Terms of Service

Evaluations and Diagnostics

All storage media and devices (iPods, iPhones, Desktop, Laptops, etc.) that are provided to The Data Rescue Center may be opened for evaluation, diagnostics and services procedures.

Potential clients and customers can contact their individual manufacturer for specific warranty information in regards to their storage media. The Data Rescue Center will not be held liable for voided warranties or damages that may be caused by opening these storage devices.

Clients at this moment acknowledge and agree that the evaluation and diagnostic procedure is not guaranteed. Since every data recovery scenario is different, The Data Rescue Center cannot guarantee the recovery of any storage device. Even though The Data Rescue Center technicians may have a high probability of a successful recovery, it is not guaranteed that any specific result will occur.

Services

The Data Rescue Center will do its best to recover the client’s data, but unfortunately, it is not guaranteed. Every reasonable effort with applied technology will be used.

Our attempt to recover data may result in damage to the device, media and data and can deem data unrecoverable. If possible, backups are always recommended.

Authorization

Upon sending storage media and devices to The Data Rescue Center, the client is authorizing The Data Rescue Center and its employees to conduct evaluations, diagnostics and recovery services.

Communications

All communications between The Data Rescue Center and customers relating to jobs will be communicated verbally over the phone or sent to client’s provided e-mail address.

The client warrants they are the owner of the storage device and media and its data that is sent to The Data Rescue Center. The client warrants that the data residing on the storage device is legal along with having legal rights to send us the storage media. The client will defend The Data Rescue Center and its employees from any legal claims or actions relating to the device or media.

Confidentiality

The Data Rescue Center will protect the confidentiality of their client’s data against unauthorized release using the same amount of care used to protect The Data Rescue Center’s confidential information.

The Data Rescue Center will not disclose or deliver the storage media’s data to any third parties unless specifically ordered to do so by subpoena, judicial or legal order.

This confidentiality agreement can be breached at any time by The Data Rescue Center if the client’s information is found to contain child pornography or any information that I be detrimental to U.S. national security.

Warranties and Guarantees Disclaimer

The Data Rescue Center does not give any warranties or guarantees regarding its services or results.

Liability

The client acknowledges that the storage media or device sent in is already damaged before the receipt by The Data Rescue Center. The client acknowledges and agrees that the evaluation, diagnostics and recovery services may result in further damage to the storage media in which The Data Rescue Center will not be held liable for the condition or loss of data.

Personal Data

The client must provide all genuine and accurate information as requested from The Data Rescue Center such as name, address, phone number, e-mail address and company information if applicable. The client acknowledges that The Data Rescue Center may send important information and notices regarding client requests. The Data Rescue Center will not have liability linked with or developing from client’s failure to provide and maintain accurate personal data.

Terms of Payment

Any costs that The Data Rescue Center gives the client may be provided verbally over the phone, in writing or electronically by e-mail. All amount must be payable in U.S. Dollar amounts. Customers wanting to move forward with recovery services must approve, authorize and pay for any invoiced services.

Disputes

All parties must attempt to resolve any disputes related to the services through good faith negotiation. If parties are unable to address the dispute through good faith negotiation, all disputes must be handled in California.

Any litigation claims must be filled through the Alameda County Court System.

The Data Rescue Center has the right to refuse service to anyone.