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The services
you are requesting will be performed under the following terms
and conditions. This is the complete agreement between you and
ACS Forensics, Inc. dba ACS Data Recovery. ACS
Data Recovery must approve any modification to this Service Agreement
in writing.
1.You hereby
engage ACS Data Recovery and/or its suppliers to use all commercially
reasonable efforts to determine the existence and extent of recoverable
data on your media (“Evaluation”) and retrieve and/or provide
access to your recoverable data (“Data Recovery”), or to delete
data from your media (“Deletion”) (collectively, the 'Engagement')
2. Information
contained in your data/media (“Client Information”) will be used
by ACS Data Recovery only for the purpose of fulfilling this Engagement,
and will otherwise be held in confidence by ACS Data Recovery.
These confidentiality obligations shall not apply to any information
which enters the public domain through no fault of ACS Data Recovery,
which was known to ACS Data Recovery prior to receipt from you,
which is disclosed to ACS Data Recovery by a third party (other
than employees or agents of either party) which to ACS Data Recovery's
knowledge in making such information available to ACS Data Recovery
is not in violation of any confidentiality obligation to you,
which is independently developed by ACS Data Recovery without
recourse to the Client Information, or which is used by ACS Data
Recovery in any legal process. You acknowledge that ACS Data Recovery
may keep record copies of its deliverables and the data/media
received from you under this Agreement. This confidentiality agreement
may be breached by ACS Data Recovery at any time, when Client
Information is found to contain data such as child pornography
or information that is detrimental to national security.
3. You will
be charged a custom quoted Data Recovery Fee and you agree to
be responsible for all media, shipping and handling charges and
all risk of loss during shipping, even by ACS Data Recovery between
its offices. You agree to pay all charges quoted, plus shipping
charges, as well as taxes and similar charges. No services will
be performed and no charges incurred unless you consent by executing
this Service Agreement. Additionally, in the event data is deemed
unrecoverable, you agree to pay all shipping charges associated
with the return of the unrecoverable media to you. In the event
you decide not to have your media returned, or you fail to provide
payment for return shipping, the media/data/equipment will become
the property of ACS Data Recovery 90 days after any evaluations
or recovery attempts have been completed.
4. You acknowledge
that the media/data/equipment you are making available to ACS
Data Recovery is already damaged, that data recovery efforts can
result in further damage, and that ACS Data Recovery is not responsible
for this or any other type of damage, including damage to or failures
by equipment or media furnished by ACS Data Recovery.
5. You
warrant and represent and warrant to ACS Data Recovery that you
are in lawful possession of all data, media and/or equipment you
make available to ACS Data, and that you have a lawful purpose
to engage ACS Data Recovery for the Engagement. If you are requesting
any Deletion services of any kind whatsoever, you hereby warrant
and represent that such data is not involved in any current or
anticipated legal proceeding, investigation or government inquiry.
You agree to indemnify and hold ACS Data Recovery harmless from
any and all claims, liabilities, costs (including attorneys’ fees)
and damages of any kind related to this Service Agreement.
6. You agree
that ACS Data Recovery grants no warranties regarding its services
of any kind, and all services are provided on an “as-is” basis.
Any issues regarding recovered data (either data corruption or
incomplete recoveries) must be addressed within 10 business days
of the completed and shipped recovery. After 10 business days
your recovered data will be qualified as acceptable, and it will
be removed from our servers. Any additional recovery attempts
will be subject to additional recovery charges. ACS Data Recovery
will focus on the file types or specific file names specified
within this request form. If no specifications are made then a
generalized recovery of all available data will be made and this
may or may not include data that may be deemed desireable by you.
ALL IMPLIED WARRANTIES (INCLUDING THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED.
7. ACS
DATA RECOVERY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,
OR EXEMPLARY (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
OR DATA, AND THE LIKE) ARISING OUT OF THE SERVICES OR DELIVERABLES
PROVIDED HEREUNDER, EVEN IF ACS DATA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8. Any consent
required of either party will be effective if provided in a commercially
reasonable manner, which includes without limitation email or
facsimile, and/or verbal authorization if followed by written
confirmation at the earliest possible opportunity. ACS Data Recovery
will store your data for 10 business days after your recovery
has been completed. After such 10 business day period, ACS Data
Recovery will delete your data. We can remove data sooner at customer
request.
9. Should
your data be deemed completely “Unrecoverable”; or you simply
elect not to have your data recovered, return shipping charges
and expedite fees (if applicable) will remain your responsibility.
Unrecoverable” means that there is mechanical failure or severe
data corruption in the media that precludes access to any data
on the media by any means within ACS Data Recovery's capability.
This definition does not apply in cases where 'desired' data is
not present.
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