Data Recovery Protection Plan Terms
IMPORTANT: EQUIPMENT WITH PRE-EXISTING CONDITIONS ARE NOT COVERED BY THIS PLAN.
REFER TO THE “NOT COVERED BY PLAN” SECTION FOR A LIST OF FULL EXCLUSIONS.
“SDI” – SecureData, Inc.
“Plan” – SecureData Recovery Protection Plan
“Customer” – the purchaser of the Data Storage Equipment covered by this Plan.
“Service Provider” – The entity appointed by and/or contracted by SDI to render certain data recovery services to the Customer under this Plan. In the U.S. and Canada, the Service Provider is SecureData, Inc. 3255 Cahuenga Blvd., # 301, Los Angeles, CA 90068, 323-944-0822.
“Data Storage Equipment” – The solid state drive (SSD), hard disk drive (HDD), multi-drive/device storage box, laptop or desktop computer, mobile phone, tablet, camera, drone, surveillance system (Personal Video Recorder, Digital Video Recorder), Gaming Consoles, external hard drive or the SD Card, MicroSD, CompactFlash, memory stick, thumb drive, DVD, or other removable data storage device which Customer purchased and which stores the data that is covered by this Plan.
“Preexistent Condition” – An issue that existed with Customer’s Data Storage Equipment prior to the issuance of this Plan. The last time stamp on the data written to or erased from the Data Storage Equipment must be later than the date Customer purchased this Plan as evidence that there was no Preexistent Condition.
“Flat Files” – Simple structure user generated, compiled files which do not require ancillary files to operate, such as images, audio/video files, documents. Specifically excludes dynamic files and system related files.
“Data Recovery Services” – Data recovery services of Flat Files. Specifically excludes installation or re-installation of any and all software and programs.
“Date of Purchase” – Date the Plan was purchased at an authorized source.
“Date of Claim” – Date the claim for Data Recovery Services was filed with SDI.
“Recovery Effort” – Data Recovery Services performed by SDI using all resources and technology reasonably available at any of SDI's facilities and/or laboratories to attempt the Data Recovery Services.
“Authorized Reseller” – Company of record where the Customer purchased the Plan. Must be authorized by SDI.
“Unsuccessful Attempt” – Data Recovery Services which yield non-recovery of the Customer’s data that is covered by this Plan. For the avoidance of doubt, there must be a complete non-recovery of data from the Data Storage Equipment. Partial or limited results do not qualify as an Unsuccessful Attempt.
DATA STORAGE EQUIPMENT ELIGIBILITY
This Plan can only be utilized by the same Customer and for the same Data Storage Equipment (as identified by its serial number) that appears on the proof of purchase. Data Storage Equipment eligible for coverage under this Plan must be purchased as new, with manufacturer’s original warranty. This Plan covers the Flat Files stored on the Data Storage Equipment. For a full list of exclusions from coverage, see the Section “NOT COVERED BY PLAN”. In the event the Customer inadvertently purchases a Plan for Data Storage Equipment not eligible for coverage, the Customer must contact the Authorized Reseller for a refund of the Plan purchase price and coverage shall be deemed null and void. Any accessories not storing data are explicitly excluded from coverage under this Plan.
DATA RECOVERY SERVICES
Under this Plan, the Data Storage Equipment is eligible for one (1) Recovery Effort during the term of coverage and pursuant to the terms and conditions of this Plan. This Plan does not provide coverage for any of the losses set forth in the section titled “NOT COVERED BY PLAN”.
SDI cannot and does not promise any particular results. SDI does not guarantee that any data will be recovered. The Customer hereby acknowledges that the Data Storage Equipment is already damaged and/or malfunctioning prior to SDI receiving it from the Customer; and SDI's Data Recovery Services and/or Recovery Efforts may result in further damage or malfunctioning to the Data Storage Equipment. SDI will use its best efforts to prevent or minimize this risk. However, SDI will not be liable to the Customer for any additional damage or malfunctioning that may occur to the Data Storage Equipment as a result of SDI's Data Recovery Services, Recovery Efforts and/or storage media removal, as well as any loss or damage to property during shipment(s).
SDI will carry out the Data Recovery Services by any means SDI at its sole and complete discretion deems necessary, which may void the Data Storage Equipment OEM warranty.
The Customer will be required to ship the Data Storage Equipment, or, if the data storage component of the Data Storage Equipment is removable to ship only the data storage component, to SDI’s designated laboratory facility for the Data Recovery Services. It is the Customer’s responsibility to use packaging that provides protection for the Data Storage Equipment (or the data storage component) appropriate to prevent any further damage during shipping. The Customer is responsible for any risk of loss or damage of the Data Storage Equipment (or the data storage component) during shipping. To the extent possible, the Customer should back up accessible data on the Data Storage Equipment before shipping it to SDI for the Data Recovery Services.
This Plan shall be considered fulfilled in its entirety, and SDI shall be discharged from any further obligations under this Plan, once SDI has rendered services for one (1) Recovery Effort.
TRANSPORTATION OF DATA STORAGE EQUIPMENT
The Customer hereby authorizes SDI to receive and transport the Data Storage Equipment to and from (or between) SDI's facilities, laboratories and to the Customer. SDI shall not be held liable for any loss or damage to the Data Storage Equipment during such transportation, including (but not limited to) that caused by third-party professional shipping couriers or transportation providers.
HANDLING OF DATA STORAGE EQUIPMENT AND ACCESSORIES
External hard drive enclosures will need to be disassembled in order to diagnose and/or recover the data from this Data Storage Equipment. It may be necessary to break or damage these enclosures in order to access the underlying internal storage media contained within this Data Storage Equipment.
Similarly, devices such as iPods, iPads, iPhones, Netbooks, Notebooks, Laptops, Desktops and other similar devices will need to be opened in order to access the underlying storage media present within such Data Storage Equipment. The Customer hereby acknowledges the foregoing and authorizes SDI to take such actions necessary for the Data Recovery Services.
The following clause applies to the maximum extent permitted by applicable law. Neither SDI nor any Authorized Reseller shall be liable for any harm caused to Data Storage Equipment (unless proven that such harm was caused intentionally); including any consequential voidance of an OEM warranty resulting from Data Recovery Services performed on the Data Storage Equipment in accordance with the terms and conditions outlined in this Plan.
RETURN OF RECOVERED DATA
The Customer’s recovered data (if any) may either be, at SDI sole discretion, loaded into a cloud-based data storage location from which Customer’s recovered data will be available to Customer for sixty (60) days or transferred on a physical media storage device which must be purchased from SDI separately or shipped at Customer expense to SDI facility.
DATA STORAGE EQUIPMENT RETURN / DISPOSAL
Typical Recovery Efforts utilized during the Data Recovery Services may render the Data Storage Equipment inoperable and will be subject to secure disposal.
SDI, at its sole and complete discretion, may dispose of broken, damaged, or non-working external enclosures, power adapters, and data transfer cables, or other similar accessories associated with the Data Storage Equipment. If the Customer would like such accessories to be returned, the Customer: (1) must notify SDI in writing and have confirmation of the request that these accessories be returned prior to beginning the Data Recovery Services; and (2) will be responsible for all return shipping and handling costs. The Customer hereby agrees that, absent such notification, SDI will not be liable to the Customer for the disposal of any such items.
If no such written request is made by the Customer, Customer hereby authorizes SDI to dispose of the Data Storage Equipment and all storage media and accessories.
Data Storage Equipment that has been abandoned in excess of 60 days of SDI’s completion of its Recovery Effort, and any and all accompanying storage media and accessories, may be disposed of by SDI, at its sole and complete discretion, and the Customer hereby releases SDI from any obligation of confidentiality related to the Data Storage Equipment, storage media, device, and data.
UNRECOVERABLE DATA LOSS / UNSUCCESSFUL ATTEMPT
In some cases the Customer’s data may not be recoverable. In such situations, the Customer will be entitled to a refund of the purchase price of this Plan, issued by the Authorized Reseller; which may be in the form of a retail gift card, at the sole discretion of the Authorized Reseller, and SDI shall then be discharged from any further obligations under this Plan.
FILING A CLAIM FOR DATA RECOVERY SERVICES
The Customer must contact SDI and provide details of the data loss. The Customer will then be instructed on the next steps for filing a claim under this Plan. For faster service, please have the dated proof of purchase (sales receipts from the Authorized Reseller) and the Plan number available when contacting SDI. A valid proof of purchase will be required at the time of filing a claim. NOTE: THIS PLAN WILL BE NULL AND VOID IF UNAUTHORIZED ATTEMPTS TO RECOVER THE DATA STORAGE EQUIPMENT OR LOST DATA WERE MADE (SEE “NOT COVERED BY PLAN” BELOW FOR MORE DETAILS). Data Recovery Services will be provided during normal business hours only (9:00 a.m. to 5:00 p.m.).
USE OF SITE AND ACCOUNT
The Customer warrants that they are the legal owner or the authorized representative of the owner of the Data Storage Equipment and the data submitted to SDI for service under this Plan. The Customer warrants that the data on the Data Storage Equipment is legal and that the Customer has unrestricted legal rights to (a) grant access to the data, (b) have the data recovered and reproduced on a backup medium, (c) receive the recovered data, and (d) agree to the terms under this Plan. The Customer agrees to defend, indemnify, and hold SDI and any Authorized Reseller (and their respective directors, officers, employees, agents, contractors, and affiliates) harmless from any and all claims or actions relating to the Data Storage Equipment or data, or the Customer’s rights (or lack of rights) thereto.
The Customer and SDI will attempt to resolve any dispute related to the Data Recovery Services or this Plan through good faith negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services (“JAMS”). Each party will bear their own costs in arbitration. All proceedings will take place in Los Angeles County, California, USA. The laws of the State of California will exclusively govern such dispute, without regard to California's conflicts of laws rules. The Customer hereby consents to the exclusive jurisdiction of the courts located in Los Angeles County, California, USA. Both parties waive their rights to a jury trial.
LIMITATION OF LIABILITY / DISCLAIMER OF WARRANTIES
THE CUSTOMER HEREBY AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF SDI TO THE CUSTOMER FOR WORK PERFORMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE MSRP OF THE COVERED DATA RECOVERY EQUIPMENT (THE “MAXIMUM LIABILITY LIMIT”) OR REPLACEMENT OF THE COVERED DATA RECOVERY EQUIPMENT, WHICHEVER IS LOWER, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. UNDER NO CIRCUMSTANCES SHALL SDI BE LIABLE TO THE CUSTOMER IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS (BUT NOT LIMITED TO) DELAY, DISRUPTION, LOSS OF PRODUCT, LOSS OF ANTICIPATED PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR SYSTEM, NON-OPERATION OR INCREASED EXPENSE OF OPERATION OF OTHER EQUIPMENT OR SYSTEMS, COST OF CAPITAL, OR COST OF PURCHASE OR REPLACEMENT EQUIPMENT OR SYSTEMS, REGARDLESS OF WHETHER SDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES – UNLESS THE CUSTOMER PROVES THAT SDI CAUSED DAMAGES TO THE CUSTOMER INTENTIONALLY. AS USED IN THIS SECTION, "SDI" INCLUDES SDI AND ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES. BY REQUESTING THE DATA RECOVERY SERVICES DESCRIBED IN THIS PLAN, THE CUSTOMER ACKNOWLEDGES THAT THE CHARGES REFLECT THIS LIMITATION OF LIABILITY AND ALLOCATION OF RISK.
SDI PROVIDES THIS PLAN AND ANY SERVICES PROVIDED OR ATTEMPTED HEREUNDER “AS IS,” WITH ALL FAULTS, AT THE CUSTOMER’S SOLE RISK. SDI DOES NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING THIS PLAN OR ANY RESULTS THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SDI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS WITH RESPECT TO THIS PLAN.
These terms and conditions describe certain legal rights. The Customer may have other rights under applicable law. These terms and conditions do not change the Customer’s rights under applicable law if such laws do not permit these terms and conditions to do so.
THIS AGREEMENT IS NOT A SERVICE CONTRACT OR AN INSURANCE POLICY, CERTIFICATE OR CONTRACT. THIS AGREEMENT DOES NOT PROVIDE (A) REPAIRS TO OR REPLACEMENTS OF ANY TANGIBLE EQUIPMENT OR PROPERTY; WHETHER OR NOT SUCH DAMAGES ARISE FROM A MANUFACTURER DEFECT OR NORMAL WEAR AND TEAR, OR (B) INDEMNIFICATION OR PAYMENT FOR DAMAGES TO ANY PROPERTY CAUSED BY OR ARISING FROM FORTUITOUS EVENTS.
ENTIRE AGREEMENT, AMENDMENTS AND SEVERABILITY
This Agreement constitutes the full and complete agreement between the Customer and SDI, and supersedes any and all other agreements or understandings, whether written oral, between the Customer and SDI with respect to this Plan. This Agreement can be modified or amended only by a separate and distinct written agreement signed for by the Customer and SDI. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
TERM OF COVERAGE
Coverage under this Plan begins on the date of Plan purchase and continues for the period of time specified on the Customer’s Plan proof of purchase (sales receipt); subject to the terms and conditions stated herein.
NOT COVERED BY PLAN
THIS PLAN DOES NOT PROVIDE COVERAGE FOR DATA RECOVERY SERVICES, LOSS OR DAMAGE TO CUSTOMER’S DATA STORAGE EQUIPMENT CAUSED BY OR RESULTING FROM ANY OF THE FOLLOWING, UNLESS OTHERWISE EXPLICITLY STATED BELOW:
- Preexistent Conditions (the last time stamp on the data written to or erased from the Data Storage Equipment must be later than the date Customer purchased this Plan as evidence that there was no Preexistent Condition);
- Mechanical, electrical or operational breakdown of Customer’s Data Storage Equipment – SDI’s LIABILITY IS SOLELY LIMITED TO THE RECOVERY ATTEMPT OF CUSTOMER’S LOST OR DAMAGED DATA, AND SDI SHALL NOT BE RESPONSIBLE FOR REPAIRING OR REPLACING CUSTOMER’S ORIGINAL DATA STORAGE EQUIPMENT;
- Collision with or explosion of another object;
- Unauthorized repairs, improper installation or attachments, or transportation damage;
- Lack of manufacturer specified maintenance or improper Data Storage Equipment modifications;
- Vandalism, animal or insect infestation, rust, dust, corrosion; and
- Natural disasters, fire or flood.
THIS PLAN DOES NOT PROVIDE COVERAGE FOR ANY OF THE FOLLOWING DATA STORAGE EQUIPMENT, PRODUCTS, OR DATA STORAGE EQUIPMENT COMPONENTS:
- Data Storage Equipment that is network-attached storage or multi-drive storage capable of housing more than four (4) drives;
- Data Storage Equipment used in a data center, server farm, storage farm, storage cloud, cloud storage, computing cluster, storage cluster or storage area network (SAN);
- Data Storage Equipment sold without a manufacturer’s/retail warranty or sold “as is;”
- Data Storage Equipment utilized in a manner that is inconsistent with either the design of the Data Storage Equipment or the way the OEM intended the Data Storage Equipment to be used;
- Components not contained with the housings of the Data Storage Equipment;
- Data Storage Equipment with removed or altered serial numbers;
- Public rental Data Storage Equipment or products used in communal settings (use of Data Storage Equipment for these purposes will cause this Plan to provide no coverage); and
- If Data Storage Equipment covered by Plan holds more than one (1) data storage/memory drive/device, this Plan only covers the Data Recovery Services of one (1) data storage/memory drive/device.
THIS PLAN DOES NOT PROVIDE COVERAGE FOR ANY OF THE FOLLOWING COSTS, EXPENSES OR SERVICES:
- Data Recovery Services when such are covered by manufacturer’s recall, manufacturer’s factory bulletins, insurance, or another service agreement;
- Cleaning, preventative maintenance, or customer education expenses related to the Data Storage Equipment, or any resultant damage caused by such;
- Service required as a result of any alteration of the Data Storage Equipment, or repairs made by anyone other than a servicer authorized by SDI, or the use of supplies other than those recommended by the manufacturer;
- Liability or damage to property, or injury or death to any person arising out of the operation, maintenance or use of the Data Storage Equipment;
- Expenses incurred from the dismantling or reinstallation of fixed infrastructure when removing the Customer’s Data Storage Equipment from, or installing an alternate media device into, a custom installation;
- Any perceived or actual monetary value associated with lost data, except to the extent covered under this Plan;
- Repairs to or replacements of any tangible Data Storage Equipment or property; and
- Indemnification or payment for damages to any property caused by or arising from unexpected events.
OUR RIGHT TO RECOVER EXPENSES
If the Customer has the right to recovery against another party of any expenses SDI has incurred to perform the Data Recovery Services under this Plan, the Customer’s rights shall become SDI’s rights. The Customer shall do whatever is necessary to enable SDI to enforce these rights.
SDI reserves the right to unilaterally cancel this Agreement if SDI determines that the Customer has breached this Agreement and/or is unfairly abusing the benefits offered hereunder. In such case, SDI shall return all payments received from the Customer made pursuant to this Agreement, and SDI shall then have no further obligations hereunder.