Terms of Service
Terms of Service Specifically For Data Recovery Services:
Regarding the recovery of data from Customer’s damaged hard drive(s):
- Customer authorizes Company to perform all necessary work on Customer’s hard drive(s).
- Customer agrees that Company is not responsible for any damage resulting from servicing Customer’s hard drive(s).
- Customer agrees that Company may need to open Customer’s hard drive(s) for diagnosis or repair and that Customer’s warranty may be voided.
- Customer agrees that if Company recovers 50% or more of Customer’s data from a hard drive, Customer must pay estimated amount for the recovered data from each hard drive together with all state and local taxes. If 49% or less of Customer’s data is recovered from a hard drive, Customer may either pay the estimated amount for the recovered data from each hard drive (together with all state and local taxes) or pay a $99 labor fee per hard drive.
- Customer agrees that Company cannot recover any data, they will be charged $0 aside from return shipping costs when applicable.
- Customer agrees to pay applicable fee to Company for Transfer Drive (a bare SATA or External Hard Drive) in Customer’s chosen size.
- Customer agrees that if Company recovers Customer’s data, Company will retain a backup of the data for no more than 7 days after the recovery is finished.
General Terms of Service:
- Payment And Delivery: (a) Customer agrees to pay all sums due and payable under this estimate/invoice immediately before delivery to Customer of all hard drives previously delivered by Customer to Company. (b) Customer agrees that if Customer does not take delivery of all hard drive(s) and/or computer equipment within 60 days after delivery to Company, they will become the property of Company.
- Severability: Customer agrees that this agreement shall not terminate solely by reason of any of its terms being declared invalid or unenforceable. If any term is or becomes invalid or unenforceable, the remaining terms shall be unimpaired and the invalid or unenforceable term shall be replaced by a term that is valid and enforceable and that comes closest to the intention of the invalid or unenforceable term.
- Amendments: Customer agrees that no waiver or modification of any of the terms of this agreement shall be valid unless contained in a single writing and signed by Company and Customer. No course of conduct or manner of dealing between the parties shall constitute a waiver of any term of this agreement.
- Applicable Law: Customer agrees that this Agreement shall be governed by the laws of the State of Kansas.
- Entire Agreement: Customer agrees that this agreement contains the entire understanding between Company and Customer with respect to the subject matter herein, and there are no representations, warranties, promises or undertakings other than those contained herein.
- Arbitration: By initialing below, Customer agrees that Company and Customer will attempt in good faith to resolve any controversy or claim relating to this agreement promptly by meeting, discussing and negotiation. Any dispute that cannot be resolved by the parties within five (5) business days, shall be submitted to binding arbitration, which arbitration shall be conducted in accordance with the following provisions:
(a) Venue. The arbitration shall be conducted in Hutchinson, KS.
(b) Law. The governing law shall be the laws of the State of Kansas.
(c) Selection. The number of arbitrators shall be three (3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement, within ten (10) days after initiating an arbitration proceeding, each party shall select one reputable arbitrator familiar with the computer industry, and those two arbitrators shall then select within ten (10) days a third arbitrator (provided that if such arbitrators are unable to select a third arbitrator in such ten (10) day period, a third arbitrator shall be selected by the Commercial Panel of the American Arbitration Association). The decision in writing of the single arbitrator (or at least two of the three arbitrators, if applicable) shall be final and binding.
(d) Administration. Arbitration shall be administered by the American Arbitration Association. All proceedings will be conducted privately and all documents, testimony, records, and other evidence will be received in confidence.
(e) Rules. The Rules of Arbitration shall be the Commercial Arbitration Rules of the American Arbitration Association, as modified by any other instruments that the parties may agree upon at the time of the arbitration,
(f) Award. The award rendered by arbitration shall be final and binding upon the parties, and the award may be entered in any court of competent jurisdiction in the United States. The award shall be beyond the power of the arbitrator if the findings of fact are not supported by substantial evidence or the award is based on an error of law. The award shall include written findings of fact, a summary of the evidence and reasons underlying the decision and conclusions of law. As part of the award, the arbitrator may award reasonable and necessary costs actually incurred by the prevailing party, including (1) that party’s share of the arbitrator’s fees, costs and expenses, (2) any administration fees, and (3) reasonable attorneys’ fees. The arbitrator may not award any punitive damages to the prevailing party.
NOTICE: BY CLICKING “I AGREE”, THE PARTIES TO THIS AGREEMENT ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED UNDER THIS “ARBITRATION” PROVISION AND THE PARTIES ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL, EXCEPT AS OTHERWISE SET FORTH HEREIN. BY INITIALING THE SPACE BELOW THE PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS “ARBITRATION” PROVISION. IF THE PARTIES TO THIS AGREEMENT REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THEY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO NEUTRAL ARBITRATION, EXCEPT AS OTHERWISE SET FORTH HEREIN.