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DATA RECOVERY SERVICES AVAILABLE

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DATA RECOVERY TERMS OF SERVICE

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 immediately discontinue using the web site.

DATA RECOVERY BASIC TERMS

Due to the large number of variables involved in data recovery, LAKE MARY COMPUTERS Recovery and its authorized agents (hereafter “us”, “we”, or “LAKE MARY COMPUTERS Recovery”) cannot make any advance guarantees about what files will be possible to recover from a device, if anything. A list of recoverable files to be expected (“file list”) will be provided to the person or agent responsible for the project (“you”, “customer”, or “client”) before the project is completed to be approved by said client. Unrecoverable devices will be returned or securely disposed of. By sending media to us, you agree to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from such media.

 LEGAL RIGHTS

The client is the legal owner or representative or otherwise has a legitimate right to the property and all data contained therein sent to LAKE MARY COMPUTERS Recovery.

Any property left with LAKE MARY COMPUTERS Recovery and unclaimed for 30 calendar days, will be securely disposed of. At which time, LAKE MARY COMPUTERS Recovery shall have no liability to the client or any third party. LAKE MARY COMPUTERS Recovery will make reasonable attempts to contact the client via phone and e-mail on file, prior to the destruction of the media.

In the case that a customer’s credit card declines a charge for LAKE MARY COMPUTERS Recovery services, LAKE MARY COMPUTERS Recovery reserves the right to engage a third-party collections agency to collect the balance if the amount due is not settled within sixty (60) days of the initial declined charge.

LIABILITY

LAKE MARY COMPUTERS Recovery assumes no liability for any claims regarding the physical functional of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will LAKE MARY COMPUTERS Recovery be liable for any loss of data, revenue, or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if LAKE MARY COMPUTERS Recovery has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and LAKE MARY COMPUTERS Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data. Client is fully aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of LAKE MARY COMPUTERS Recovery, and assumes any and all known risks of injury and property damage that may result reward.

Although best efforts are made, customer will not hold LAKE MARY COMPUTERS Recovery responsible for damage in transit, either to or from our facility.

TRANSPORTATION AND STORAGE MEDIA LIABILITY

LAKE MARY COMPUTERS Recovery will take every precaution to ensure the customer’s storage media arrives, is safely processed and serviced to the best of industry standards, however LAKE MARY COMPUTERS Recovery will not assume liability for loss, damage, theft or otherwise due to the actions of LAKE MARY COMPUTERS Recovery, its employees, partners, affiliates or contractors. The customer acknowledges that the storage media and associated equipment being sent to LAKE MARY COMPUTERS Recovery for service are by definition - damaged or inoperable and thus any claims against LAKE MARY COMPUTERS Recovery in attempts to recover monetary compensation due to handling or servicing will not be entertained. Customer reserves the right to request their storage devices and/or equipment be insured by the shipping courier for additional cost and in the unlikely event of damage/loss of said equipment, an insurance claim can be made against the courier. The courier will then open an investigation into the incident and the customer may be subject to a compensation upon the claim completion. LAKE MARY COMPUTERS Recovery will not be held responsible for any claims denied by the courier.

DISCLAIMER OF CONSEQUENTIAL DAMAGES AND DAMAGES CAP

Except for a breach of confidentiality, in no event will either Party be liable to the other Party for any consequential, incidental or like damages, however caused and on any theory of liability, whether or not such Party knew or should have known of the possibility of such damage.

Other than as set forth below, in no event shall LAKE MARY COMPUTERS Recovery liability exceed the monies paid by the client to LAKE MARY COMPUTERS Recovery for the applicable services, excluding shipping charges or other third-party fees (“damages cap”). In the event of an unauthorized transaction by a LAKE MARY COMPUTERS Recovery employee or agent, LAKE MARY COMPUTERS Recovery is liable for no amount exceeding the damages cap. LAKE MARY COMPUTERS Recovery must be notified within five (5) days of an unauthorized transaction or the client waives all rights to damages.

By agreeing to this service agreement, you are stating that you understand that the media/data/equipment you are making available to LAKE MARY COMPUTERS Recovery is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.

DISCLAIMER OF IMPLIED WARRANTIES

 All implied warranties and similar obligations are disclaimed, including but not limited to those of fitness for a particular purpose, and merchantability, whether otherwise arising by custom, usage, law, or trade practice. There are no warranties which extend beyond those expressly contained in the service agreement. LAKE MARY COMPUTERS Recovery does not warrant that returned media, serviced or not serviced, will comply with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction.

CANCELLATION FEE

 A client may request to cancel the service project at any point before the recovery is accepted. If the customer has already approved service based on the quote provided by LAKE MARY COMPUTERS Recovery and provided a credit card, a cancellation fee equal or the greater of either $200 or 20% of the quoted service fee will apply.

ENCRYPTION AND MEDIA ACCESSORIES
MEDIA ENCLOSURES AND ACCESSORIES

If you provide LAKE MARY COMPUTERS Recovery with your drive in a server, laptop, or other enclosure, the drive in question will be removed in order to service it. LAKE MARY COMPUTERS Recovery will not reassemble a RAID array or server or reinsert the drive in a laptop or other enclosure.

If any cables, cords, or other accessories are sent along with the storage media, LAKE MARY COMPUTERS Recovery is not responsible for these accessories. LAKE MARY COMPUTERS Recovery will not be held liable for lost or missing cables or other accessories. Furthermore, customers should not presume that storage media will be returned to them in the same packaging as they used to send it to LAKE MARY COMPUTERS Recovery.

ENCRYPTION

If during the course of data recovery services, LAKE MARY COMPUTERS Recovery encounters full disk or partial folder encryption, this will require additional work in order to recover the data, and there will be a US$200 surcharge on successful data recoveries, excluding cases of hardware encryption by the manufacturer. If your recovery is not successful due to encryption, a service fee equaling $200 or 20% of the data recovery cost will be due.

FILE LIST APPROVAL AND DATA RETRIEVAL

The client must review the file list within five (5) days of the project being completed. The file list includes the entirety of the data that will be provided to the client upon approval. If the client does not decline the file list within that five-day period with a valid reason, LAKE MARY COMPUTERS Recovery will consider the file list as approved and charge the default payment on file in the full amount quoted plus any applicable shipping fees, and recovered data will be returned to the customer’s shipping address on file at that time. If we are unable to process a payment, we will add a storage fee of $1.00 per day after the declined payment until the customer makes alternate payment arrangements. The balance may be sent to a third-party collections agency if not rectified within 60 days (see “Late or Declined Payments” below); in that case, these storage fees will also be included.

APPROVING THE FILE LIST

The client must approve the file list, per the aforementioned terms, before receiving the recovered data or any portion of it, even for expedited and emergency services. This indicates that the customer understands that the file list is the entirety of data that will be provided to them. Data within the “damaged” folder (if any) on the file list, is not guaranteed to be intact or functional. No files will be supplied to the client—including “sample files”—on any case prior to the approval of the file list. Nor will LAKE MARY COMPUTERS Recovery provide screenshots of folder structures or files (except in the case of RAW recoveries), and approvals must be made based on the supplied file list.

DECLINING THE FILE LIST

If the customer wishes to decline service based on the file list, the customer must provide LAKE MARY COMPUTERS Recovery with a detailed written account of the reason for decline, including any files sought that were not on the file list and the possible location of these files. If this information is provided, LAKE MARY COMPUTERS Recovery will make every possible effort to locate these files and update the file list accordingly. If this information is not provided, LAKE MARY COMPUTERS Recovery will attempt to contact the customer, and, if no response is received within 30 days, the full quoted amount will be charged to the card on file and the recovered media will be returned.

Once the file list is updated with the requested files that have been located, the customer is again responsible to review and approve or decline this list. If there is no response within five (5) days, LAKE MARY COMPUTERS Recovery will consider the revised list approved and charge the full amount due.

If this data exists, but is not recoverable, the customer will not be charged for the service and will be offered the option to either have the storage media disposed of or to have it shipped back. (The customer will be due for the amount of return shipping.)

LAKE MARY COMPUTERS Recovery does not take responsibility for client error. If the client has sent an incorrect media to LAKE MARY COMPUTERS Recovery and authorized recovery services, and LAKE MARY COMPUTERS Recovery has completed a recovery, the client will be responsible for the cost of the authorized services.

OPEN DRIVE/SECOND ATTEMPT

If your media has been previously opened or worked on, a fee of $200.00 will be assessed as we will need to take additional precautions to remove any damage or dust incurred.

FILE RETRIEVAL

Once the file list is approved and the payment is finalized, the files will be supplied to the client either on a another storage device or via FTP. FTP uploads will be limited to 50GB for Economy Recovery customers, 100GB for Expedited Recovery customers, or 500GB for Emergency Recovery customers.

TRANSFER MEDIA

If the client’s recovered data exceeds the limits in the previous paragraph, the data will be placed on a transfer drive… Devices provided by LAKE MARY COMPUTERS Recovery will be of sufficient capacity to store all the recovered data, but we do not guarantee any particular brand, model, or part number.

DECLINED SERVICES

In the event that the client declines to have service completed, or a device is found to be unrecoverable, there will be an option to have the device securely disposed of or returned by mail. The client will be responsible for the cost of return shipping.

MONOLITHIC DEVICES

When a monolithic device (SD card, Micro SD Card, or Flash Drive) is approved for recovery, LAKE MARY COMPUTERS Recovery will not return the device after completion no matter the outcome. LAKE MARY COMPUTERS Recovery reserves the right to securely dispose of or keep the original media for further research and development and to protect proprietary recovery methods.