THIS AGREEMENT is between JOESGE and the client named in the order form, hereinafter referred to as CLIENT.
NO RECOVERY NO CHARGE GUARANTEE. CLIENT acknowledges that this device is failed and or corrupted and that the requested data resides on this device. CLIENT agrees that if the wrong device was submitted for recovery by accident, then CLIENT is still liable for the costs of recovery of the device as quoted. JOESGE agrees to use its best effort to attempt said recovery, and CLIENT agrees that JOESGE is in no way liable in the event JOESGE is unsuccessful in recovering CLIENT’S data and CLIENT acknowledges that the returned device with the recovered data may not be bootable and that operating systems and application programs may not be usable.
FAILURE TO PROVIDE A CORRECT PASSCODE. Client acknowledges and agrees that if CLIENT does not provide the correct passcode and JOEGE is able to get the device working, but is not able to recover data due to the incorrect passcode, CLIENT is still responsible for payment in full.
MANUFACTURER WARRANTY MAY BE VOID. Although most manufacturers will honor product warranties following data recovery procedures, in no way shall JOESGE be liable if CLIENT’S device manufacturer’s warranty is void due to any action taken by JOESGE.
SERVICES ESTIMATE. Upon receipt of device, JOESGE will notify CLIENT with an estimate for the data recovery. Upon signed approval or responsive email of the cost estimate, JOESGE will proceed with the recovery. JOESGE, as a courtesy only, will retain CLIENT data (images and or logical data) for five (5) business days after completion of the project. CLIENT agrees to check and verify the recovered data to insure validity and completeness within this five-day period and agrees that JOESGE will hold no liability for any corrupted or lost data outside of this window.
CLIENT AGREES THAT REINTEGRATION OF THE RECOVERED DATA IS THEIR RESPONSIBILITY.
PAYMENT. CLIENT agrees to pay JOESGE for all services provided to CLIENT as described above.The CLIENT’S final bill is due and payable upon receipt of an invoice from JOESGE. JOESGE accepts the following payment methods: debit card, credit card, PayPal and Apple Pay. CLIENT agrees that the recovered data will be released only after the final invoice has been paid in full.
CLIENT PROPERTIES. CLIENT AGREES THAT JOESGE ASSUMES NO LIABILITY FOR DAMAGE TO CLIENT’S DATA AND OR PROPERTY WHILE PERFORMING DIAGNOSTICS AND OR DATA RECOVERY PROCEDURES OR DURING THE REMOVAL OF MEDIA FROM THE DEVICE. CLIENT AGREES THAT JOESGE ASSUMES NO LIABILITY FOR LOSS OR DAMAGE TO CLIENT’S DATA AND OR PROPERTY DURING SHIPMENT OR FOR UNINSURED SHIPMENTS OR DURING SHIPMENT BETWEEN JOESGE’S FACILITIES, SERVICE CENTERS OR OTHER ASSOCIATED ENTITIES.
CLIENT agrees that all submitted media and associated hardware may be destroyed by JOESGE if CLIENT does not respond within 30 business days of JOESGE’S attempts prompting CLIENT’S decision/permission to:
- proceed with the project,
- decline the project, or
- ship back or destroy the properties.
JOESGE assumes abandonment after these attempts. CLIENT agrees that the email account/address given to JOESGE at the initial submission of the properties and or during the duration of the project, will be used for this correspondence. If an email account/address is not available, CLIENT agrees that JOESGE holds no liability for destroyed properties if attempted contact by phone or email fails.
CONFIDENTIALITY. JOESGE acknowledges that the information contained on the media is confidential, and JOESGE shall not disclose any of such information to third parties except (i) pursuant to a final, non-appealable court order or (ii) as required by federal, state or local law.
ENTIRE AGREEMENT AND ENFORCEMENT. This Agreement (including any Addenda) constitutes the entire agreement as to its subject matter and supersedes all prior and contemporaneous oral and written agreements. All changes to this Agreement must be made in writing and signed by both parties and, accordingly, any terms on your ordering documents shall be of no force or effect. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney’s fees.
APPLICABLE LAW: This agreement shall be construed under and in accordance with the laws of the state of Washington, and all obligations of the Parties created in this Agreement are performable in Whatcom County, Washington, United States of America.
I am a duly authorized agent/delegate of the company/person named above and am liable for payment of the completed project with authority to make final decisions regarding this data recovery project and agree to all terms and conditions of this contract.