Rescue Data Recovery Edmonton Laboratory
Services Terms and Conditions
By ordering, receiving or using RescueData.ca data recovery services you agree to these terms and conditions:
We reserve the right to add, delete or change any of the following Terms and Conditions without prior notice.
Service Efforts and Process: Here is how our service works:
Service Limitations: Note that we cannot promise any particular results. We are only committing to reasonable efforts and the application of our existing technology and standard processes. We cannot guarantee that any data will be recovered. Also, our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable.
Regarding Computer Repairs: Diagnostic fee of $79.00 per unit is charged in advance but deducted from the final repair total. This fee is non-refundable if you choose not to have your device repaired or if the device ends up being irreparable. This fee pays for our technicians time to evaluate and attempt repair of your device. If you bring us a device with a specific complaint that renders it unusable at 100%, we will try our best efforts to repair it. If upon completion of the repairs, the device does not power up and functions, we will not be responsible for replacing the unit. The only remedy we may offer is the return of your lab fee, at our discussion based on the time and the effort needed to try repairing your device. We will not return any repair fees or special order part if your device fails for any other reason and deemed irreparable after pickup. If we find additional issues after evaluating your device, we will contact you and let you know. If you choose to get these issues repairs, we will offer you a reasonable package price. Computer repair warranty coverage is 30 Days. If the part has been installed and functions properly, we will consider the repairs complete. If the repaired/ replaced part fails within 30 days from pick-up, please contact us immediately so we can help resolve your situation. Our warranty protocol includes repairing or replacing the defective part if tested to be defective. If we find that our part is not defective, a technical fee of no more than $49.00 and return shipping charges if applicable, will be applied to the relevant account before the device is returned to you. If the replacement part also fails within the warranty period, we reserve the right to reaccess your device as this might be contributing to the failure of our working parts. All warranties are void if return part is found to be abused, scratched, mishandled, mislabeled, modified or altered in any way.
Authorization: You are authorizing Rescue DRL and its employees, agents, and delegates to conduct testing, evaluation, access, repairs, recovery attempts and processing of each data storage device or data storage media that you submit to us.
Communications: All communications relating to your request, including cost estimates and invoices, will be sent via e-mail to the address you provided to us unless you request, in writing, to receive such communications via regular mail. Please ensure that your personal information is up to date and accurate.
Legal Rights: You represent to Rescue DRL that you are of the legal age of majority in your state, province or country of residence. You warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. You warrant that the data on your device is legal and that you have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered; (c) to receive the recovered data; and (d) to agree to these terms. You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, or your rights or lack of rights thereto.
Confidentiality: We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect our own confidential information.
Disclaimer of Warranties, Representations and Guarantees: We perform this service “as is,” with all faults, at your sole risk. We do not extend any express warranties, representations, conditions or guarantees regarding our data recovery services or their results, and we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness.
Limitation of Liability: We will not be liable for any harm caused, unless you prove that we caused damages intentionally. Without limiting the generality of the foregoing, we will not be liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused. This disclaimer shall apply to any and all damages, regardless on the legal theory on which they are asserted (including, without limitation, contract, breach of contract, and tort), and regardless of whether we have been advised of the possibility of loss or damages - unless you prove that Rescue DRL caused damages to you intentionally Rescue Data is not responsible for damage caused during shipment or any items left more than 30 days after confirming the result or any recovered data after picking up (or receiving) after 2 Weeks.
Liability Cap: The amount of our liability will not exceed the total price you actually pay us for the data recovery services. The essential purpose of this limitation is to limit our liability for performing the data recovery services; this allocation of risk is reflected in our prices. This paragraph will apply notwithstanding any other provisions in this agreement, or the failure of any remedy. You acknowledge that the price of our services would be much greater if we undertook more extensive liability.
Exclusive Remedy: Your exclusive remedy for unsatisfactory work or data after viewing and picking up will be, at our discretion, additional attempts by us to recover satisfactory data.
Personal Data: You must provide true, accurate and complete information about yourself as prompted by the request form, including, without limitation, your name, address, e-mail address, telephone number and credit/debit card information, as applicable (collectively, “Personal Data”). You must maintain and promptly update your Personal Data. You acknowledge that we may send you important information and notices regarding your requests by e-mail and that we shall have no liability associated with or arising from your failure to maintain accurate Personal Data.
Terms of Payment: Payment shall be made by credit/debit card or some other pre-arranged method of payment acceptable to us. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and we shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason.
Sale and Other Taxes: We will withhold all taxes where we are required to do so by law. You will be responsible for all other applicable taxes not collected by us.
Compliance with Laws: The transactions contemplated hereby may be subject to the customs and export control laws and regulations of your country of residence and the country where our data recovery facilities are located. You agree to comply with all customs and export laws and all other applicable laws, statutes, ordinances and regulations relating to the use of this site and the data recovery services we offer. You acknowledge that violations of these terms and conditions or the terms and conditions of this site could be subject to criminal or civil penalties. You may not assign your rights or obligations under these terms and conditions without Rescue DRL’s express written consent.
Dispute Resolution: The parties will attempt to resolve any dispute related to the data recovery services through good faith negotiation. If the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding mediation and arbitration with a charter member of the Alberta Arbitration and Mediation Society ("AAMS"). Each party will bear their own costs in arbitration. Both parties waive their rights to a jury trial. All proceedings will take place in Edmonton, Alberta, Canada. The laws of the Province of Alberta will exclusively govern our provision of the data recovery services, without regard to Alberta’s conflicts of laws rules. You consent to the exclusive jurisdiction of the courts located in Edmonton, Alberta, Canada.
Severability: If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.