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1. Legal Rights of the Client The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to Sherlock Data Recovery Services. Any property left with Sherlock Data Recovery Services unclaimed for 90 days, will be disposed. At which time, Sherlock Data Recovery Services shall have no liability to the client or any third party.
The client authorizes Sherlock Data Recovery Services to do an evaluation of the media and/or equiptment sent to determine the nature of the damage and provide an estimate of recovery cost(s) and estimated time to completion. The evaluation is free with every recovery and no work beyond the evaluation will be charged without explicit client approval. The client authorizes Sherlock Data Recovery Services, its employees, and agents, to receive and transport this media/equipment/data to and from their facilities.
Sherlock Data Recovery Services shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service. In no event will Sherlock Data Recovery Services be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Sherlock Data Recovery Services has been advised of the possibility of damages or loss to persons or property. Sherlock Data Recovery Services's liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and Sherlock Data Recovery Services agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Sherlock Data Recovery Services's option, additional attempts by Sherlock Data Recovery Services to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of Sherlock Data Recovery Services's services would be much greater if Sherlock Data Recovery Services undertook more extensive liability. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Sherlock Data Recovery Services, and assumes any and all known risks of injury and property damage that may results.
Sherlock Data Recovery Services agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees or agents of Sherlock Data Recovery Services subject to confidentiality agreements or as required by law.
Payment is due in full upon completion of
successful recovery, prior to release of data (whether shipped, picked up or
downloaded), unless by special previous arrangement. The client is financially
responsible for all shipping costs, custom duties and taxes to and from
Sherlock Data Recovery Services. Company checks and bank transfers are welcome.
We also accept Mastercard, VISA, American Express,Discover and Interac (debit
bank card). 6. Warranty Sherlock Data Recovery Services makes no warranty, express or implied, and Sherlock Data Recovery Services disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose. 7. Agreement The parties shall submit all disputes relating to
this Agreement (whether contract, tort or both) to arbitration, in accordance
with the Rules of the American Arbitration Association. Either party may
enforce the award of the arbitrator in a Court of competent jurisdiction. The
parties understand that they are waiving their rights to a jury trial. The
arbitration shall take place in the Country in which the Sherlock Data Recovery
Services laboratory performing the services is located and the laws of the
State in which such laboratory is located shall apply. |