Data Recovery Terms and Conditions The Engagement.
Customer engages Repairmend and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimise the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.
By sending your faulty media to Repairmend, you are agreeing to pay any fees for recovery when they become due, you are also agreeing to pay the Attempt Fee if it is applicable, if no Attempt Fee is stated within the quote then you will not be charged any Attempt Fee. If the recovery is unsuccessful then you will not be liable for any recovery charges.
Repairmend will use any Customer information contained in the data, media and/or equipment provided to Repairmend by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this agreement will remain Customer’s sole property, and Repairmend shall employ reasonable measures to prevent the unauthorised use of such information, which measures shall not be less than those measures employed by Repairmend in protecting its own confidential information. Repairmend will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Repairmend) and not to any other party. Repairmend will employ appropriate technical and organisational measures to safeguard Customer personal data and will act only on the instruction of the Customer with respect to Customer data.
Repairmend is part of a worldwide organisation and the Customer hereby agrees to the transfer of Customer data to Repairmend affiliates and suppliers worldwide as needed for the sole purpose of performing the engagement.
The Customer agrees to pay Repairmend all sums authorised from time to time by the Customer, which will typically include charges for Repairmend services, reasonable travel and per diem expenses for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement.
Unless otherwise agreed to in advance by Repairmend, all such sums are due and payable in advance, by company cheque, bank wire transfer, or credit card.
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorisation if followed by written confirmation by Repairmend at the earliest possible opportunity, and/or facsimile. Acknowledgment of Existing Conditions. Customer acknowledges that the equipment/data/media may be damaged prior to Repairmend receipt, Customer further acknowledges that the efforts of Repairmend to complete the Engagement may result in the destruction of or further damage to the equipment/data/media.
Repairmend regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during Repairmend efforts to complete the Engagement.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES. REPAIRMEND , MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND Repairmend SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.
Limitation of Liability;
Limitation of Damages. In no event will Repairmend be liable for any indirect damages whatsoever. The total liability of Repairmend to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Repairmend.
Customer’s Representation and Indemnification.
Customer warrants to Repairmend that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Repairmend, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold Repairmend harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against Repairmend resulting from Customer’s breach of this section.
The parties agree that this Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree that if any provision of this Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorised representative of each party. Facsimile signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or other attachments, constitutes the entire Agreement between the parties in relation to this subject matter. No provisions in either party’s purchase orders, or in any other standard business forms employed by either party will apply even if accepted by the other party.