Digital Recovery (“Digital Recovery Group Llc.”) Service Agreement and Terms & Conditions
The services available as part of Digital Recovery Group LLC’s service portfolio are provided at the request of the client, addressing his various needs and requirements.
The purpose of the services rendered by our company and strategic partners is to study, evaluate and identify possible or specific problems. Furthermore, based on our professional experience and cutting-edge technology, we attempt to recover equipment, data and storage devices, as well as minimize any damage that they may suffer from.
Confidentiality.
At Digital Recovery Group LLC we are aware of the importance of our customers’ information, and therefore care for their security. This is why we have a commitment to the important data that you provide to us, and to the one we have access to through the work that we perform.
Therefore, we inform you that, in order to adequately render our services, we will use information at your disposal; even the confidential information contained in files, storage media or equipment provided by the customer, if so required. We will treat that Information (including the confidential information) with absolute secrecy. Any information that is revealed, discovered or recovered as per this agreement will remain the exclusive property of the customer.
As per the foregoing, at Digital Recovery Group LLC we adopt reasonable and necessary measures to prevent any leak or unauthorized use of our customers’ information (including the confidential information). The measures adopted by our company are never inferior to those we apply to protect our own confidential information.
Our customers’ secret or confidential information will only be provided to the employees and/or advisors as long as it is required for an adequate performance of the service, and they have previously entered into a nondisclosure agreement with Digital Recovery Group LLC, for our customers’ peace of mind. As a result, we adopt the technical and organizational measures that are necessary to safeguard any important or confidential information, and our actions in relation to it will be in compliance with the instructions given by the customer.
Under no circumstance will the information owned by the customer be disclosed to third parties, except when so requested by competent authorities that are duly authorized to do so by the law.
It is our duty to inform anyone requesting our services that Digital Recovery Group LLC. is part of an organization that operates worldwide, and therefore, the customer agrees to provide any necessary information to our providers and partners around the world with the sole purpose of adequately performing the services.
Payment.
The services provided by Digital Recovery Group LLC generate expenses for anyone who requests them. Before the work begins, the customer may request a quotation.
After requesting one or several services, the requestor will be required to pay for that which has been requested by any means that can serve as proof of the requestor’s consent. The customer will have to pay for one or many of the following costs when requesting a service, where applicable:
– The cost of the services rendered by Digital Recovery Group LLC.
– Price of the new parts, media and/or software used to adequately perform the service.
Prices and conditions for the services may vary during their performance, as per market dynamics and each specific case. The aforementioned products and services will have to be paid within the timeframes and as per the methods set forth by Digital Recovery Group LLC. Unless otherwise stated, they will be payable in advance through the means intended for that purpose, such as bank transfer, credit card, or any agreed-upon method.
The only service provided by Digital Recovery Group LLC free of charge is diagnostics, as long as this does not involve special, priority, urgent, RAID, server, Data Tape or other services. Other exceptions include situations in which the device has been previously manipulated; in this event, the replacement cost will be quoted as diagnostics and must be previously accepted by the customer.
Consent.
The parties will be required to express their consent in a reasonable manner, by means that can be used as proof of such consent. Therefore, spoken requests may be recorded or confirmed in writing through the most convenient means for such purpose. Spoken requests for which no proof exists shall be null and void.
Acknowledgement of existing conditions.
Risks inherent to the performance of the services by Digital Recovery Group LLC include intangible damages such as the destruction of major deterioration of data and/or storage media, as well as physical damages such as equipment damage or damage to device housings when attempting to access their internals. Based on the foregoing, anyone requesting the services acknowledges and assumes these risks.
The Customer acknowledges that the data/storage media and/or equipment may have been damaged before having been received by Digital Recovery Group LLC.
Limitation of liability.
Digital Recovery Group LLC shall under no circumstance be liable for damages caused by third parties unrelated to this agreement, and/or those that result from force majeure or acts of God; not even for those that occur during transportation of the device to the company’s facilities by the transportation company.
The liability of Digital Recovery Group LLC before anyone that requests its services shall not exceed the total amount paid by the customer at the moment that the damage took place, or the amount covered by insurance policies hired with the transportation companies, when the equipment is to be returned by this medium, as per the agreed-upon transport and product insurance conditions.
Quality, customer capacity and indemnification.
The service requestor states that he is of sound mind and that he assumes any liability for any misrepresentation; that he is the legitimate owner, or has been lawfully appointed as a possessor, of all the data, storage media and/or equipment provided to Digital Recovery Group LLC, and therefore guarantees that the possession, collection, processing and transfer of such data has been made in compliance with data protection laws.
Based on the foregoing, the customer requesting the services shall hold Digital Recovery Group LLC harmless from any liability that may result from the customer’s unlawful acts, and any misrepresentation in relation to this agreement. As a result, the customer agrees to defend and indemnify Digital Recovery Group LLC and any third party that may be affected by the customer’s wrongdoings; this commitment includes the payment of any direct damages and loss of profit arising from any noncompliance with this clause.
Applicable law.
The parties agree that this Agreement shall be governed by the federal and state laws of the United States of America in every respect, including its contents and construal, and it shall furthermore be considered to have been entered into in the United States of America.
Provision validity.
The parties agree that, should any of the provisions herein be unenforceable, null or void, the validity of all other provisions herein shall not be affected. Any amendment or modification to this Agreement shall only be valid if applicable to this Agreement, if it is made in writing, and when signed by an authorized representative of each party.
Signature and Acceptance of Agreement.
E-mail signatures of this Agreement and any other subsequent legal proof, as well as any implied acceptance or conclusive behavior, shall suffice in lieu of the signature of this agreement, and shall be admissible by any court and/or for any legal purpose. This Agreement, in conjunction with any annexed proof or document, constitutes the entirety of the Agreement between the parties in relation to the subject matter. No provision contained in the purchase orders of any of the parties or any other standard business form employed by any of the parties shall apply, even when accepted by the other party.
Data protection.
All personal data used for this submission has been included in a file handled by Digital Recovery Group LLC. with the purpose of managing our contractual relationship and inform you of our services, and they shall be subject to the guarantees set forth by the data protection laws of the United States of America; more specifically, those contained in the COPPA, HIPPA and FATCA laws, and any other that may be related to this matter and may come into effect in the future. Digital Recovery Group LLC. informs you of the ability to exercise the rights conferred to you by the aforementioned laws.