Data Recovery Services Terms and
Conditions
By
ordering, receiving or using LC Technology Recovery Services, you agree to
these terms and conditions:
Service Efforts and Process:
1.
Submit Your Device for Evaluation
a)
Evaluation Fee and Effort: Upon payment of a
non-refundable evaluation fee, you may submit your data storage device or media
to us, and we will use reasonable efforts to determine whether any data on your
data storage device or media is recoverable using our existing technology and
processes (which has limitations – not all lost data can be recovered).
b)
Evaluation Report and Authorization of Recovery.
We will inform you of our assessment and a cost estimate for the actual
recovery work. If you authorize us to perform the data recovery, we will apply
our existing technology and standard processes and use reasonable efforts to
recover your data.
2.
Cost Estimates
a)
UPFRONT Pricing. By answering a few questions about your data storage device or media
using our Evaluation Request Form, or by calling us, we will provide you with a
cost estimate for the actual recovery work.
b)
Authorization of Recovery. If you accept the cost estimate, submit your data storage
device or media to us along with your credit card information (or other payment
method approved by us), and we will apply our existing technology and standard
processes and use reasonable efforts to recover your data. By submitting your device and payment
information, you agree to pay the fee quoted and authorize us to charge your
credit card for such amount if we are able to successfully recover the data as
promised.
3.
Successful Recovery Effort. If we are able to
successfully recover data, we will notify you and charge you. We will not
release your data to you until you have paid for our data recovery services and
costs (including, without limitation, applicable service fees, material costs,
new media costs, shipping costs, customs duties, and taxes).
4.
Unsuccessful Recovery Effort. If we are unable to
recover any data, we will inform you accordingly and not charge you for our
efforts beyond the non-refundable evaluation fee. If, we are able to recover
part but not all of your data, we will inform you accordingly and you may
choose to receive the recovered data for the agreed fee.
5.
Disposal of Abandoned Device, Media or Data after 90 Days.
Any device, media, or data left with us without full payment after 90
days will be disposed of in our discretion; and you release us from any
obligation of confidentiality related to the device, media, and data.
Service Limitations:
Note that
we cannot promise any particular results. We are only committing to reasonable
efforts and the application of our existing technology and standard processes.
We cannot guarantee that any data will be recovered. Also, our attempt to
recover the data may result in damage to the device, media, or data, and may
even render any data unrecoverable. To the extent possible, you should attempt
to back up any available data before submitting it to us.
Authorization:
You are
authorizing LC Technology and its employees, agents, and delegates to conduct
testing, evaluation, access, recovery attempts and processing of each data
storage device or data storage media that you submit to us.
Legal Rights:
You
represent to LC Technology that you are of the legal age of majority in your
state or country of residence. You warrant that you are the legal owner or the
authorized representative of the legal owner of the device, media, and data.
You warrant that that the data on your device is legal and that you have the unrestricted
legal right (a) to send us the device, media, and data; (b) to have the data
recovered; (c) to receive the recovered data; and (d) to agree to these terms.
You will defend and indemnify us (including our directors, officers, employees,
and contractors) from any claims or actions relating to the device, media, or
data, or your rights or lack of rights thereto.
Confidentiality:
We will
protect the confidentiality of your data against unauthorized disclosure using
the same degree of care as we use to protect our own confidential information.
Disclaimer of Warranties,
Representations and Guarantees:
We
perform this service “as is,” with all faults, at your sole risk. We do not
extend any express warranties, representations, conditions or guarantees
regarding our data recovery services or their results, and to the maximum
extent permitted by applicable law and subject to any statutory warranties that
cannot be excluded, we expressly disclaim all implied warranties, including any
implied warranty or condition of merchantability, warranty of fitness for a
particular purpose, or warranty of accuracy or completeness.
Limitation of Liability:
We will
not be liable for any harm caused, unless you prove that we caused damages
intentionally. Without limiting the generality of the foregoing, we will not be
liable for the condition, existence, or loss of the data you send us or the
data we recover; any loss of revenue, loss of profits, or any indirect,
special, incidental, or consequential damages however caused. To the maximum
extent permitted by applicable law, this disclaimer shall apply to any and all
damages, regardless on the legal theory on which they are asserted (including,
without limitation, contract, breach of contract, and tort), and regardless of
whether we have been advised of the possibility of loss or damages - unless you
prove that LC Technology caused damages to you intentionally.
Liability Cap:
To the
maximum extent permitted by applicable law, the amount of our liability will
not exceed the total price you actually pay us for the data recovery services.
The essential purpose of this limitation is to limit our liability for
performing the data recovery services; this allocation of risk is reflected in
our prices. This paragraph will apply notwithstanding any other provisions in
this agreement, or the failure of any remedy.
Exclusive Remedy:
Your
exclusive remedy for unsatisfactory work or data will be, at our option,
additional attempts by us to recover satisfactory data or refund of the amount
paid by you. You acknowledge that the price of our services would be much
greater if we undertook more extensive liability.
Personal Data:
You must
provide true, accurate and complete information about yourself as prompted by
the request form, including, without limitation, your name, address, e-mail
address, telephone number and credit/debit card information, as applicable
(collectively, “Personal Data”). You acknowledge that we may send you important
information and notices regarding your requests by e-mail and that we shall
have no liability associated with or arising from you failure to maintain
accurate Personal Data.
Terms of Payment:
Payment
shall be made by credit/debit card or some other pre-arranged method of payment
acceptable to us. Where payment is made by credit/debit card, such payment is
subject to the approval of the financial institution issuing the credit/debit
card, and we shall not be liable in any way if such financial institution
refuses to accept or honor the credit/debit card for any reason.
We will
withhold all taxes where we are required to do so by law. You will be
responsible for all other applicable taxes not collected by us.
Compliance with Laws:
The
transactions contemplated hereby may be subject to the customs and export
control laws and regulations of your country of residence and the countries
where our data recovery facilities are located. You agree to comply with all
customs and export laws and all other applicable laws, statues, ordinances and
regulations relating to use of this site and the data recovery services we
offer. You acknowledge that violations of these terms and conditions or the
terms and conditions of this site could be subject to criminal or civil
penalties. You may not assign your rights or obligations under these terms and
conditions without LC Technology’s express written consent.
Dispute Resolution:
The parties
will attempt to resolve any dispute related to the data recovery services
through good faith negotiation. To the extent permitted by applicable law, if
the parties are unable to resolve the dispute through good faith negotiation,
then the dispute will be submitted to final and binding arbitration under the
rules of the International Chamber of Commerce. Each party will bear their own
costs in arbitration. Both parties waive their rights to a jury trial. All
proceedings will take place in
Severability:
If any
provision of these terms and conditions is held invalid, illegal or
unenforceable, such provision shall be enforced to the fullest extent permitted
by applicable law and the validity, legality and enforceability of the
remaining provisions shall not be affected thereby.
Legal Effect:
These
terms and conditions describe certain legal rights. You may have other rights
under applicable law. These terms and conditions do not change your rights
under applicable law if such laws do not permit these terms and conditions to
do so.