A. Estimate/Invoice Services And Materials Delivered By Client:
As of the date of this Estimate/Invoice, Client has delivered to Computer Storage Services India Pvt. Ltd. (hereby known as CSSI India Pvt. Ltd., or Company), the items set forth above (“Drive Dropped Off”) for the services set forth above, pursuant to all terms and conditions set forth in this Estimate/Invoice.
B. Terms And Conditions Specifically For Data Recovery Services:
Regarding the recovery of data from Client's damaged storage media:
- Client authorizes Company to perform all necessary work on Client’s storage media.
- Client agrees that Company is not responsible for any damage resulting from servicing Client’s storage media.
- Client agrees that Company may need to open Client’s storage media for diagnosis or repair and that Client’s warranty may be voided.
- Client agrees that if Company recovers the important data of Client’s data from a hard drive/device, Client will pay previously agreed upon rate for the recovered data from each hard drive together with applicable taxes.
- Client agrees that if Company recovers 0% of Client’s data from a storage media, Client owes only the Analysis fee.
- Client agrees that if Client does not provide a transfer storage media (which must be a bare SATA or non-NAS External Hard Drive), or if the transfer storage media provided by Client is defective or too small to accommodate all recovered data, Company will charge Client for, and start moving the data to, the smallest transfer storage media which can accommodate all recovered data.
- Client agrees that if Company recovers Client’s data, Company will retain a backup of the data for not more than 7 working days after the media is out.
- In case of complex physical issues with the original media storage, once the data has been recovered, the media storage will not be returned, and will be disposed of as per the Company’s E-Waste policies.
- Confidentiality – As per the standard NDA agreement mentioned in Media Receipt or as per the client format signed by CSSI India Private Limited.
- Shipping terms –In no circumstances CSSI would be liable for any damages occur during transit of the media.
C. General Terms And Conditions For Data Recovery Services:
1. Payment And Delivery:
(a) Client agrees to pay all outstanding as per the agreed terms with the corporate and individuals.
(b) Client agrees that if Client does not take delivery of all storage media and/or computer equipment within 60 days after delivery to Company, they will become the property of Company.
(c) Client agrees that Client must pay all dues by way of cash, cheque & NEFT/ RTGS.
2. Return Of Hard Drives And Computer Equipment:
By signing below, Client agrees that Company has delivered
(a) all transfer storage media and recovered data to Client, and/or
(b) computer equipment to Client, and that all such equipment has been serviced and otherwise repaired to Client’s full and complete satisfaction:
D. Policy Of No Returns For Any Reason:
By signing below, Client agrees that under no circumstances shall Client be permitted to return to Company (whether for a cash refund, credit, or exchange) any goods or services provided by Company and charged to Client under this Agreement, including, but not limited to, any transfer storage media sold by Company to Client in order to accommodate all recovered data, as set forth in Section D above.
E. General Terms And Conditions Of Agreement:
1. Severability: Client agrees that this agreement shall not terminate solely by reason of any of its terms being declared invalid or unenforceable. If any term is or becomes invalid or unenforceable, the remaining terms shall be unimpaired and the invalid or unenforceable term shall be replaced by a term that is valid and enforceable and that comes closest to the intention of the invalid or unenforceable term
2. Amendments: Client agrees that no waiver or modification of any of the terms of this agreement shall be valid unless contained in a single writing and signed by Company and Client. No course of conduct or manner of dealing between the parties shall constitute a waiver of any term of this agreement.
3. Applicable Law: Client agrees that this Agreement shall be governed by the laws of the State of Haryana, at Gurgaon.
4. Entire Agreement: Client agrees that this agreement contains the entire understanding between Company and Client with respect to the subject matter herein, and there are no representations, warranties, promises or undertakings other than those contained herein.
F. Arbitration Of All Disputes:
By initialing below, Client agrees that Company and Client will attempt in good faith to resolve any controversy or claim relating to this agreement promptly by meeting, discussing and negotiation. Any dispute that cannot be resolved by the parties within 10 business days, shall be submitted to binding arbitration, which arbitration shall be conducted in accordance with the following provisions:
(a) Venue: The arbitration shall be conducted in Gurgaon, India.
(b) Law: The governing law shall be the laws of the State of Haryana, at Gurgaon.
THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO NEUTRAL ARBITRATION, EXCEPT AS OTHERWISE SET FORTH HEREIN.
F. Arbitration Of All Disputes:
By initialing, signing, and Client Information sheet, Client agrees to all terms and conditions set forth above.