Data Recovery Service Agreement
Terms of Service:
do read the following Terms and Conditions carefully before using our services.
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Permission:
The client (also referred to as you or yours) approves Reliable Smart Service (RSS) Data (also referred as we/us/ours), its employees, and agents, to conduct a data recovery of the device provided to us. The client also sanctions RSS to take all reasonable effort and steps necessary to conclude recover-ability and to recover data from this device.
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Legal Rights:
The client is the legal owner, representative, or otherwise has a legitimate right to the device or act on the owner’s behalf and all data contained therein sent to RSS Data. Any devices left with RSS and unclaimed for 30 days, will be disposed off. Later, RSS shall hold no liability to the client or any third party.
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Liability:
RSS finds no responsibility for any claims regarding the physical functioning, Transportation of the device nor the condition or existence of data on device supplied before, during or after service or at RSS facilities. In no event will RSS be liable for any loss of data or loss of revenue or profits or any particular, incidental, contingent, or consequential damages or even if RSS is informed. Our liability of any kind concerning the facilities, including any negligence on its part, shall be limited to the contract price for the services. Client and RSS agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover adequate data or refund of the amount paid by the client.
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Confidentiality:
We will defend the privacy of client data against unlawful disclosure using the same degree of care used to protect our confidential information. RSS and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. RSS provides an absolute NON-DISCLOSURE of any customer data.
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Payment:
Client agrees to pay in full or on before completion of services rendered by RSS. Payment is due in full upon completion of successful recovery, before the release of data (whether shipped, picked up or downloaded). The client is liable for all shipping charges regardless the data is recovered or not.
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Encryption:
If at any point during the recovery process RSS concludes that the data is encrypted, we will require that the client provide the necessary decryption information, regardless if the customer had prior knowledge of the decryption.
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Backup Drives:
Client will provide a backup drive for the recovered data, the drive must be new or used, with zero data already on the drive. For filled up or other data we do not guarantee to preserve or anything lost during the transfer process.
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Declined Services:
If the Client wishes to cease recovery at any point after a verbal or written agreement has been entered, but before completion of services, the Client will be charged up to 100% of the total recovery fee.
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Unrecoverable / Unsuccessful Recovery:
If data is determined to be unrecoverable, or RSS cannot successfully salvage and recover client data. There is no charge to you as our ‘no-data no-charge’ policy applies, and there will not be assessed processing fees, however by sending a device to us, you agree to operate on good faith intentions of using our recovery services and resources for having us recover data from such device.
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Data Recovery Guarantee:
General TAT comes with a 4 to 25 business day data guarantee. Failing on TAT, we will do everything possible to rectify the recovery (including reshipment at our cost of the original drive for additional recovery attempts) or refund all or part of the recovery fees paid.
Service Limitations:
By agreeing to this service agreement, client states and understand that the device/data sent to RSS is already damaged, that data recovery efforts can result in further damage and that RSS will not be held responsible for this or any other type of damage caused to this media.
Sever-ability:
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such rule shall be enforced fully permitted by applicable law and the validity, legality and implement ability of the remaining provisions shall not be affected thereby. Any modifications to this agreement requested in advance in writing and approved by RSS.
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