Recover Your PC Data and the Client agree that all goods and services provided by Recover Your PC Data for this Agreement will be governed by the following terms and conditions:
The Service
The Client enlists the services of Recover Your PC Data and/or its suppliers to use best efforts to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by the Client from time to time. Recvoer Your PC Data estimated charges may not be sufficient to accomplish the Service; no additional charges will be incurred without the Client verbal and/or written authorization.
The Payment
The Client agrees to pay Recover Your PC Data all sums authorized by the Client, which will typically include charges for Recover Your PC Data services, shipping (one way), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Service. Unless otherwise agreed to in advance by Recover Your PC Data, all such sums are due and payable in advance, by Paypal, Cashier's Check, or Money Order.
Existing Condition Acknowledgment
The Client acknowledges that the equipment/data/media may be damaged prior to Recover Your PC Data receipt, and the Client further acknowledges that the efforts of Recover Your PC Data and/or its suppliers to complete the Service may result in the destruction of or further damage to the equipment/data/media. Recover Your PC Data for itself and its supplies will not assume responsibility for additional damage that may occur to the Client's equipment/data/media during Recover Your PC Data efforts to complete the Service.
No Warranties; Disclaimer of all Warranties.
Recover Your PC Data for itself and its suppliers, makes and the Client receives no warranties or conditions for any good or service, express, implied, statutory, or in any communication with the Client, and Recover Your PC Data, for itself and its suppliers, specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, and arising from usage of trade or course of dealing or performance.
Unpaid Charges
In the event there are any unpaid charges, the Client grants Recover Your PC Data a security interest in and to the equipment/data/media to secure the payment of the charges incurred hereunder. Any items which have not been claimed and paid for within thirty (30) days after the date of completion of the Service will be considered abandoned by the Client and may be disposed of (including all data/media containing data) at the sole discretion of Recover Your PC Data.
Limitation of Liability; Limitation of Damages
In no event will Recover Your PC Data or its suppliers be liable for any damages whatsoever, including without limitation damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential, or indirect damages arising from the Service, even if Recover Your PC Data or any authorized representative has been advised of the possibility of such damages. The Client acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The total liability of Recover Your PC Data or its suppliers to the Client under this Agreement shall in no event exceed the total sums paid by the Client to Recover Your PC Data.
Representation and Indemnification.
The Client warrants to Recover Your PC Data that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Recover Your PC Data; and the Client will defend, at its expense, indemnify, and hold Recover Your PC Data and its suppliers harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or attorneys' fees awarded against Recover Your PC Data resulting from the Client breach of this section.
Uncontrollable Circumstances
Either party's performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or make impractical by: (a) the acts or omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of such event(s) may be promptly made.
Acceptance of the Service Agreement
By sending any hardware to Recover Your PC Data, the Client agrees to all of the terms included in the above Service Agreement.