New England data recovery: Providence,  Pawtucket, Warwick,  Cranston,   Newport, RI;  Boston,  Newton,  Brighton, Dorchester,  Natick, MA; Hartford,  New London, New Haven, CT; New York,  Albany, NY

Terms & Conditions

Please read and understand the Terms and Conditions

Terms and Conditions

1. Authorization: The client authorizes Data Recovery New England to conduct an evaluation of the media supplied to determine the nature of the damage and provide a recovery cost and timing. The client authorizes Data Recovery New England, its employees, and agents, to receive, transport, and have work performed on said media/equipment/data to, from and between different facilities as necessary. The client authorizes Data Recovery New England to perform any and all measures necessary to recover data from this media and or equipment.

2. Legal Rights: The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to Data Recovery New England. In most cases the original drive can be returned to the customer, if requested. In cases where the drive is repaired in our "clean-room" environment the drive will only be returned if physically possible and only upon client request. Any property or equipment left with Data Recovery New England for a period of forty-five (45) days (or more) without any ongoing communication (for example, but not limited to, unrecoverable media, client cancellation, pending client approval etc.) will be destroyed or recycled, at which time, Data Recovery New England shall have no liability to the client or any third party.

3. Limited Liability: Data Recovery New England shall not be liable for any loss or damage during the shipping process. Data Recovery New England 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 Data Recovery New England 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 Data Recovery New England has been advised of the possibility of damages or loss to persons or property. Data Recovery New England 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 Data Recovery New England agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Data Recovery New England option, additional attempts by Data Recovery New England to recover satisfactory data or refund (partial or full) of the amount paid by the client. The parties acknowledge that the price of Data Recovery New England services would be much greater if Data Recovery New England undertook more extensive liability. Client is aware of the inherent risks 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 accidental damage caused by general usage of recovery equipment. Data Recovery New England will not be held responsible or liable for the above risks. To perform data recovery on any type of external hard drive or device, Data Recovery New England may be required to open the external enclosure. Data Recovery New England will not be liable or responsible for any warranties that may be voided during or as a result of this process. If the client purchases a new external hard drive from Data Recovery New England in order to furnish recovered data, Data Recovery New England will be liable for data loss due to media failure for seven (7) days from the recovery date, customer pickup or delivery date, whichever comes later. No liability is given for accidental damage, user error or customer supplied media or drives.

4. Confidentiality: Data Recovery New England 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 Data Recovery New England subject to confidentiality agreements or as required by la

5. Payment: Payment is due in full upon completion of successful recovery, prior to release of data whether shipped, picked up or uploaded. The client is financially responsible, if applicable, for all shipping costs to and from Data Recovery New England. Cashier Check, Money Order, Cash or PayPal payment (VISA, MasterCard, American Express and Discover) are welcome. It is Data Recovery New England´s discretion whether the recovery can be performed at a logical or physical recovery cost. If client chooses not to proceed with the recovery and requests the failed drive back, shipping costs will be provided by the client. When the results of a recovery are disclosed to the customer they have exactly forty-five (45) days from notification to respond. If the customer does not respond within that period of time, the hard drive or failed media will be forfeited and destroyed. All backups of the hard drive or failed media will be erased at that time. Data Recovery New England will not be held responsible for data erased, forfeited hard drive, or failed media. This also includes any accessories included with the hard drive or failed media.

6. Warranty: Data Recovery New England makes no warranty, express or implied, and Data Recovery New England 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 mediation, in accordance with the Rules of the American Mediation Association. Either party may enforce the award of the mediator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. The mediation shall take place in the State in which the Data Recovery New England laboratory performing the services is located and the laws of the State in which such laboratory is located shall apply.

8. Severability: Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect. It is further agreed that if part of the Agreement is determined invalid, either party may open negotiations solely with respect to a substitute for Section, or portion, within two (2) weeks after a ruling has been made.

9. ACCEPTANCE: ACCEPTANCE OF THIS AGREEMENT MAY BE MADE IN ONE OF THE FOLLOWING MANNERS: (1) BY SIGNING THIS AGREEMENT; (2) E-MAILING AN ACCEPTANCE WITH THIS AGREEMENT INCLUDED WITHIN THE E-MAIL; OR (3) MAILING OR OTHERWISE SURRENDERING THE POSSESSION OF THE DRIVE OR FAILED DEVICE TO DATA RECOVERY NEW ENGLAND. BY ACCEPTING THIS AGREEMENT THE CLIENT ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS LISTED ABOVE.

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