The Customer warrants to A+ Data Recovery Data Recovery Technologies Inc. (A+ Data Recovery) that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to A+ Data Recovery; and the Customer will defend, at its expense, indemnify, and hold A+ Data Recovery harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or fees awarded against A+ Data Recovery resulting from the Customer.s breach of this section.
The Customer has advised A+ Data Recovery it has been unable to access, view and/or recover certain data, which the Customer represents to be its property, and engages A+ Data Recovery to use its best efforts to identify said problem (if not already identified), and use its best efforts to retrieve said data or portion thereof and to provide such other services as may be agreed to between the Customer and A+ Data Recovery in writing from time to time.
The Customer agrees that the equipment/data/media may be damaged, unusable or otherwise inaccessible prior to A+ Data Recovery.s receipt, and the Customer further acknowledges that the efforts of A+ Data Recovery and/or its suppliers to complete this engagement may result in the destruction of, or further damage to, the equipment/data/media. A+ Data Recovery, 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 A+ Data Recovery.s efforts to complete this engagement.
A+ Data Recovery, 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. A+ Data Recovery, 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 A+ Data Recovery 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 A+ Data Recovery 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 A+ Data Recovery or its suppliers to the Customer under this agreement shall in no event exceed the total sums paid by the customer to A+ Data Recovery.
A+ Data Recovery 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. A+ Data Recovery 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 A+ Data Recovery; which was known to A+ Data Recovery prior to receipt from the Customer; which is disclosed to A+ Data Recovery by a third party (other than employees or agents of either party); which in making such information available to A+ Data Recovery is not a violation of any confidentiality obligation to the disclosing party; which is independently developed by A+ Data Recovery without recourse to the Customer's information; or which is illegal.
By submitting equipment/media/data to A+ Data Recovery, Customer agrees to be bound by these Terms and Conditions. The Customer must notify A+ Data Recovery 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 A+ Data Recovery.