A. Estimate/Invoice Services And Materials Delivered By Customer:
As of the date of this Estimate/Invoice, Customer has delivered to CSSI India Pvt. Ltd. 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 Customer’s damaged storage media:
1.Customer authorizes Company to perform all necessary work on Customer’s storage media.
2.Customer agrees that Company is not responsible for any damage resulting from servicing Customer’s storage media.
3.Customer agrees that Company may need to open Customer’s storage media for diagnosis or repair and that Customer’s warranty may be voided.
4.Customer agrees that if Company recovers the important data of Customer’s data from a hard drive/device, Customer will pay previously agreed upon rate for the recovered data from each hard drive together with applicable taxes.
5.Customer agrees that if Company recovers 0% of Customer’s data from a storage media, Customer owes nothing.
6.Customer agrees that if Customer 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 Customer is defective or too small to accommodate all recovered data, Company will charge Customer for, and start moving the data to, the smallest transfer storage media which can accommodate all recovered data.
7.Customer agrees that if Company recovers Customer’s data, Company will retain a backup of the data for not more than 7 working days after the media is out.
8.Confidentiality – As per the standard NDA agreement mentioned in Media Receipt or as per the client format signed by CSSI India Private Limited.
9.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) Customer agrees to pay all outstanding as per the agreed terms with the corporate and individuals. (b) Customer agrees that if Customer 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) Customer agrees that Customer must pay all dues by way of cash, cheque & NEFT/ RTGS.
2.Return Of Hard Drives And Computer Equipment: By signing below, Customer agrees that Company has delivered (a) all transfer storage media and recovered data to Customer, and/or (b) computer equipment to Customer, and that all such equipment has been serviced and otherwise repaired to Customer’s full and complete satisfaction:
D. Policy Of No Returns For Any Reason:
By signing below, Customer agrees that under no circumstances shall Customer be permitted to return to Company (whether for a cash refund, credit, or exchange) any goods or services provided by Company and charged to Customer under this Agreement, including, but not limited to, any transfer storage media sold by Company to Customer in order to accommodate all recovered data, as set forth in Section D above.
E. General Terms And Conditions Of Agreement:
1.Severability: Customer 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: Customer 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 Customer. No course of conduct or manner of dealing between the parties shall constitute a waiver of any term of this agreement.
3.Applicable Law: Customer agrees that this Agreement shall be governed by the laws of the State of Delhi.
4.Entire Agreement: Customer agrees that this agreement contains the entire understanding between Company and Customer 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, Customer agrees that Company and Customer 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 Delhi, India.
(b) Law: The governing law shall be the laws of the State of Delhi.
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.
G. Acceptance Of Estimate/Invoice:
By initialing, signing, and Client Information sheet, Customer agrees to all terms and conditions set forth above.