This is an agreement between a computer data recovery company and a consumer for the recovery of data on the consumer's computer. This document contains the material terms and conditions of the agreement including the hourly rate to be paid, fees associated with the data recovery process and a limitation of liability. It includes standard provisions that are commonly found in these types of agreements and offers opportunities for customization to address the specific needs of the contracting parties. This agreement should be used by a data recovery company or specialist when providing services to a customer.
This is an agreement between a computer data recovery company and a consumer for the recovery of data on the consumer's computer. This document contains the material terms and conditions of the agreement including the hourly rate to be paid, fees associated with the data recovery process and a limitation of liability. It includes standard provisions that are commonly found in these types of agreements and offers opportunities for customization to address the specific needs of the contracting parties. This agreement should be used by a data recovery company or specialist when providing services to a customer. DATA RECOVERY AGREEMENT THIS DATA RECOVERY AGREEMENT (the “Agreement”), made as of ___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of Company], ___________ [Instruction: Insert Address] (the “Company”) and ___________ [Instruction: Insert Name of Client], ___________ [Instruction: Insert Address] (the “Client”). WHEREAS, Client is the owner of certain computer data (the “Data”), which as a result of some error or failure with Client’s computer, hard drive, or media source (the “Computer”), is damaged and/or inaccessible by Client; WHEREAS, Client desires to engage Company to provide certain data recovery services in connection with the Data and the Computer; and WHEREAS, Company desires to accept such engagement and provide said services; NOW, THEREFORE, in consideration of the promises and other good and valuable consideration set forth, the parties agree as follows: 1. Engagement. Client hereby engages Company to provide data recovery services in connection with the Data and the Computer. Company shall use Company’s best efforts to recover all or part of the Data. However, Company advises Client that certain types of destruction to Data are not recoverable and in certain instances there are no known techniques to recover part or all of the Data despite Company’s best effects. As such, there can be no assurances made of success. 2. Client’s Representations and Warranties. Client represents and warrants that: A. Client is the rightful owner of the Data, and/or is entitled to use of the Data; B. The Data is not and has not been used in any unlawful activity or in the violation of the rights of third parties; C. The Computer and/or Data is now damaged, and that the efforts of Company and/or its suppliers to analyze the damage, prepare the estimate, and complete the data recovery services may result in the destruction of or further damage to the Computer and/or Data. Company, for itself and its suppliers, regrets that due to the damaged condition of the Client’s Computer and/or Data, and the nature of the data recovery business, it will not assume responsibility for additional damage that may occur to the Client’s Computer and/or Data during Company’s data recovery service; D. Client shall fully cooperate with Company, as may be requested from time to time, in Company’s attempts to recover the Data, including providing software and/or manuals in possession of the Client; E. Client shall provide, upon request of Company, such documents and other written assurances or information requested by Company; 3. Estimates. Estimates are based on Company’s experience, in an effort to present a reasonable range of time that will be invested in recovering the Data. Unless delineated by the estimate, shipping and other costs are not included, and such estimates are not a final guarantee of price for performance of Company’s services. Final cost will vary depending on what services are performed in the recovery process. 4. Fee. Client agrees to pay Company the following amounts for Company’s data recovery service. All such sums are due and payable upon completion of work and Client’s receipt of an itemized invoice from Company. Client may pay by check, COD, bank money order, purchase orders on approved credit, or credit card. A. Company shall be paid at an hourly rate of ___________ Dollars ($___) [Instruction: Insert Amount] per hour. B. Company shall be paid the quoted costs of any: parts, software, or other items as deemed necessary by Company for the performance of the data recovery services, provided such quotes are approved in writing by Client prior to installation. 5. Limitation of Liability. In no event will Company, or its suppliers, be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable ground, including without limitation, damages for loss of Data and/or the Computer, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising Company’s performance of this Agreement. This limitation will apply even if Company, or an authorized dealer, agent, supplier, or representative, has been advised of the possibility of such damage. The Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. 6. Confidentiality. Company will protect the confidentiality of Client’s Data from unauthorized disclosure using the same degree of care used to protect Company’s own confidential information. Company and its officers and employees agree not to disclose any data to any third party unless subject to valid subpoena or other writ from legal authorities. 7. Miscellaneous. A. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. B. This Agreement is not assignable or transferable by either party, in whole or in part, without the prior written consent of the non-assigning party. C. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. D. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. E. This Agreement shall be governed in accordance with the laws of the State of _____________, [Instruction: Insert State], applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of _____________ [Instruction: Insert County], State of ______________ [Instruction: Insert State]. IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. COMPANY: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] CLIENT: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory]
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