1. Authorisation
The client authorizes Data Recovery Thai or its agents to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of the data recovery cost and turnaround. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval.
The client authorizes Data Recovery Thai, its employees, independent contractors, and agents, to receive and transport this media and/or equipment and/or data to, from and between their facilities.
The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking Data Recovery Thai to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify Data Recovery Thai for any claims against Data Recovery Thai related to this data recovery.
2. Failure to claim property
Any property left with Data Recovery Thai unclaimed for 30 days, will be disposed or recycled. At which time, Data Recovery Thai shall have no liability to the client or any third party.
3. Limited Liability
Data Recovery Thai shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service.
THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED.
IN NO EVENT WILL Data Recovery Thai OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF Data Recovery Thai BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY Data Recovery Thai OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES — EVEN IF Data Recovery Thai HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
Data Recovery Thai’s liability of any kind with respect to the services, including any negligence on its part, shall be limited to the drop off fee for the services.
Client and Data Recovery Thai agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Data Recovery Thai’s option, either (a) additional attempts by Data Recovery Thai to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Data Recovery Thai’s data recovery services would be much greater if Data Recovery Thai undertook more extensive liability or promised additional remedies.
Client is aware of the inherent risks of injury and property damage 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 negligence of Data Recovery Thai, and assumes any and all known risks of injury and property damage that may result.
The client understands that the recovery process will in most cases void the manufacturer’s warranty on the drive, DRT and its associates are in no way responsible or liable for the inability for the client to claim defective drives under manufacturers warranty.
All data recovered will be kept for a period of 10 days after successful delivery to customer No charge will be made in the destruction of data. Data will be destroyed and thereafter no further records will be kept.
4. Confidentiality
Data Recovery Thai agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment to any third parties except to employees , independent contractors, lawyers, or agents of Data Recovery Thai 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 downloaded), unless by special previous arrangement.
Successful data recovery is defined as recovery of data that was not accessible or visible under the client’s computer operating system.
The client agrees to pay for data recovery even if Data Recovery Thai has partially recovered the data.
No-data no-fee applies only when no data recovery is possible.
The client is financially responsible for all shipping costs, custom duties and taxes to and from Data Recovery Thai.