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The Service Agreement
Customer agrees that Data Storage Solutions (“DSS”) and/or its suppliers may inspect, analyze, identify the problem, and /or recover or minimize the damage to, the equipment/data/media and/or provide other relevant services as may be requested by the Customer.
Upon payment of media analysis charge or as agreed between DSS and Customer, Customer may submit his/her data storage device or media to DSS along with completely filled Media Submission Form (MSF) to initiate the data recovery process and DSS will engage reasonable efforts and appropriate tools and techniques to analyze storage device or media for possibility of data recovery and would provide Customer with a report/quotation for the actual recovery work. On receiving confirmation by e-mail from Customer, DSS would proceed with the data recovery process and on completion would send the detail directory list in text file or Image file to Customers e-mail address registered with DSS or alternatively Customers representative may check online via Remote Viewer and can verify the data, Upon verification of recovered data the Customer need to confirm through email from registered email Id with us in MSF, which would be binding on Customer that he/she will take the data in 20 working days. Customer not responding to our communication and/or quotation and/or directory listing and/or verification form within 10 days from the date of receiving communication/quotation/directory listing/verification will move device and/or media and/or data in unclaimed section.
On receipt of agreed data recovery charges, DSS would dispatch the data in appropriate media followed by Customer’s crashed storage media/disk or as requested.
Any device, media and /or data unclaimed or left with DSS with or without full payment after 45 days from the date of signing MAF will be disposed at discretion of DSS and would release DSS from any obligation of confidentiality related to the device, media and/or data and Customer ceases the right of ownership to that media.
Customer acknowledges that the device and/or media being given to DSS may be damaged prior to its receipt by DSS. In spite of processing received crashed storage media with best of available technology and processes, the efforts may result in the destruction of or further damage to the device, media and/or data. DSS regret that it will not assume any responsibility for further damage that may occur to the Customer’s device, media and/or data. Please note that DSS is only committing to reasonable efforts with its existing technology and techniques however DSS cannot promise or guarantee particular results.
DSS will use any information contained in the device and /or media only for the intended purpose and will otherwise keep such information disclosed by the Customer under this agreement in the strict confidence. DSS will ensure reasonable measures to prevent unauthorized disclosure of Customer’s data of the same degree as ensured by DSS in protecting its own confidential information. DSS will not disclose this information to any person(s) except to the authorized representative/contact person of the Customer or as required by law.
Upon realization of data recovery charges DSS will ensure wiping beyond recovery the data within 3 working days, which will release DSS form confidentiality of data.
Customer agrees to avail DSS data recovery services, at its own risk. DSS do not extend any express, implied, statutory warranty or condition for any good or service and specifically disclaims all implied warranties including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose or warranty of accuracy arising from the usage of trade or course of dealing or performance.
In no circumstances DSS will be liable for any indirect damages whatsoever. The total liability of DSS to the Customer under this service agreement shall in no circumstances exceed the media cost as per market value.
DSS’s pickup & delivery service would not be responsible and shall not pay for, any loss, damage or theft of media and/or data.
Customer certifies to DSS that it is the legal owner of, and/or has the right to be in possession of, the device, media and/or data furnishing to DSS for data recovery and its collection, processing and transfer of such device, media and/or data is in compliance with data protection laws to the Customer/is subject and Customer will defend at its own, expense, indemnify and hold DSS harmless against any damages or expenses that may occur including attorney’s fee and pay any cost, damages or attorney’s fees declared against DSS resulting from Customer’s breach of this section.
Customer hereby agrees to pay all sums as agreed within specified time limit, which will typically include charges for availing DSS data analysis services, data recovery services, imaging, cloning, statuary charges and any other charges that are payable in advance or at the time of data delivery or accrued to DSS on any default by the Customer at any stage/communication during the data recovery process within 20 days from the date of media/case getting “unclaimed status” as mentioned in the quotation.
Customer agrees that DSS may charge interest on all amount not paid within an agreed time mentioned in quotation at the rate of 5% per week.
The parties agree that this agreement shall be governed by laws and regulations of the India where our registered office is located. You agree to comply with all applicable laws, statues, ordinances and regulations of the India. 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 work order or in any standard business form/communication by either party will apply even if accepted by the other party.
If any clause of this agreement is held invalid, illegal or unenforceable, such provisions shall be enforced to the fullest extent permitted by applicable law and the validity, legal status and enforceability of the remaining clauses shall not be affected thereby.
Customer ceases the right of ownership in case; the media is left unclaimed at DSS premises for 45 days from the last communication about the job. To ensure data confidentiality of the customer data for all the media which are not claimed by the customer irrespective of the recovery results the media would be send to our Depository for physical destruction of the platter thus ensuring data confidentiality which in turn are send to E-waste zone periodically as a part of contribution to safer and green environment.