Data Recovery by Critical Data Services :: Terms and Conditions of Service
Customer engages Critical Data Services (“CDS”) and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimise the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.
CDS will use any information contained in the data, media and/or equipment provided to CDS by Customer (“Customer Information”) only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer Information in the strictest confidence. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and CDS shall employ reasonable measures to prevent the unauthorised use of Customer Information, which measures shall not be less than those measures employed by CDS in protecting its own confidential information. CDS will not disclose Confidential Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to CDS) and not to any other party except as required by law. CDS will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information. In specific circumstances, CDS will sign a Non-Disclosure Agreement where required. CDS is registered with the Office of the Data Protection Commissioner. CDS may be compelled to disclose by law or by authorised governmental regulatory or judicial authority provided that the customer is immediately notified of such a requirement and afforded a reasonable opportunity to seek relief therefrom.
Customer’s Representation and Indemnification.
Customer warrants to CDS that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to CDS, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold CDS harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against CDS resulting from Customer’s breach of this section.
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorisation, written confirmation (letter/facsimile/email). CDS may not undertake chargeable work until written approval has been provided.
Acknowledgment of Existing Conditions.
Customer acknowledges that the equipment/data/media may be damaged prior to CDS receipt, and Customer further acknowledges that the efforts of CDS to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. CDS regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during CDS efforts to complete the Engagement.
Terms of delivery
The terms of delivery are always Ex Works: The Customer is responsible for costs and risks related to shipment and for insurance from door to door both ways. CDS is not under any circumstances liable for shipment, but will use its best effort to assist the Customer.
Disclaimer of warranty and limitations of liability
Taking on assignments of Analysis and Extended Analysis, CDS does not guarantee that full data recovery is possible. CDS is only obliged to use its best effort to identify the problem, estimate time of recovery work and costs for the data recovery. Data recovery is based upon the data that is physically readable on the storage media, which is not necessarily the full amount of data that originally was stored. CDS makes no warranties in terms of usability of recovered files, even though files seem to be 100% logically correct. The Customer is aware that any use of utilities or attempts of «self-repair» prior to the arrival at CDS may have caused damage to data that may affect the usability of recovered files. The Customer is liable for giving correct information to CDS. In no event will CDS be liable for loss of data, loss of profits, insurance related costs or any special, incidental or consequential damage or loss arising from the engagement. The Customer is liable for the economic value of data and for damage relating to data/equipment caused by himself or any Third-Party. Both parties may be released from this Agreement if the compliance of this Agreement is made impossible due to unexpected occurrences, unavailability of hardware parts, software or technical information etc or if the other party in any way breaches the Agreement.
Customer agrees to pay CDS all sums authorised from time to time by Customer, which will typically include charges for CDS services, reasonable travel and per diem expenses for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by CDS, all such sums are due and payable in advance, by cheque, electronic funds transfer, debit card or credit card (MasterCard/Visa/Laser/Amex). Customers seeking credit terms should note that their first three financial transactions are payable in advance, whereupon credit terms of up to 30 days may be offered at the discretion of CDS, subject to satisfactory credit checks. Note that late payments are subject to the Prompt Payment of Accounts Act, 1997, whereby CDS will be entitled to charge the ECB inter-bank rate plus 7 (seven) percentage points on all outstanding balances exceeding the agreed credit period, in addition to the published rate of compensation.
Deletion of Data Images
The recovery process usually involves the production of one or more images of the data content of the storage device. Subsequent to despatch, the data image(s) are routinely and securely deleted from our systems. Upon request, CDS will provide certification of such deletion. A request for Certified Secure Deletion implies satisfaction on the customer’s part that actual data recovered represents satisfactory performance of the engagement on the part of CDS.
Retention of Submitted Uncollected Devices
Upon completion of agreed evaluation and/or data recovery work, CDS will make every reasonable effort to contact the client to arrange for return of device(s). Should a device remain uncollected at our premises for a period of more than one hundred and eighty days following first notification to collect, CDS reserves the right to securely destroy the device.
The parties agree that this Agreement shall be governed by the Law of the Republic of Ireland in every particular including formation and interpretation and shall be deemed to have been made in the Republic of Ireland. The parties agree that if any provision of this Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorised representative of each party. Facsimile signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or other attachments, constitutes the entire Agreement between the parties in relation to this subject matter. No provisions in either party’s purchase orders, or in any other standard business forms employed by either party will apply even if accepted by the other party.