The Client's storage media upon arrival to SDR's laboratory will remain secure during the diagnostic procedure according to the rigorous internal security controls implemented at its' facilities. These controls have been certified and audited to meet SSAE 16 standards. SSAE 16 supersedes previous SAS 70 auditing practices. A copy of the Statement on Standards for Attestation Engagements No. 16 audit report for SDR is available to the Client upon request. Furthermore, SDR routinely performs intrusion and penetration tests on its' networks and at its' facilities. SDR has been certified as PCI compliant.
SDR guarantees to the Client that it will not disclose or deliver the storage media to any third parties unless specifically ordered to do so by any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method. SDR warrants that it will use the storage media only for the purposes of fulfilling this work engagement. SDR's staff and agents are trained to safeguard the privacy of the Client's Data. SDR enforces a very strict internal policy which ensures absolute discretion to our data recovery clients. This confidentiality agreement may be breached by SDR at any time, when the Client information is found to contain data such as child pornography or any information that may be detrimental to the United States national security.
The Client's storage media or recovered data shall only be released to those parties named in this legal declaration. Any parties not named herein can not claim or be released the said storage media or recovered data. Authorized data release individuals may be added by contacting your Dedicated Account Representative and requesting the addition be notated in SDR's database.
LAWFUL OWNERSHIP:
The Client hereby represents, warrants and affirms that they are the legal owner or are the authorized representative of the owner of any such storage media furnished to SDR. The client certifies that they have the legal right to engage SDR to perform the services, procedures, diagnostics and/or work. By engaging SDR, you the Client, declare that under penalty of perjury these representations are true and accurate. Furthermore, you the Client, agree to indemnify SDR for any claims related to this work engagement (and the services provided hereafter,) in the event that your representation provided herein is erroneous.
TRANSPORTATION AND STORAGE MEDIA LIABILITY:
The Client acknowledges that the storage media is already damaged prior to the receipt by SDR. SDR's process of the diagnostic and/or data recovery efforts may result in further damage to the storage media. SDR regrets that due to these efforts it will not assume responsibility for additional damage that may occur to the storage media.
The Client hereby authorizes SDR to receive and transport the Client's storage media, to and from (or between;) SDR's facilities, laboratories and to you the Client. Transportation of such storage media may be made by you the Client, SDR or third-party professional shipping couriers and/or transportation providers. SDR shall not be held liable for the state of the Client’s storage media nor for its transport to or from SDR’s facilities or laboratories provided by third-party professional shipping couriers or transportation providers. When SDR ships the Client's storage media, SDR ensures to make its’ best efforts in properly packaging and estimating the physical value of the Client's storage media for transport. The Client agrees to inform SDR in writing of special packaging requirements for the Client's storage media and the requested insurance value of the Client's storage media for transport.
Please Note: If a customer hard drive and/or media has a mechanical issue, Secure Data Recovery Services reserves the right to send out the customer media for an extensive repair to our secure lab locations and the customer is fully responsible for the $25.00 shipping and handling fee for the return of the drive Please note that if the client does not contact Secure Data Recovery Services within 30 days Secure Data Recovery Services reserves the right to properly dispose of the media that is sent in.
PROPERTY CLAIMS AND RECOVERED DATA CLAIMS:
The Client hereby acknowledges and agrees to claim their storage media and request it be returned within 30 calender days from the completion of the diagnostic procedure, data recovery process or last confirmed communication (as recorded by SDR.) The Client will be responsible for return shipping, handling and packaging costs accordingly. Failure to claim the storage media within this time-frame will result in the storage media securely being destroyed and disposed of. SDR shall have no liability for unclaimed storage media.
Claims regarding missing, corrupted or otherwise damaged data must be made in writing within 10 business days of receipt of the recovered data. A copy of the recovered data will remain on SDR's secure internal servers for 10 business days only, at which time the recovered data will be deleted from SDR's secure internal servers.
CLIENT ERROR AND MISINFORMATION:
The Client acknowledges and affirms that they have contacted SDR to inquire about the services provided by SDR and have engaged SDR to perform the diagnostic procedures stated herein. During the initial contact with SDR, SDR requested basic information such as contact information (your name, company name, address, phone number and email address;) the storage media itself (type of media, model number, capacity, operating system platform and form factor;) what information has been lost and which requires data recovery diagnostics (file names, file types, file/directory creation and modified dates, directory structure and related information;) and information concerning the storage media failure (date/time of the failure, possible cause of the failure and the circumstances related to the data loss scenario.) The Client asserts, to the best of their knowledge, that the information furnished to SDR is accurate and concise.
SDR asserts and the Client agrees that if SDR has been provided false, inaccurate or misleading information regarding the information furnished to SDR above and through SDR's diagnostic and/or data recovery efforts reveal that the information provided by the Client has hindered or compromised the diagnostic and/or data recovery process; SDR shall not be responsible for the final outcome of such efforts. Such misinformation may include storage media from a RAID array, virtual machine environment or server. If SDR has determined that it has been misinformed about the Client's state of the array, such as when a rebuild has taken place, when a failed disk is taken back online or when a disk in a RAID set fails several days before the second disk; the client may be responsible for additional recovery costs for completing the recovery. Please ensure that you provide as much information as possible regarding the data loss scenario and relay this information to your Dedicated Account Representative accordingly.
If the Client incorrectly furnishes the wrong storage media to SDR and SDR is successful in recovering the storage media, the Client will be responsible for the data recovery costs incurred. In addition, if the Client furnishes the wrong storage media to SDR, the client will be responsible for return shipping, handling and packaging costs accordingly. Please ensure that you provide SDR with the correct storage media.
GOVERNING LAW AND AGREEMENT ENFORCEMENT:
This agreement (and any agreements hereafter including any Addenda) constitutes the entire understanding between SDR and the Client. This agreement shall supersede any and all prior or contemporaneous understandings and agreements, whether oral or written, between SDR and the Client, with respect to this work engagement and subject matter thereof. This agreement can only be modified by a written amendment signed by both parties. This agreement shall be governed and construed in accordance with the laws of the state of California and the Federal and State courts of California shall have sole and exclusive jurisdiction over any disputes or claims arising under the terms of this legal declaration. Secure Data Recovery Services is the DBA for World Acceptance Group Corp, a California corporation.
THE CLIENT HEREBY ACKNOWLEDGES THAT THEY HAVE READ THE TERMS AND CONDITIONS STATED HEREIN AND THE FULL DISCLOSURE OF THE DATA RECOVERY PROCESS AT:
http://www.securedatarecovery.com/terms-of-use.html
AND AGREES TO THESE TERMS AND CONDITIONS ACCORDINGLY.
THE CLIENT HEREBY ACKNOWLEDGES AND AGREES NOT TO HOLD SDR LIABLE FOR ANY DAMAGES OR CLAIMS (SPECIAL, INCIDENTAL, PUNITIVE, CONTINGENT OR CONSEQUENTIAL) IN ANY EVENT, WHATSOEVER, FOR ANY REASON RELATED TO THIS DIAGNOSTIC WORK ENGAGEMENT OR SUBSEQUENT WORK OR GOODS PROVIDED BY SDR HEREAFTER.
 |
