DISCLAIMER OF WARRANTY/LIMITAION OF LIABILITY
The Engagement. Customer engages graffsdata, Ltd. (“Graffs Data Recovery”) and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.
Confidentiality. Graffs data recovery services will use any information contained in the data, media and/or equipment provided to Graffs data recovery services by Customer (“Customer Information”) 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 the owner’s sole property, and Graffs data recovery shall employ reasonable measures to prevent the unauthorized use of Customer Information, which measures shall not be less than those measures employed by Graffs data recovery in protecting its own confidential information. Graffs data recovery will not disclose Confidential Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Graffs data recovery) and not to any other party except as required by law. Graffs data recovery services will employ appropriate technical and organizational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information. Customer hereby agrees to the transfer of information to Graffs data recovery services affiliates and suppliers worldwide as needed for the sole purpose of performing the engagement. NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES. GRAFFS DATA RECOVERY, MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND GRAFFS DATA RECOVERY 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. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
Limitation of Liability; Limitation of Damages. In no event will Graffs data recovery services be liable for any indirect damages whatsoever. The total direct liability of Graffs data recovery to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Graffs data recovery.
Customer’s Representation and Indemnification. Customer warrants to Graffs data recovery that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Graffs data recovery, 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 Graffs data recovery harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or legal fees awarded against Graffs data recovery resulting from Customer’s breach of this section.
Miscellaneous. 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. Email 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.
GENERAL TERMS OF SERVICE:
No recovery no fee. service applies to all orders, EXCEPT where item needs to be taken apart for inspection. > more info
Quote. An initial quote is provided, solely based on information provided by customers. Initial quote may be adjusted after unit testing and evaluation where a final quote will be provided. Customer is required to formally accept final quote. Customers are under no obligation to accept the quote and may proceed with cancellation of order.
Collection and Delivery. Collection charges (if arranged by us) are always payable and NOT included by NO RECOVERY NO FEE policy. Delivery charges are only applicable in such instances where orders were cancelled on request of customer, whereby a quote is provided. > collection and delivery
Insurance and Claims. Graffs data recovery acts only as a intermediary when offering to arrange collection and delivery services. In case of courier carriage (arranged by us) becomes lost, damaged or destroyed (beyond repair), maximum amount that can be claimed is no more than £50 unless additional insurance was indicated on order form. All claims MUST be filed with graffsdata within 2 working days. Further proof of collection, damage, non-receipt, valuation of item(in form of commercial receipt/invoice) WILL be required to successfully obtain a claim. Amount of funds awarded for a claim, solely lies on carrier firm and graffsdata has no control or say whatsoever in the process. In the event, where customer has found to have falsified evidence to claim insurance, claim incident will be deemed as fraud and customer will forfeit his/her rights. Information then may be passed onto law enforcement and insurance agencies to allow prosecution. Graffsdata will adhere to the Law and provide all available assistance to the case officers. > insurance and claims
Advance (minimum charge). If graffsdata is unable to determine the extent of damage upon initial testing, and unit needs to be taken apart. A minimum charge (currently at £45+vat) will apply. graffsdata will seek customer consent before carrying out the work. Customer will be required to make a payment before work can commence. This charge, under circumstances, is always payable and NOT covered by our NO RECOVERY NO FEE policy. If procedure is successful, then minimum charge will be deducted from the quote. At any time, charges will NOT exceed provided quote. > minimum charge
Payment. Customer agrees to pay Graffs data recovery services all sums authorized , which may typically include charges for data recovery services, repair services, advance (minimum charge), reasonable travel and per diem expenses for on-site work, collection, delivery (only, if order cancelled by customer) and insurance, 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 Graffs data recovery, all such sums are due and payable in advance, by cash or credit/debit card. > payment
Payment Gateway. Customer acknowledges online payments of credit and debit cards are carried out by Google Checkout/Paypal UK/UK Bank and Building societies and deem Graffs data recovery free of any liability and discrepancies that may arise from use of payment gateway. All enquiries regarding payments must be directed to payment card provider and merchant services such as Banks, Google checkout, Paypal. > payment options
Consent. Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, verbal authorization if followed by written confirmation by Graffs data recovery at the earliest possible opportunity, and/or email. This MUST be provided by using our order form. A card holder signature MUST also be provided on the order form (along with PDF via support ticket OR by post).
Acknowledgment of Existing Conditions. Customer acknowledges that the equipment/data/media may be damaged prior to receipt and handling by Graffs data recovery, and Customer further acknowledges that the efforts of Graffs data recovery services to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. Graffs data recovery stipulates that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during recovery/repair efforts to complete the Engagement.
