Terms and Conditions
Please read the following Terms and Conditions closely before using our Web site (the "Site") and services. By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated here. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES. Zibit Datalab may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
Authorization:
The client (hereafter "you" or "your") authorizes Zibit Data Lab and Zibit Data Lab TA Zibit Datalab (hereafter “Zibit Datalab”, “we” “our” or “us”), its employees, and agents, to conduct an evaluation of the media provided to us to determine the nature of the damage and provide an estimate of recovery cost and timing. The client also authorizes Zibit Datalab to take any and all reasonable effort and measures necessary to determine recoverability and to recover data from this media and or equipment.
Legal Rights:
The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owners behalf and all data contained therein sent to Zibit Datalab. Any property left with Zibit Datalab and unclaimed for 60 days, will be disposed. At which time, Zibit Datalab shall have no liability to the client or any third party.
Liability:
Zibit Datalab assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will Zibit Datalab be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Zibit Datalab has been advised of the possibility of damages or loss to persons or property. Our liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and Zibit Datalab agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by the client. Client is fully aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Zibit Datalab, and assumes any and all known risks of injury and property damage that may results.
Confidentiality:
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. Zibit Datalab and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. Zibit Datalab provides an absolute NON DISCLOSURE of any customer data.
Payment:
Client agrees to pay in full upon completion of services rendered by Zibit Datalab. Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded). Other payment arrangements may be made prior to recovery. We accept BACS, VISA, MasterCard, Meastro, SOLO and Electron. The client is responsible for all shipping charges regardless if the data is recovered or not.
Authorization of Recovery:
If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device or media we will apply our existing technology and standard processes and use our best reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize Zibit Datalab to charge your credit card for such amount if we are able to successfully recover the data as promised.
Unrecoverable / Unsuccessful Recovery:
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.
Declined Recovery Services:
Declined Recovery Services: Based upon your specific problem description over the phone at the time of initial consultation, we will do our best to provide you with a reasonable pre-quote range over the phone or via email. By sending media to us, you agree that you are comfortable with this quote range and to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from your media. Upon completion of the evaluation, if it is determined possible for us to successfully recover data from your media and you decline to proceed or to use our recovery services, Zibit Datalab reserves the right to charge a ninety dollar processing fee (resource allocation, storage, labour, and applicable taxes). If data is determined to be unrecoverable there will not be a processing fee.
Data Recovery Guarantee:
Your recovery comes with a 14 business day data guarantee. If we do not recover the data as promised, we will do everything possible to rectify the recovery (including: reshipment at our cost of original drive for additional recovery attempts, etc.) or refund all or part of the recovery fees paid.
Service Limitations:
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to Zibit Datalab is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.
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.
Any modifications to this agreement must be requested in advance in writing, and must be approved by Zibit Datalab Recovery Services.
