TERMS & CONDITIONS SUMMARY
* By paying your fee, you (the customer), agree to our below terms and conditions and understand that your fee is for our technicians to ‘attempt’ a data recovery on your media device. Once they have exhausted all our internal methods trying to recover your data and are unsuccessful, you also understand that there will be no refunds. In this case we can either post your device back to you or dispose of it for you.
Customer has advised Corporate Data Recovery that it has been unable to recover certain data, which the Customer represents to be its property, and engages Corporate Data Recovery to use its best efforts to identify the said problem (if not already identified), and use its best efforts to retrieve the said data or portion thereof and to provide such other services as may be agreed to between the Customer and Corporate Data Recovery in writing from time to time.
Corporate 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. Confidentiality shall not apply for to any information which entered the public domain through no fault of Corporate Data Recovery, which was known to Corporate Data Recovery prior to receipt from the Customer, which is disclosed to Corporate Data Recovery by a third party (other than employees or agents of either party), which in making such information available to Corporate Data Recovery is not a violation of any confidentiality obligation to the disclosing party; or which is independently developed by Corporate Data Recovery without recourse to the Customer’s information.
Before Sydney Data Recovery engages in any data recovery activity on your device an attempt fee is required to be paid via our booking form on the relevant product page on our website. If our technicians are successful in recovering some or all of your data, you will be contacted (by phone and email) to pay the ‘retrieval and delivery’ fee. The fees are stated on each product page with exception to repairs and packing and delivery charges.
If any parts are needed for your device (mainly for the larger hard-drives), again you will be contacted (by phone and email) and given the following options:
Once we are successful in recovering your data, you have the following options to have the data returned to you:
- Post back to you via a 64GB USB drive
- Post back to you via an external/internal drive
- Uploaded for you into an online Cloud storage facility (500GB available for 12 months) = $99.50
Additional options for Corporate Data Recovery to prioritise your data recovery include our priority fees:
- 2.5 & 3.5 hard drives and SSD’s = $ 220.00
- USB flash drives and small form media = $ 100.00
- Raid configuration drives (not Raid 1) = $ 440.00
Acknowledgement of Existing Conditions.
The Customer acknowledges that the equipment/data/media may be damaged prior to Corporate Data Recovery’s receipt, and the Customer further acknowledges that the efforts of Corporate Data Recovery and/or its suppliers to complete the Engagement may result in the destruction of or further damage to the equipment /data/ media. Corporate Data Recovery for itself and its suppliers does not assume responsibility for additional damage that may occur to the Customer’s Equipment/Date/Media during or as a result of Corporate Data Recovery’s efforts to complete the Engagement.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES.
Corporate Data Recovery, FOR ITSELF AND ITS SUPPLIERS, MAKES AND THE CUSTOMER RECEIVED NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH THE CUSTOMER, SDR, FOR ITSELF AND ITS SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE IN THE COURSE OF DEALING OR PERFORMANCE.
Limitation of Liability, Limitation of Damages.
In no event will Corporate Data Recovery or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential, or indirect damages arising from the Engagement event if Corporate Data Recovery or any authorized representative has been advised of the possibility of such damages. The total liability of Corporate Data Recovery or its suppliers to the Customer under this agreement shall in no event exceed the total sums paid by the customer to Corporate Data Recovery.
The Customer’s Representation and Indemnification.
The Customer warrants to Corporate Data Recovery that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Corporate Data Recovery; and the Customer will defend, at its expense, indemnify, and hold Corporate Data Recovery harmless against any damages or expenses that may occur (including reasonable lawyers’ fees), and pay any cost, damages, or attorney’s fees awarded against Corporate Data Recovery resulting from the Customer’s breach of this section.
Either party’s performance of any part of this agreement shall be excused to the extent that such performance in hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war or riot; (c) unavailability of parts of software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of either party. Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of any such event(s) may be promptly made.
The parties agree that this agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of the state of Queensland, Australia provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. The place of adoption of this Agreement is deemed to be the principal place of business of CORPORATE DATA RECOVERY PTY LTD (ABN 29-166-128-098), trading as Sydney Data Recovery. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party to this agreement.
Facsimile signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and are admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or attachments, constitutes the entire Agreement between the parties in relation to this subject matter.