Terms and Conditions

The Engagement

Customer engages CDR Core Data Recovery Inc. to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.

Confidentiality

CDR Core Data Recovery will use any Customer information contained in the data, media and/or equipment provided to CDR Core Data Recovery by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this Agreement will remain Customer's sole property, and CDR Core Data Recovery shall employ reasonable measures to prevent the unauthorized use of such information, which measures shall not be less than those measures employed by CDR Core Data Recovery in protecting its own confidential information. CDR Core Data Recovery will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to CDR Core Data Recovery) and not to any other party. CDR Core Data Recovery will employ appropriate technical and organizational measures to safeguard Customer personal data and will act only on the instruction of the Customer with respect to Customer data. Customer hereby agrees to the transfer of Customer data to CDR Core Data Recovery as needed for the sole purpose of performing the Engagement.

Consent

Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorization if followed by written confirmation by CDR Core Data Recovery at the earliest possible opportunity.

Acknowledgment of Existing Conditions

Customer acknowledges that the equipment/data/media may be damaged prior to CDR Core Data Recovery receipt, and Customer further acknowledges that the efforts of CDR Core Data Recovery to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. CDR Core Data Recovery will not be liable for additional damage that may occur to the Customer's equipment/data/media during CDR Core Data Recovery efforts to complete the Engagement. Customer acknowledges and agrees that the provision of the services by CDR Core Data Recovery may not result in the complete recovery of the data.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES

CDR CORE DATA RECOVERY, MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND CDR CORE DATA RECOVERY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.

Limitation of Liability; Limitation of Damages

In no event will CDR Core Data Recovery be liable for any damages whatsoever, including without limitation damages for loss or damage occurring in transit, loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the Engagement, even if CDR Core Data Recovery or an authorized representative has been advised of the possibility of such damages. Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The parties agree the total liability of CDR Core Data Recovery to Customer under this Agreement shall in no event exceed the total sums paid by Customer to CDR Core Data Recovery.

Customer's Representation and Indemnification

Customer warrants to CDR Core Data Recovery that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to CDR Core Data Recovery, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold CDR Core Data Recovery harmless against any damages or expenses that may occur (including reasonable legal costs), and pay any cost, damages, or legal costs awarded against CDR Core Data Recovery resulting from Customer's breach of this section.

Authorize Evaluation Process

By signing below you authorize CDR Core Data Recovery Inc. to immediately proceed with the evaluation and charge the diagnosis fee set forth above. You also agree that this evaluation and any future data recovery requests will be performed per the terms of the "Terms and Conditions" document.

Clients who have received a copy of Core Data Recovery's service level (cost, time-line etc) by email and who have completed a job ticket and have agreed to send in or submit their device for data recovery agree to the minimum cost range ("Logical" $200-600). Any cost(s) over and above that minimum cost range where damage may be more extensive will be discussed and agreed to with client prior to that work being carried out and any final billing applied

Data Recovery Service

- VERIFICATION OF DATA

Upon a successful recovery attempt where some or all of the source (damaged) drives data has been recovered the client will receive notification from CDR Core Data Recovery by email or phone on the level of recovery and the specific data recovered. A text copy or "File-Listing" of the data recovered is provided to the client for review via FTP access or email. It is the responsibility of the client to verify all priority files and required data before continuing on with final payment. After final payment has been received and recovered data scheduled for shipping back to the client, CDR Core Data Recovery Data Recovery is not responsible for any refunds or reimbursements due to the client requesting additional data that was not included in its original copy of recovered data provided to and approved by the client. By paying for the final recovery fee the client thereby accepts and agrees to the level of recovery and the data set recovered by CDR Core Data Recovery.

- RETURN OF SOURCE MEDIA

The recovery process in this case does not include return of the original source (damaged) device(s). The source drive in this case is damaged beyond repair and can no longer write and store data reliably. The source drive will be kept for recycling by CDR Core Data Recovery unless otherwise instructed by the client on or before the completion of their recovery attempt. The recovery attempt has been will be considered closed once final payment has been made, unless otherwise agreed to by CDR Core Data Recovery.

- RETURN/ RECOVERY SUPPORT

Upon completion, payment and return of a successful recovery to the client, the clients CDR Core Data Recovery job account will remain open for a period of seven (7) days to ensure satisfaction. During that period the client is expected to inform CDR Core Data Recovery either by phone or by email of any issues with their returned recovered data set such as; broken or non-working target media & missing and/or corrupt data, or data that is not consistent with the recovered data set originally agreed to prior to job close. If CDR Core Data Recovery does not receive notification within the seven (7) day period, CDR Core Data Recovery assumes no responsibility for broken or non-working target media & missing and/or corrupt data, or data that is not consistent with the recovered data set originally agreed to prior to job close.

- DATA-SHUTTLE – USE & RETURN

A CDR Core Data Recovery "Data-Shuttle" is primarily but not entirely made up of a hard disk drive(s) (of varying storage capacity) assembled together with either a 2.5", or 3.5" external hard drive enclosure.
This device is intended for use in the transport of data to and from Core Data Recovery and its client(s). This device is used only as a temporary means to transport data and must be returned back to Core Data Recovery within five (5) business days of receipt. If the device is kept past the required return date it's replacement value as detailed in the original job quote will be charged to the client. Reimbursement can be issued for a past due Data-Shuttle pending the return of the device in its original operating condition within fourteen (14) days. A restocking fee will be applied in this case. In order to ensure that no personal or private data is left on the device it is the client's responsibility to "format" or remove any data from the device before returning it to Core Data Recovery. A data wipe (removal) procedure will be performed on the device before putting it back into service. Core Data Recovery assumes no responsibility for data of any type that remains on the device after its return.

In cases where the client wishes to use and chooses to include their own "Target" or replacement device such as a hard drive or any other similar storage device - Core Data Recovery is not responsible for any pre-existing data that may be saved to or included on the device at the time it is submitted to Core Data Recovery. - Clients who provide their own Target media are subject to having their Target media wiped and/or formatted prior to having the recovered data set copied onto the Target device. This is done to ensure the integrity and completeness of the recovered data set that is copied onto the Target device.