Terms and Conditions
THIS AGREEMENT is between NEBULACLOUD IT, LLC (DATTA RECOVERY), hereinafter referred to as D.R., and the client named above, hereinafter referred to as CLIENT.
NO DATA NO CHARGE GUARANTEE. CLIENT acknowledges that this media is failed and or corrupted and that the requested data resides on this media. CLIENT agrees that if the wrong media was submitted for recovery by accident, then CLIENT is still liable for the costs of recovery of the media as quoted. If D.R. is unable to recover any of the requested files from the correct media, during normal business hours, then there are no labor charges to CLIENT. Expedited and hybrid diagnostic fees are non-refundable. D.R. agrees to use its best effort to attempt said recovery, and CLIENT agrees that D.R. is in no way liable in the event D.R. is unsuccessful in recovering CLIENT’S data and CLIENT acknowledges that the returned media with the recovered data will not be bootable and that operating systems and application programs will not be usable. Please note that you may receive back more data than you request and this does not add extra cost. This is because, typically, all data is available after procedures.
MANUFACTURER WARRANTY MAY BE VOID. Although most manufacturers will honor product warranties following data recovery procedures, in no way shall D.R. be liable if CLIENT’S computer/media manufacturer’s warranty is void due to any action taken by D.R.
SERVICES ESTIMATE. D.R. has estimated the initial cost of evaluating CLIENT’S media to be FREE for one each, standard, single hard drive and all removable media with the exception of tapes. Each additional single media is one hundred fifty dollars ($150). Other media/configurations deemed hybrid or complex by D.R. and will be priced outside of this agreement. Evaluation fee for hard drives which have the factory seals broken is one hundred fifty dollars ($150). Should CLIENT wish to have this evaluation performed on an expedited basis, the initial cost is three hundred dollars ($300). This evaluation fee is non-refundable and separate from recovery procedure costs. All amounts are in US dollars. D.R. will notify Client with an estimate for the data recovery. Upon signed approval or responded email of the cost estimate, D.R. will proceed with the recovery. D.R., as a courtesy only, will retain CLIENT data (images and or logical data) for five (5) business days after completion of the project. CLIENT agrees to check and verify the recovered data to insure validity and completeness within this five day period and agrees that D.R. will hold no liability for any corrupted or lost data outside of this window. CLIENT AGREES THAT REINTEGRATION OF THE RECOVERED DATA IS THEIR RESPONSIBILITY.
INITIAL PAYMENT AND FINAL PAYMENT. CLIENT agrees to pay D.R. for all services provided to CLIENT as described above. Expedited and hybrid diagnostic fees are payable upon receipt of the media and will be applied to the initial engineer’s review labor. The CLIENT’S final bill is due and payable upon receipt of an invoice from D.R. CLIENT agrees that the recovered data will be released only after the final invoice has been paid in full. Recovery rates during normal business hours are two hundred fifty dollars ($250) per hour. After-hours and or expedited work shall be billed at four hundred dollars ($400) per hour and an additional eleven hundred dollars ($1100) scheduling fee, per engineer, will apply if engineers must be called in and is non-refundable and does not apply to the cost of recovery. CLIENT agrees that hours worked on after-hours projects will be billed for all time whether or not the requested data is recovered. Hours quoted (billable hours) include machine time, engineering, management and administrative support. Hours quoted are typical for a given failure mechanism. Complex, hybrid recoveries may be quoted as a flat job cost. CLIENT agrees that all charges are to be applied to the initial account (credit card initially presented for diagnostic fee) unless otherwise instructed in writting. If a purchase order is to be used, prior arrangements/approvals must be made before completion of the project and the PO must specify net 30 day terms. Payment includes all applicable taxes, if applicable, including but not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes. Proof of your tax-exempt status must be presented up front. D.R. will refund taxes after a transaction has been made at a cost of 6% of the invoice total. CLIENT agrees that return shipping is free of charge for completed or failed projects and that shipping will be billed, starting at thirty dollars ($30), for declined or no-quote projects or for shipments outside of the continental US. CLIENT agrees that cancellation fees will be billed in the event an approved project is cancelled by CLIENT prior to completion and will be based on parts cost and percentage of completion and or hours expended.
CLIENT PROPERTIES. CLIENT AGREES THAT D.R. ASSUMES NO LIABILITY FOR DAMAGE TO CLIENT’S DATA AND OR PROPERTY WHILE PERFORMING DIAGNOSTICS AND OR DATA RECOVERY PROCEDURES OR DURING THE REMOVAL OF MEDIA FROM THE HOST COMPUTER/APPLIANCE. CLIENT AGREES THAT D.R. ASSUMES NO LIABILITY FOR LOSS OR DAMAGE TO CLIENT’S DATA AND OR PROPERTY DURING SHIPMENT OR FOR UNINSURED SHIPMENTS OR DURING SHIPMENT BETWEEN D.R.’S FACILITIES, SERVICE CENTERS OR OTHER ASSOCIATED ENTITIES. CLIENT agrees that all submitted media and associated hardware may be destroyed by D.R. if CLIENT does not respond within 20 business days of D.R.’S attempts prompting CLIENT’S decision/permission to: a) proceed with the project, b) decline the project, c) review and accept or decline listings of recovered files or d) ship back or destroy the properties. D.R. assumes abandonment after these attempts. CLIENT agrees that the email account/address given to D.R. at the initial submission of the properties and or during the duration of the project, will be used for this correspondence. If an email account/address is not available, CLIENT agrees that D.R. holds no liability for destroyed properties if attempted contact by phone fails.
COLLECTION. Any delinquent account will bear interest from its due date until paid at the highest rate permitted by law. Additionally, if final bill is placed with a collection agency, CLIENT agrees to pay the collection fee made necessary and will be 30% of the amount of the final invoice including all collection fee taxes and any other collections costs and any interest that has accrued. If the final bill is placed in the hands of an attorney for collection or is collected by legal proceedings of any kind, CLIENT agrees to pay a reasonable attorney’s fee which shall not in any event be less than 10% of the amount of the final bill and interest from the invoice date at the highest rate permitted by law.
CONFIDENTIALITY. D.R. acknowledges that the information contained on the media is confidential, and D.R. shall not disclose any of such information to third parties except (i) pursuant to a final, non-appealable court order or (ii) as required by federal, state or local law. CLIENT agrees that D.R. may work openly with insurance claims adjusters and investigators concerning cause and effect of data loss.
ENTIRE AGREEMENT AND ENFORCEMENT. This Agreement (including any Addenda) constitutes the entire agreement as to its subject matter and supersedes all prior and contemporaneous oral and written agreements. All changes to this Agreement must be made in writing and signed by both parties and, accordingly, any terms on your ordering documents shall be of no force or effect. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney’s fees.
LAW: This agreement shall be construed under and in accordance with the laws of the state of Illinois, and all obligations of the Parties created in this Agreement are performable in Cook County, Illinois, United States of America.
I am a duly authorized agent/delegate of the company/person named above and am liable for payment of the completed project with authority to make final decisions regarding this data recovery project and agree to all terms and conditions of this contract.