The services provided by EZ Data Recovery ("EZ Data Recovery," "we," "us," or "our") for the customer will be conducted under the following terms and conditions ("Terms"). By submitting your storage media, data, or device(s) ("Device") to EZ Data Recovery, you agree to be bound by these Terms.
1. Authorization and Scope of Services
By sending or providing access to your Device, you authorize EZ Data Recovery and our employees, agents, and delegates to access, evaluate, and attempt data recovery on the Device. You acknowledge that the data recovery process is complex and not always predictable, and EZ Data Recovery cannot guarantee the recovery of specific files or any data whatsoever.
2. Evaluation and Quotation
Upon receiving your Device, EZ Data Recovery will conduct an evaluation to determine the scope of data recovery services required. A fixed fee quote will be provided to you based on the results of the evaluation. This quote will exclude costs for destination media, taxes, and shipping fees. Should you decide to decline the recovery service before the evaluation is completed, you must notify us immediately. Any further work on the Device will only proceed with your written consent.
3. No Guarantee of Recovery
EZ Data Recovery makes no guarantees or warranties regarding the successful recovery of data. The condition of your Device may further deteriorate during the recovery process, and we shall not be held responsible for any damage to the Device, data, or equipment that may occur during this process. All Devices and data returned to you will be provided "as is," without any express or implied warranties, including but not limited to, implied warranties of merchantability or fitness for a particular purpose.
4. Customer Responsibilities and Representations
You represent and warrant that:
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You have legal ownership of the Device and the authority to submit it for data recovery.
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Submission of the Device does not violate any local, state, or federal laws.
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You have attempted to back up any data on the Device, where possible.
EZ Data Recovery reserves the right to request proof of ownership or legal right to the Device and may suspend services until such proof is provided.
5. Limitation of Liability
EZ Data Recovery's total liability to you for any losses, claims, costs, or damages arising out of or related to the Services, whether in contract, tort, or otherwise, shall not exceed the amount paid by you for the Services. In no event shall EZ Data Recovery be liable for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, or goodwill.
6. Payment and Return of Device
Payment for the Services is due upon completion and before the return of any recovered data or Device. Recovered data will be delivered to you only after full payment is received. EZ Data Recovery is not responsible for Devices or data left unclaimed or unpaid beyond 14 days from the date of service completion. Unclaimed Devices or data may be disposed of at our discretion after this period.
7. Confidentiality
EZ Data Recovery agrees to maintain the confidentiality of your data and not disclose any information except as required by law or with your written consent.
8. Dispute Resolution
Any disputes arising out of or related to these Terms or the Services provided shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Northern Virginia, and the laws of the Commonwealth of Virginia shall apply.
9. Miscellaneous
These Terms constitute the entire agreement between you and EZ Data Recovery regarding the Services. No modifications or amendments to these Terms shall be valid unless in writing and signed by both parties.
