Terms

Data Recovery Terms and Conditions

TERMS AND CONDITIONS INDEX

  1. CONTENTS OF SERVICE
  2. DELIVERY AND RETURN OF MATERIALS
  3. PRICING STRUCTURE
  4. PAYMENT
  5. COMPLAINTS
  6. RISKS
  7. CANCELLATION
  8. EXPORT CONTROL
  9. REFERENCES
  10. NO WAIVER
  11. LIABILITIES
  12. INTELLECTUAL PROPERTY
  13. FORCE MAJEURE
  14. ENTIRE AGREEMENT
  15. NO VARIATION
  16. APPLICABLE LAW
  17. CONFIDENTIAL

1. CONTENTS OF SERVICE.

Dataquest will use all it’s resources available to recover your data from the materials given, however given the difficulty of data recovery in general, no guarantee is given whatsoever:-

  1. as to Dataquest’s ability to recover all or any of your data;
  2. that any data recovered by Dataquest will be complete, uncorrupted and/or reasonably usable by and/or of use to you.

Any data recovered will be returned to you within the materials provided, unless specified by yourself or if Dataquest deems otherwise. An additional cost will therefore be required from you to provide further materials for this purpose.

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2. DELIVERY AND RETURN OF MATERIALS.

You are responsible for arranging the cost and delivery of materials to Dataquest. Dataquest will use all reasonable efforts to complete the data recovery service and notify you of it’s readiness within two working days of receipt of the materials, depending on terms of contract. If Dataquest require any additional information or further materials, this will not apply. Also it will not apply if you are required to accept a revised estimate before Dataquest can proceed with the data recovery. Any materials not containing recovered data will be returned to you at your written request and cost. Dataquest will arrange for delivery to you of any relevant materials, containing recovered data at your cost. Materials will be returned by courier, unless agreed otherwise. If you do not request return of materials within two weeks after notification that they are ready for collection, Dataquest may destroy materials at its own discretion.

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3. PRICING STRUCTURE.

The provisional estimate given to you by Dataquest based on the information you have given, is subject to change after the receipt of materials. You will be informed by Dataquest of any such change and work will not be carried out until you have confirmed acceptance of the revised estimate in writing. If there is no change to the provisional estimate, Dataquest will inform you and proceed to carry on with the data recovery as per the written agreement you have signed and authorised. In certain circumstances a revised estimate may itself require revision once data recovery has started, including :-

  1. unexpected problems arising when proceeding with Data recovery.
  2. the amount of data which Dataquest expects to recover.
  3. you having provided Dataquest with the incorrect information.

In any such circumstances you will be notified of any revised estimates, at which point you may then cancel the agreement at no charge. Exceptions to this rule as follows :-

  1. The estimate given by Dataquest will only cover the work specified within. Any additional work to be carried out by Dataquest on request by you, will warrant another estimate for your acceptance.
  2. If you cancel the agreement at any time, other than by the occasion of Dataquest issuing a revised estimate in section 3 (i), (ii) or (iii) above, you will be liable to pay on demand by Dataquest, for the actual work carried out up to the time of cancellation.
  3. If at any time no fault is found with or in the materials, Dataquest will be entitled to charge you an amount equal to the cancellation charge specified in condition 3 (b).
  4. If at any stage Dataquest determine that it cannot recover your data for any reason. Dataquest will notify you of this and not charge you, save for return of carriage.

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4. PAYMENT.

Dataquest International requires payment of all orders including purchase of materials prior to goods being dispatched. These payments are accepted in the following methods.

i. CREDIT CARD Please indicate name of credit card, account/card number, name of card holder and expire date.

ii. BACS TRANSFER Please include your Name and job Number reference on the transfer details. All transfers must be made in £ sterling. Any charges incurred by your bank will not be paid by Dataquest. Once Dataquest has had confirmation of transfer and payment your goods will be dispatched.

BANK DETAILS AVAILABLE ON REQUEST

iii. CHEQUE Dataquest International can no longer accept cheques. Payment must be made by credit / debit card or bank transfer as above.

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5. COMPLAINTS.

Any complaint must be made to Dataquest within 10 days of the return of the recovered data. Failing to which Dataquest will be deemed to have performed all its obligations under the agreement for data recovery properly.

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6. RISKS.

Dataquest shall only take responsibility for loss and / or damage to the materials upon receipt at its premises. Risk of loss and / or damage shall pass to you immediately upon notification to you by Dataquest that the materials and / or data recovery are available for collection under condition 2.

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7. CANCELLATION.

Cancellation of any credit terms must be made in writing and will be accepted conditional upon your agreement to pay all losses. costs and liabilities which Dataquest shall incur as a result of the cancellation.

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8. EXPORT CONTROL.

You agree to comply with any relevant export regulations including payment of any fees.

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9. REFERENCES.

No reference to Dataquest in any advertising or promotional material with regard to any such product or materials supplied, without Dataquest’s express provision. No reference to Dataquest may be made by you on any product or materials in connection with the data recovery.

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10. NO WAIVER.

No waiver by one party of any breach of this agreement by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.

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11. LIABILITIES.

In spite of any other clause in this agreement, Dataquest will not be liable to you for any indirect, consequential or economic loss, including loss of business profits or expected savings. Save as aforesaid, Dataquest’s liability to you shall be excluded to the minimum extent permitted by law.

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12. INTELLECTUAL PROPERTY.

No transfer of, or licence to, any intellectual property right whatever is given or implied by this agreement.

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13. FORCE MAJEURE.

None of the parties to this agreement shall be responsible to any other party for any delay in performance or non-performance due to any causes beyond the reasonable control of the parties hereto, but the affected party shall promptly upon the occurrence of any such cause so inform the other party in writing, stating that such cause has delayed or prevented its performance hereunder and thereafter such parties shall take all action within their respective powers to comply with the terms of this agreement as fully and as promptly as possible.

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14. ENTIRE AGREEMENT.

  1. This agreement contains the entire agreement and understanding of the parties in connection with the subject matter of this agreement.
  2. In particular ( but without prejudice to the generality of the foregoing ) each party acknowledges that it has not been induced to enter into this agreement by any representation or warranty other than the representations and / or warranties expressly contained in this agreement.
  3. Each party hereby irrevocably waives any right it may have to claim damages or to rescind this agreement by reason of any misrepresentation whether or not contained in this agreement unless such misrepresentation was made fraudulently.

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15. NO VARIATION.

The terms of this agreement shall not be varied nor the agreement terminated orally and none of the terms hereof shall be deemed to be waived or modified except by an express agreement in writing signed by the party against whom such waiver or modification is sought and enforced.

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16. APPLICABLE LAW.

This agreement shall be governed and construed in accordance with the laws of England and the parties hereto submit to the jurisdiction of the English Courts.

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17. CONFIDENTIALITY.

Customer agrees that Dataquest may use any information or data supplied with or stored in the equipment (the customer information) for the purpose of fulfilling the Engagement, and will otherwise hold the Customer Information in the strictest confidence. However, subject to whatever patent rights may exist at the time, the foregoing confidentiality obligations shall not apply to any information:

  1. which at the time of disclosure is published or is otherwise in the public domain,
  2. which after disclosure becomes part of the public domain otherwise than through a breach of confidence or confidentiality,
  3. which was known to Dataquest prior to receipt from the customer, provided that such prior knowledge can be adequately substantiated by the documentary evidence antedating the disclosure by the Customer,
  4. which is disclosed to Dataquest party by a third party (other than employees or agents of either party) which in making such information available to Dataquest is not in violation of any obligation of confidentiality to the disclosing party,
  5. is independently developed by Dataquest or
  6. is trivial or obvious.