Data Recovery Request Form

DATA RECOVERY REQUEST FORM AND SERVICE AGREEMENT

Parties and Contact Information

WHEREAS

WHEREAS, Client owns or controls certain electronic media, storage devices, systems, or accounts that contain data that Client desires to recover; and

WHEREAS, Service Provider is engaged in the business of providing data recovery and related services and represents that it has the facilities, equipment and expertise to attempt recovery; and

WHEREAS, the parties desire to set forth the terms under which Service Provider shall attempt data recovery for Client on the terms and conditions contained in this form and agreement.

Scope of Work

Service Provider will evaluate and, subject to the limitations below, attempt to recover data from the device(s) and media described below. Recovery methods may include logical recovery, physical repair, clean-room procedures, or other reasonable techniques as required. Service Provider does not guarantee successful recovery of all data.

Backup Available: Yes    Backup Location:

Fees and Payment Terms

Client agrees to pay Service Provider for evaluation, recovery effort, and any replacement parts or special services in accordance with the schedule below. An initial evaluation fee may be charged as described.

Client authorizes Service Provider to invoice Client for recovery fees and reasonable costs. Client understands that certain costs (parts, specialized tools, or outside laboratory work) may be billed in addition to the estimated fee.

Term; Termination; Notice

This Agreement commences on the date Service Provider takes possession of the device or begins work and continues until completion of services or earlier termination in accordance with this section.

Either party may terminate this Agreement for material breach if the other party fails to cure the breach within the notice period specified above. Termination does not relieve Client of responsibility for fees and costs incurred prior to termination.

Confidentiality and Data Handling

Service Provider will maintain the confidentiality of Client data and will not access, use, or disclose recovered data except as necessary to perform recovery, to comply with legal process, or as consented in writing by Client. Client acknowledges that data may be examined by Service Provider personnel during recovery and that metadata and proprietary information may be exposed in the process.

Service Provider shall employ reasonable administrative, physical, and technical safeguards appropriate to the size and scope of data handled. Client understands that absolute security cannot be guaranteed and releases Service Provider from liability for unauthorized access except where caused by Service Provider's gross negligence or willful misconduct.

Limitations of Liability; Warranties

Client acknowledges and agrees that data recovery is inherently uncertain. Service Provider MAKES NO GUARANTEE OF COMPLETE RECOVERY. Service Provider's liability for any claim arising under this Agreement, whether in contract, tort or otherwise, shall not exceed the amount actually paid by Client to Service Provider for the work giving rise to the claim. Under no circumstances shall Service Provider be liable for special, incidental, indirect, or consequential damages, including lost profits or loss of data, except to the extent finally determined to have resulted from Service Provider's gross negligence or willful misconduct.

Authorization and Certifications

Client represents and warrants that Client has the authority to request recovery of the device and data and to consent to Service Provider's access and handling of such data. Client will indemnify and hold harmless Service Provider from any third-party claims arising from Client's lack of authorization.

By signing below, Client authorizes Service Provider to proceed with evaluation and recovery efforts and to charge Client for services rendered in accordance with the Payment Terms above.

Authorization to Proceed: I authorize Service Provider to proceed with recovery efforts and to incur reasonable costs on my behalf.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction indicated below without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of courts located in that jurisdiction for disputes arising under this Agreement.

This Agreement, including all information provided on this form and any incorporated estimates or attachments, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior or contemporaneous understandings, agreements, or representations, whether written or oral. Any amendment must be in writing and signed by both parties.

Acknowledgement of Risk and Signatures

Client acknowledges that Service Provider has provided an explanation of the recovery process, that success is not guaranteed, and that recovery may result in changes to the device or the recovered data. Client acknowledges receipt of a copy of this Agreement.

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