TERMS & CONDITIONS: By signing this work order, you hereby authorize Data Savers LLC (“Data Savers”) to attempt to recover data (the services) from your defective hard drive or other media (your property) and agree to the terms and conditions described below.
Payment, Past Due Invoices & Collection: You agree to pay for and pick-up all of your property upon notification of completion of the services. Invoices more than 60 days past due will be turned over to a collection agency. You agree to reimburse us the fees of our collection agency, which may be based upon a percentage of the account balance not to exceed 25%, plus any other costs and expenses, including reasonable attorneys’ fees, associated with our collection efforts. Data Savers LLC reserves all applicable lien rights over your property for unpaid services.
Property: Any of your property left with Data Savers LLC for over 30 days from the date of completion of the services will be deemed abandoned and is subject to disposal or reuse at the sole discretion of Data Savers LLC in accordance with applicable law. PLEASE NOTE THAT YOUR RECOVERED DATA AND MEDIA WILL LIKELY BE UNAVAILABLE AFTER THAT DATE, but the payment for services performed will still be due and payable in full.
Limitation of Liability: Please understand that data recovery is a salvage operation. There is no guarantee that data, or specific files, can be recovered. It is also possible that routine data recovery techniques applied to a damaged drive will result in additional damage to the contents of the drive, especially if the subject drive has been dropped. Data Savers LLC is not responsible for loss to your property by fire, flood, or theft, or other circumstances beyond its direct control, and in all events, DATA SAVERS’ LIABILITY FOR LOSS TO YOUR PROPERTY WHILE IN DATA SAVERS’ CUSTODY WILL BE LIMITED TO THE REPAIR OR REPLACEMENT COSTS FOR SUCH PROPERTY, WHERE PROPERTY IS DEFINED AS ONLY THE DRIVE OR OTHER TANGIBLE PROPERTY DELIVERED TO DATA SAVERS. DATA SAVERS’ LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES OTHER THAN THE AFORESAID ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICES IS LIMITED TO THE AMOUNTS YOU PAID TO DATA SAVERS FOR SUCH SERVICE. DATA SAVERS SHALL NOT BE LIABLE FOR, AND YOU HEREBY WAIVE, INDIRECT, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES. IT IS UNDERSTOOD THAT THE AFOREMENTIONED WAIVER OF INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IS A MATERIAL PORTION OF THE CONSIDERATION RENDERED TO DATA SAVERS, AND THAT WITHOUT SUCH WAIVER, DATA SAVERS WOULD NOT RENDER SERVICES TO YOU.
You hereby indemnify and hold harmless Data Savers LLC against, any and all damages, losses, or expenses caused in whole or in part, directly or indirectly, by: (i) your breach of any term or provision of any invoice or work order, or (ii) any claims brought by any third party related to the services or your property.
Retention of Data: Our recovery process entails making a sector copy of your media (called the clone). Please note that we keep the clone for 10 calendar days following completion of the services. If you need us to retain the clone for longer than said 10 calendar days, you must notify us in advance in writing (e.g. via acknowledged e-mail or our help desk system). Otherwise, the clone will be erased and further data recovery efforts will not be possible.
Confidentiality of Data: We treat your data with confidence and respect. Only technicians and others with a need-to-know basis will have access to it. During the recovery process, we do a spot check of various file types to gauge the fidelity and viability of the recovered data. We do not have time to survey the entirety. If, however, in this process we discover child pornography or other illegal content, we will notify the proper authorities. Do not submit your drive to us if it contains illegal content. We offer an optional Non Disclosure Agreement [NDA] as a downloadable item from our website, for anyone who is interested or concerned. If the services involve transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize Data Savers LLC to transfer the information and accept such terms on your behalf in performing the services. DATA SAVERS HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICES.
Your Post-Recovery Responsibilities: Please check your recovered data immediately upon receipt, and notify us ASAP in writing if there are any problems that may require further action. As noted previously, if you wait longer than 10 calendar days following completion of the services, your options for further data recovery will be limited or may have expired. Make a backup of the drive or other media that contains your recovered data as soon as possible. All hard drives are subject to failure, at any time, without warning – even brand new ones. Our warranty is limited, so please see below.
Warranty: Data Savers LLC warrants, for ninety (90) days from the date of completion of the services, that services will have been performed in a workmanlike manner. If you give Data Savers LLC written notice of any such non-conforming service during the ninety (90) day warranty period, Data Savers LLC, at its option, will correct the non-conforming services, or refund the sums you paid to Data Savers LLC for the services. OTHER THAN THE AFORESAID EXPRESS LIMITED WARRANTY, DATA SAVERS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Any PARTS OR PRODUCTS PROVIDED BY DATASAVERS ARE ON AN “AS-IS WHERE-IS” BASIS. IF DATASAVERS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
Warranty Exchanges from Manufacturers: All drives and new media sold by Data Savers LLC carry limited manufacturers’ warranties, but recovery under said warranty is solely between you and the particular manufacturer. If we provide a replacement drive from Western Digital Corp., such drive is covered by a limited warranty by Western Digital and, as an accommodation to you, we may process said warranty on your behalf as described below. The Western Digital warranty on the replacement drive typically lasts for the duration of the original warranty on the broken drive. We do not warrant Western Digital’s or any other manufacturers’ replacement drive or other products. It is important that you back up your recovered data as soon as you receive it from us.
General: If any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect. These terms and conditions are: (i) incorporated into and integrated with the work order and any associated invoices provided by Data Savers LLC to you, and, together with said documents, constitute the entire agreement between you and Data Savers LLC with respect to the services, (ii) shall control if any said agreements conflict herewith, (iii) are governed in all aspects by the laws of the State of Georgia, without regard to conflicts of law provisions that required the application of the substantive law of any other jurisdiction, (iv) cannot be changed without Data Saver’s express written consent, (v) are binding upon the parties and their respective successors and assigns, and (vi) shall survive the completion or termination of the services. Data Savers LLC may subcontract with other service providers for all or any portion of the services. Any disputes arising out of or relating to this work order shall be brought exclusively in the state or federal courts in DeKalb County, Georgia, and you hereby waive all objections regarding venue or jurisdiction.