Data Recovery Service Agreement

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Data Recovery Service Agreement

    1.   Service Engagement
         Agreement as of _________________, between ___________________________, (hereinafter
         referred to as the “Client”), and, a service of Neophaze Technologies, LLC
         (hereinafter referred to as “DataRestore”). Whereas, Client agrees to pay DataRestore to use its
         best efforts to recover data from Client’s storage media. The parties hereby agree to terms and
         conditions hereof.

    2.   Estimates, Cost and Payment
         a.) Time and Cost Estimates – Estimates are based on the capacity of the media to be recovered
         and any possible difficulties as determined by DataRestore based on DataRestore’s data recovery
         experience. Estimates are provided to the Client as information only. Actual final cost and time
         required for recovery may vary. Substantial changes to the recovery estimate will be
         communicated to the Client prior to the recovery. DataRestore’s DataNOW! Rush service clients
         have priority over all other clients.

         b.) Cost – Upon recovery, the Client will be informed of the success of recovery. The Client must
         decide whether to accept or deny the recovered data. Should the Client accept the restored data,
         the final cost will vary depending on actual recovery costs, media costs, and any special service
         as requested by the Client including, but not limited to, DataNOW! Rush Service, pick-up and
         drop-off, media removal/installation fees, and all local taxes.

         c.) Payment – Client agrees to pay DataRestore the final cost of recovery under this agreement.
         Unless agreed upon prior to recovery, the final cost is due upon completion of the work should
         the Client accept the restored data. The final cost must be paid in full via company check, cash
         on delivery, or money order. At this time, DataRestore does not accept credit card payments. Any
         payment that is returned due to insufficient funds will be surcharged 15% of the final cost.

    3.   Confidentiality
         The Client agrees that DataRestore may use any information stored on the media for the purpose
         of completing the recovery. All recovered data will be stored on DataRestore’s file servers until
         the recovered data is claimed by the Client and deleted within 14 days thereof. DataRestore will
         hold all Client data in the strictest confidentiality. Client data is never accessed in any way by any
         third parties.

    4.   Data Recovery Methods & Client’s Rights to Media
         a.) Best Effort – DataRestore will attempt to recover data as requested by the Client to the best
         of its ability. The Client accepts that data recovery may not be possible. There is no charge for
         data recovery to the Client should data recovery fail.

         b.) Client’s Media – All media given to DataRestore for data recovery will be returned to the
         Client after successful recovery, or upon request.

         c.) Damaged Media – DataRestore assumes that the Client’s media is damaged. DataRestore will
         minimize all media input/output operations to minimize further damage to the media. The Client
         accepts that the media may further deteriorate despite the best efforts by DataRestore to recover
         data with minimal disk input/output. DataRestore shall not be held responsible for further data
         loss on the media from its recovery process, shipping, or media deterioration.

         d.) Unclaimed data – Any data recovered for the Client that is not claimed within 30 days will be

         e.) Unclaimed hardware – Any media that is not claimed by the Client will be disposed of after 30
         days.                                                  (212) 937-8997
112 Eldridge Street,                                           (810) 222-7223
NYC, NY 10002
    5.   Warranty
         DataRestore does not make nor offer any warranty for any service expressed, implied, statutory,
         or in any communication with Client and DataRestore disclaims any implied warranty of any type.
         Media purchased from DataRestore is under warranty from the manufacturer. Should Client
         require warranty service for media sold through DataRestore, it is the Client’s duty to contact the
         manufacturer for such service.

    6.   Limitation of Liability
         In no event shall DataRestore be held liable for any damages whatsoever based on contract, tort,
         warranty or other legal ground including without limitation damages for loss of data, loss of
         profit, business interruption or other incidental, consequential, or indirect damages arising from
         DataRestore’s service.                                                (212) 937-8997
112 Eldridge Street,                                         (810) 222-7223
NYC, NY 10002
Client Information

First Name:                                                 Last Name:

Company Name:

Address 1:

Address 2:

City:                                         State:                 Zip     Zip Code:


Telephone Number:                                               Extension:

Email Address:

Recovery Request Information

Type of Media:

Internal Harddrive:    2.5” Laptop HD         3.5” Desktop HD

Form Factor: PATA           SATA          SCSI          ESATA

Removable Media:       SD Card          Compact Flash           Memory Stick

Optical Media:    CD             DVD

Size of Media:

DataNOW! Rush Service (addition cost applies):      Yes            No


Your name and signature are required for this agreement:

Name:_________________________________ Date: ___________________

Signature: _______________________________________________________

If are you filling this form from the internet, please email it to or fax it to
(810) 222 7223. We will contact you upon our receipt of this service request form.
Thank you for your business.                                                   (212) 937-8997
112 Eldridge Street,                                            (810) 222-7223
NYC, NY 10002

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