Terms of Service PDF Print E-mail
By signing and submitting our intake form you agree to the following Terms of Service:

1. Authorization: The client authorizes Crashed Hard Drive Recovery and/or its affiliates to conduct an evaluation of the media supplied to determine the nature of the damage and provide a quote of recovery cost and timing. The client authorizes Crashed Hard Drive Recovery, its employees, and agents, to receive, transport, and have work performed on said media/equipment/data to, from and between different facilities as necessary. On approval of recovery costs, the client authorizes Crashed Hard Drive Recovery to perform any and all measures necessary to recover data from this media and or equipment.

2. Legal Rights: The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to Crashed Hard Drive Recovery. In most cases the original drive can be returned to the customer, if requested. In cases where the drive is repaired in a "clean-room" environment the drive will only be returned if physically possible and only upon client request. Any property or equipment left with Crashed Hard Drive Recovery for a period of 15 days (or more) without any ongoing communication (for example, but not limited to, unrecoverable media, client cancellation, pending client approval etc.) will be destroyed or recycled, at which time, Crashed Hard Drive Recovery shall have no liability to the client or any third party.

3. Limited Liability: Crashed Hard Drive Recovery shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will Crashed Hard Drive Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Crashed Hard Drive Recovery has been advised of the possibility of damages or loss to persons or property. Crashed Hard Drive Recovery’s liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and Crashed Hard Drive Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Crashed Hard Drive Recovery’s option, additional attempts by Crashed Hard Drive Recovery to recover satisfactory data or refund (partial or full) of the amount paid by the client. The parties acknowledge that the price of Crashed Hard Drive Recovery services would be much greater if Crashed Hard Drive Recovery undertook more extensive liability. Client is aware of the inherent risks involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the accidental damage caused by general usage of recovery equipment. Crashed Hard Drive Recovery will not be held responsible or liable for the above risks. To perform data recovery on any type of external hard drive or device, Crashed Hard Drive Recovery may be required to open the external enclosure. Crashed Hard Drive Recovery will not be liable or responsible for any warranties that may be voided during or as a result of this process. If the client purchases a new external hard drive from Crashed Hard Drive Recovery in order to furnish recovered data, Crashed Hard Drive Recovery will be liable for data loss due to media failure for 7 days from the recovery date, customer pickup or delivery date, whichever comes later. No liability is given for accidental damage, user error or customer supplied media or drives.

4. Confidentiality: Crashed Hard Drive Recovery agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Crashed Hard Drive Recovery subject to confidentiality agreements or as required by law.

5. Payment: Payment is due in full upon completion of successful recovery, prior to release of data whether shipped, picked up or uploaded. The client is financially responsible, if applicable, for all shipping costs, insurance, custom duties and taxes to and from Crashed Hard Drive Recovery Cashier Check, Money Order, Cash or Credit Cards (VISA, MasterCard, American Express and Discover) are welcome. Client is aware of the minimum cost for recovery and willing to pay the said minimum amount. It is at Crashed Hard Drive Recovery’s discretion whether the recovery can be released at our minimum cost. If client chooses not to proceed with the recovery, due to but not limited to, costs incurred client understands that a $35 fee may be required in order to return damaged media via USPS, UPS or FedEx. There is no fee to return media if customer picks up in person. Upon evaluation results approval of quote is required within 48 hours. Upon approval of labor quote credit card provided can be charged at any time once it has been determined that a successful recovery is possible. Any applicable deposits or fees are due upfront and are non-refundable. *If we are unable to successfully recover your data, you pay us nothing other than any pre-requisite fees (if applicable). This guarantee does not apply to situations where client decides they no longer desire a successful recovery after Crashed Hard Drive Recovery has been authorized to execute a successful recovery.

6. Warranty: Crashed Hard Drive Recovery makes no warranty, express or implied, and Crashed Hard Drive Recovery disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose.

7. Agreement: The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to mediation, in accordance with the Rules of the American Mediation Association. Either party may enforce the award of the mediator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. The mediation shall take place in the Country in which the Crashed Hard Drive Recovery laboratory performing the services is located and the laws of the State in which such laboratory is located shall apply.
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