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If you deleted data from, or formatted your device, and we do not find any problems with the device, this Request Type will apply.
In accordance with these Terms of Service (“Agreement”), Customer engages Track Ten31, Inc., d/b/a Data Recovery San Antonio (“DRSA”) to evaluate Customer’s data storage device or media , to recover data from said device, including repair needed for recovery of data, (herein called the “Services”) Upon Customer’s submission of a data storage device or media to DRSA, reasonable efforts will be used to determine whether any data on Customer’s data storage device or media is recoverable using DRSA’s existing technology and processes (which has limitations – not all lost data can be recovered). If Customer authorizes DRSA to perform the Services, DRSA will use reasonable efforts to recover Customer’s data, within the confines of existing technology and standard processes.
FREE EVALUATION / MINIMUM FEE
Evaluation is free if Customer agrees to proceed with the recovery, provided that the quote is equal to or less than the minimum fee listed under Pricing Terms/ Options on front side of Contract. If the quote is higher than the minimum fee, there is no obligation to proceed and no payment is due.
Customer understands that devices and data may be damaged before being received by DRSA, and that attempts to recover data or repair devices can result in further damage to the data or device. Although DRSA makes every effort to recover data with minimal risk of further damage, data loss and further damage to the device may be unavoidable. DRSA assumes no liability for additional damage that may occur to Customer’s devices and/or data during efforts to recover data. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRSA WILL NOT BE LIABLE FOR THE CONDITION, EXISTENCE, OR LOSS OF THE DATA CUSTOMER SENDS DRSA OR THE DATA DRSA RECOVERS; ANY LOSS OF REVENUE, LOSS OF PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER ACKNOWLEDGES THAT THE PRICE OF THE SERVICES WOULD BE MUCH GREATER IF DRSA UNDERTOOK MORE EXTENSIVE LIABILITY.
Any device, media, or data left with DRSA after 30 days from the date of DRSA’s receipt will be disposed of in DRSA’s discretion; and Customer releases DRSA from any obligation of confidentiality related to the device, media, and data.
DRSA agrees that all devices and data provided by the Customer to DRSA will be viewed by DRSA only as required to provide the services requested by the Customer. DRSA will only use Customer Information to provide the services requested by the Customer. Additionally, Customer understands and agrees that files intentionally deleted by Customer may be recovered in the process of performing the Services.
The Customer warrants to DRSA that the Customer owns or has legal access to and proper authority to possess and contract services for all devices and data that Customer provides to DRSA. Customer agrees to defend, at Customer’s expense, indemnify and hold DRSA harmless, and pay all costs awarded against DRSA due to Customer’s breach of this section.
DRSA WARRANTY DISCLAIMER:
DRSA PERFORMS THE SERVICES “AS IS” WITH ALL FAULTS, AT CUSTOMER’S SOLE RISK. DRSA DOES NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING DRSA’S SERVICES OR THEIR RESULTS. ANY DATA STORAGE DEVICE PROVIDED TO CUSTOMER IS ACCEPTED BY CUSTOMER, “AS IS” WITH ALL FAULTS, AND WITHOUT ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, DRSA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY OR COMPLETENESS.
TERMS OF PAYMENT:
Payment is due before data can be released. Additionally, due to the digital nature of recovered data, DRSA cannot accept returns.