I (The Customer) authorize RECOVERY FORCE INC. (RFI) to attempt recovery of data from the hardware component of which I am the rightful owner of both the hardware and the data to be recovered. I accept that, while RFI will use its best efforts in the recovery process, I agree to waive all rights to damages should RFI be unsuccessful or should RFI damage the hardware in pursuit of recovering the data.
The cost estimate shall be provided after receipt of the hardware and following an initial review of the condition of the media. Should the cost estimate to recover the data be insufficient, RFI will notify me in writing via Email, or via telephone should additional time or charges apply prior to the commencement of additional work. Work will not continue until approval of the additional time has been granted and authorized by the Client.
I agree to pay RFI all amounts owing prior to the release of the data and/or the hardware. These charges shall be paid in cash, Certified Cheque or Money Order, Visa, MasterCard, or pre-authorized Purchase Order. Late payments shall be subject to interest at 1.8% per month. I agree that payment in FULL must be received by RFI prior to release of any material.
Pre-Existing Deficient hardware and Data
I acknowledge that the hardware may be damaged prior to arriving at RFI. Although best efforts are made, I will not hold RFI responsible for damage in transit, either to or from our facility. I further acknowledge that the recovery process may damage the hardware or data during the recovery process and that no liability is being assumed by RFI.
Any media left at RFI for more than 30 days without communication from the client will be considered abandoned and will be assumed as property of RFI. RFI will make reasonable attempt to contact the client via phone and e-mail prior to the destruction of the media.
Liability and Limitation of Damages
I agree not to hold RFI or its’ subcontractors, suppliers, agents or employees, liable for any damages resulting from the work and which may result and/or include, loss of business continuity, profits, customer lists, incidental damages or other such occurrences.
The total liability of RFI or its suppliers to me under this agreement shall in no event exceed the total sums paid by me to RFI. I agree that any breach resulting from misrepresentation by me as to the content or subject matter of the data, I shall defend, at my expense, indemnify, and hold RFI harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or legal fees awarded against RFI resulting from my breach of this Agreement.
Non-Disclosure and Confidentiality
RFI recognizes that our clients’ data is highly confidential and private. RFI will not disclose or make available any reference to the clients’ data except as required by law. Any work that may be subcontracted to an external vendor shall only be done in extenuating circumstances and to our partners that commit to the same level of confidentiality and non-disclosure. Confidentiality shall not apply to any information which is currently in the public domain or which was known to RFI prior to receipt from the Customer or which was disclosed to RFI by the Customer or a third party.
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met, will be extended for a period of time equal to the time lost due to any delay so caused.
This Agreement shall be governed by the laws of Ontario, Canada. Facsimile signatures or email notifications for this Agreement and any subsequent exhibits are effective to bind the signing party and are admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or attachments, constitutes the entire Agreement between the parties in relation to this subject matter.