Data Recovery Terms
The Agreement
This AGREEMENT is made by and between 911 Data Recovery, its partners and subsidiaries, hereinafter referred to as 911 Data Recovery, and the client named above, hereinafter referred to as CLIENT.
Data Recovery Is Not Guaranteed
911 Data Recovery agrees to use its best effort to attempt said recovery, and CLIENT agrees that 911 Data Recovery is in no way liable in the event 911 Data Recovery is unsuccessful in recovering data on the data storage devices. Success means the data listed under “Data Needed” is recovered; if “Everything” is listed, any recovered data is a success. 911 Data Recovery assumes no liability for damage to CLIENT's property during shipment or for uninsured shipments.
Our Guarantee
We guarantee our results. If we are not able to recover the specific files you requested, we refund the recovery cost, less the analysis fee, which is kept for the lab effort. “The specific files you requested” means the data listed under “Data Needed” on your form.
Manufacturer Warranty May Be Void on Medium
Although most manufacturers will honor product warranties following data recovery procedures, in no way shall 911 Data Recovery be liable if CLIENT's manufacturer warranty is VOID due to any action taken by 911 Data Recovery.
Services Estimate
911 Data Recovery agrees to evaluate media for the Initial Analysis Fee ($25.00), or the LAB Analysis Fee of $125.00 per medium when lab evaluation is required. Following the evaluation, 911 Data Recovery will furnish CLIENT with a written recovery proposal containing a guaranteed-not-to-exceed the determined data recovery cost. Upon written approval of the cost estimate by CLIENT, 911 Data Recovery will proceed with the recovery. Email or online approval is written approval.
Payment
CLIENT agrees to pay 911 Data Recovery for all services provided to CLIENT following CLIENT's acceptance of the written recovery proposal. All fees are quoted in US currency. Online payments: 911DataRecovery.org/billpay.html
Warranty
There is a limited warranty on the recovery media drive provided by 911 Data Recovery of 90 days, which includes mechanical failure of said drive. There is NO WARRANTY on owner-provided drives. Warranty of computers, phones, tablets or other devices is limited to any NEW parts supplied by 911 Data Recovery, and functionality upon return to the customer. There is NO WARRANTY beyond delivery, as it is unknown how these devices may be used after delivery.
Data Security
CLIENT data remains property of the CLIENT at all times. CLIENT authorizes 911 Data Recovery to access the data for evaluation and recovery, and confirms CLIENT owns it or is authorized to have it recovered. All CLIENT data is held in strict confidence. Data created or recovered by 911 Data Recovery or Forensic Solutions Inc. is kept securely for fourteen (14) days after delivery, then permanently deleted from its systems unless CLIENT requests an extension in writing (not to exceed ninety (90) days after delivery).
Data Transport Media
Recovered data will be returned on a media device of mutual agreement at the time of recovery. The cost of said device will be in addition to data recovery cost listed above, and will be determined by the amount of data storage needed to save the recovered data.
Abandoned Hardware
All items left with 911 Data Recovery will be considered abandoned and the property of 911 Data Recovery to dispose of as deemed by 911 Data Recovery in the event that CLIENT does not respond or lay claim within thirty (30) days of last confirmed communication.
Entire Agreement and Enforcement
This Agreement (including any Addenda) constitutes the entire agreement as to its subject matter and supersedes all prior and contemporaneous oral and written agreements. All changes to this Agreement must be made in writing and signed by both parties and, accordingly, any terms on CLIENT's ordering documents shall be of no force or effect. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees.
Law
This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created in this Agreement are performable in Montgomery County, Texas, United States of America.