The Customer warrants to Unique Data Recovery (UDR) that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to UDR; and the Customer will defend, at its expense, indemnify, and hold UDR harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or fees awarded against UDR resulting from the Customer’s breach of this section.
The cost estimate shall be provided after receipt of the hardware and following an initial review of the condition of the media. Should the cost estimate to recover the data be insufficient, UDR will notify me in writing via Email, or via telephone should additional time or charges apply prior to the commencement of additional work. Work will not continue until approval of the additional time has been granted and authorized by the Client.
I agree to pay UDR all amounts owing prior to the release of the data and/or the hardware. These charges shall be paid in cash, Certified Cheque or Money Order, Visa, MasterCard, or pre-authorized Purchase Order. Late payments shall be subject to interest at 12% per month. I agree that payment in FULL must be received by UDR prior to release of any material.
The Customer agrees that the equipment/data/media may be damaged, unusable or otherwise inaccessible prior to UDR.s receipt, and the Customer further acknowledges that the efforts of UDR and/or its suppliers to complete this engagement may result in the destruction of, or further damage to, the equipment/data/media.UDR, for itself and its suppliers, does not assume responsibility for any damages that may occur to the Customer equipment/data/media during or as a result of UDR.s efforts to complete this engagement.
UDR, for itself and its suppliers, makes no warranties or conditions for any good or service, either express, implied, statutory, or arising from any communication with the Customer.UDR, for itself and its suppliers, specifically disclaims any implied warranty of merchantability, or fitness for a particular purpose arising from usage of trade in the course of dealing or performance.
In no event will UDR or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of data, loss of business profits, loss of any warranties, business interruption, or other pecuniary loss, or incidental, consequential, or indirect damages arising from this Engagement even if UDR or any authorized representative, has been advised of the possibility of such damages. The Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The total liability of UDR or its suppliers to the Customer under this agreement shall in no event exceed the total sums paid by the customer to UDR.
UDR will use any Information provided by the Customer only for the purpose of fulfilling the Engagement and will use its best efforts to hold the Customer’s Information in the strictest confidence. UDR may disclose Information to the extent required by law. Confidentiality shall not apply to any information which entered the public domain through no fault of UDR; which was known to UDR prior to receipt from the Customer; which is disclosed to UDR by a third party (other than employees or agents of either party); which in making such information available to UDR is not a violation of any confidentiality obligation to the disclosing party; which is independently developed by UDR without recourse to the Customer’s information; or which is illegal.
By submitting equipment/media/data to UDR, Customer agrees to be bound by these Terms and Conditions. The Customer must notify UDR of any inaccuracies, or changes to this information. Any items which have not been claimed, or arrangements made for return, thirty (30) days after the date of this notice will be considered abandoned by the Customer and may be disposed of (including all equipment/media containing data) at the sole discretion of UDR.