TERMS OF SERVICE
Terms of Service Engagement
The following terms and conditions (“Terms”) govern your inquiry, ordering, purchase, or receipt of data recovery services (“Services”) provided by Professional Data Management, Inc. (“ProData”).
The client (“You”) acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. If you are not satisfied with the Web Site or do not agree to these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Web Site.
Diagnostics Process and Service Efforts:
Any and all storage media provided to ProData may be opened for evaluation and diagnostics procedures. Devices such as iPods, iPads, iPhones, Netbooks, Notebooks, Laptops and other similar devices may also need to be opened in order to access the underlying storage media present within these devices. Client may wish to consult their individual manufacturer for specific warranty information on their storage media. In no circumstances shall ProData be held liable for voided warranties or damages that might be caused by the opening of these storage devices mentioned herein.
The Client hereby acknowledges and agrees that the diagnostic procedure is neither foolproof nor perfect. Even though the diagnosis furnished by ProData to the Client may indicate a strong probability of a successful recovery outcome, ProData’s professional assessment of the Client’s storage media cannot guarantee that any specific result will be attained. No warranty is stated or implied in any way as to the accuracy of the assessment provided by ProData or the timeliness thereof. ProData shall have the exclusive professional determination as to the diagnostic assessment and the possible success rate at its’ sole discretion. ProData agrees to use all resources and technology available at any of ProData’s facilities and/or laboratories to attempt the diagnostic procedure.
ProData cannot and does not promise any particular results. We will provide reasonable efforts and the application of our existing technology and standard processes. We do not guarantee that any data will be recovered. Also, our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to us.
You are authorizing ProData and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us.
All communications relating to your request, project, services, including cost estimates and invoices, will be available and communicated verbally over the phone, in writing, or sent via provided e-mail address.
You represent to ProData that you are of the legal age of majority in your state or country of residence. You warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. You warrant that that the data on your device is legal and that you have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered using the Services; (c) to receive the recovered data; and (d) to agree to these Terms. You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, or your rights or lack of rights thereto.
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect our own confidential information. Provided storage media will remain secure at our laboratory during the diagnostic procedure. ProData’s laboratories have been audited and certified to meet or exceed SSAE 16 standards. SSAE 16 supersedes previous SAS 70 data management practices.
ProData guarantees not to disclose or deliver the storage media or it data contents to any third parties unless specifically ordered to do so by subpoena, judicial, or legal administrative order. ProData staff and agents are trained to safeguard the privacy of the Client’s Data. This confidentiality agreement may be breached at any time by ProData, if the client information is found to contain child pornography or any information that may be detrimental to U.S national security.
Disclaimer of Warranties, Representations and Guarantees:
PRODATA DOES NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING OUR SERVICES OR THEIR RESULTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS.
Limitation of liability:
Client acknowledges that the storage media is already damaged prior to the receipt by ProData. Client acknowledges and agrees that the diagnostic and/or recovery service efforts performed by ProData’s may result in further damage to the storage media and therefore will not hold ProData liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused, to the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless on the legal theory on which they are asserted (including, without limitation, contract, breach of contract, and tort), and regardless of whether we have been advised of the possibility of loss or damages. The amount of ProData’s liability will not exceed the total price client actually pays for rendered services.
The essential purpose of this limitation is to limit our liability for performing the services; this allocation of risk is also reflected in our prices. This paragraph will apply notwithstanding any other provisions in this agreement, or the failure of any remedy. Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by client.
You must provide true, accurate and complete information about yourself as prompted by the request form, including, without limitation, your name, address, e-mail address, telephone number and Company information, as applicable (collectively, “Personal Data”). You must maintain and promptly update your Personal Data. You acknowledge that we may send you important information and notices regarding your requests by e-mail and that we shall have no liability associated with or arising from client’s failure to maintain accurate Personal Data.
Terms of Payment:
Costs of the recommended services may be provided verbally over the phone, in writing, or electronically by email. Unless stated in written agreement all amounts are payable in U.S Dollar amounts. Clients electing to proceed with recovery services must approve, authorize, and pay for invoiced services as written in invoiced service agreement.
Overdue obligations in excess of 30 calendar days may be subjected to late fees of 1.5% or $25.00 per month, whichever is greater. Obligations delinquent more than 30 calendar days will result in the forfeiting of any and all discounts previously applied. Clients electing not to proceed with services after quotation must request the return of media within 15 calendar days and will be responsible for all fees associated with shipping, packaging and handling of said media for transfer back to clients chosen destination.
Compliance with Laws:
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site, including without limitation this site’s membership, purchase or return features. ProData may, report actual or perceived violations to law enforcement or appropriate authorities. If ProData becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the terms and conditions of the site, ProData may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation ProData may suspend Services to you if you are implicated and/or remove any material from ProData servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the terms and conditions of the site could be subject to criminal or civil penalties. You may not assign your rights or obligations under these Terms without ProData’s express written consent.
The parties will attempt to resolve any dispute related to the Services through good faith negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services (“JAMS”). Each party will bear their own costs in arbitration. Both parties waive their rights to a jury trial. The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the State of Virginia without regards to its conflict of law provisions.
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.
These terms and conditions describe certain legal rights. You may have other rights under applicable law. These terms and conditions do not change your rights under applicable law if such laws do not permit these terms and conditions to do so.