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Data Recovery Terms and Conditions
1) Authorization The client authorizes Internet Wizards ("Internet
Wizards") or its designee to conduct an evaluation of the media sent to
determine the nature of the damage and provide an estimate of recovery cost and
timing. The evaluation is free and no work beyond this evaluation will be
charged without explicit client approval.
The client authorizes Internet Wizards, its employees, independent contractors,
and agents, to receive and transport this media/equipment/data to, from and
between their facilities.
The client hereby represents, warrants, and affirms that he, she, or it is the
owner or the authorized representative of the owner of the property and all of
the information and data stored on said property. By asking Internet Wizards to
enter into this agreement with you, as client, you declare, under penalty of
perjury and subject to the provisions of 18 U.S.C.A. § 1621 and Utah Code Ann. §
76-8-503, that the foregoing representations are true and correct. You agree to
indemnify Internet Wizards for any claims against Internet Wizards related to
this data recovery effort, in the event that your representation that you own
the data and other information is incorrect.
Failure to claim property Any property left with Internet Wizards unclaimed for
90 days, will be disposed. At which time, Internet Wizards shall have no
liability to the client or any third party.
2) Limited Liability Internet Wizards shall not be liable as a result of
this agreement, or the performance of any data recovery services or evaluation
of the possibility of providing data recovery services, for any claims regarding
the physical functioning of equipment OR media or the condition or existence of
data on storage media supplied before, during or after service.
THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED AND IS NOT
PROMISED OR GUARANTEED. SOME DATA CANNOT BE RECOVERED.
IN NO EVENT WILL Internet Wizards OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF
Internet Wizards BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR
ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION
WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY Internet Wizards OR ITS AGENTS,
CONTRACTORS, OR EMPLOYEES -- EVEN IF Internet Wizards HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
Internet Wizards' 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 Internet Wizards agree that the sole and exclusive remedy for
unsatisfactory work or data shall be, at Internet Wizards' option, either (a)
additional attempts by Internet Wizards to recover satisfactory data or (b) a
refund of the amount paid by the client. The parties acknowledge that the price
of Internet Wizards' data recovery services would be much greater if Internet
Wizards undertook more extensive liability or promised additional remedies.
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 Internet
Wizards, and assumes any and all known risks of injury and property damage that
may result.
3) Confidentiality Internet Wizards agrees not to disclose any and all
information or data files supplied with, stored on, or recovered from client
equipment except to employees , independent contractors, lawyers, or agents of
Internet Wizards subject to confidentiality agreements or as required by law.
4) Payment 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 Internet Wizards.
We accept VISA, MasterCard and PayPal.
Warranty Internet Wizards makes no warranty, express or implied, and Internet
Wizards disclaims any warranty of any kind, for the services being provided or
discussed hereunder.
5) Agreement The parties shall submit all disputes relating to this
Agreement or to either party's performance hereunder, or any nature whatsoever,
to arbitration, including but not limited to tort, contract, statutory, or
equitable in accordance with the Rules of the American Arbitration Association,
except that any claim in connection with Internet Wizards seeking equitable
relief in connection with Internet Wizards' intellectual property rights may be
brought in a court rather than in arbitration. 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 as to issues
covered by this arbitration agreement. The arbitration shall take place in
Albany, New York, and the laws of the State of New York shall apply.
6) Pre-Dispute Notice to Internet Wizards: In exchange for the valuable
services and consideration provided by Internet Wizards, the client agrees that
at least 60 days before initiating any formal dispute with Internet Wizards,
including the filing of any demand for arbitration, the client will first submit
a sworn, written, and signed declaration to: General Counsel, Internet Wizards,
1971 Western Ave, #227, Albany, NY 12203, by both facsimile (518-438-0607) and
US Mail, stating the client's name, the problems experienced with Internet
Wizards' conduct, in detail, an itemization of all losses claimed as a result of
Internet Wizards' conduct, and all information known to the client concerning
any claimed contract breaches or other actionable conduct of Internet Wizards.
This declaration must state, at the end of the text and above the signature, "I
declare under penalty of perjury that the foregoing is true and correct." This
declaration will allow Internet Wizards' management to review factual
information about the alleged dispute so that any issues may be evaluated and
resolved, potentially without the need for further proceedings.
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