IMPORTANT: BY SENDING IN YOUR DEVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS
DO NOT SEND IN YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT SEND IN YOUR DEVICE IN FOR THE DATA RECOVERY SERVICE.
TERMS AND CONDITIONS
THIS AGREEMENT is between ALPHA MICROSOLDERING 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. ALPHA MICROSOLDERING agrees to use its best effort to attempt said recovery, and CLIENT agrees that ALPHA MICROSOLDERING is in no way liable in the event ALPHA MICROSOLDERING 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 ALPHA MICROSOLDERING 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 ALPHA MICROSOLDERING be liable if CLIENT’S device manufacturer’s warranty is void due to any action taken by ALPHA MICROSOLDERING .
SERVICES ESTIMATE. Upon receipt of device, ALPHA MICROSOLDERING will notify CLIENT with an estimate for the data recovery. Upon signed approval or responsive email of the cost estimate, ALPHA MICROSOLDERING will proceed with the recovery. ALPHA MICROSOLDERING , as a courtesy only, will retain ALPHA MICROSOLDERING 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 ALPHA MICROSOLDERING 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 ALPHA MICROSOLDERING for all services provided to CLIENT as described above. The CLIENT’S final bill is due and payable upon receipt of an invoice from ALPHA MICROSOLDERING . ALPHA MICROSOLDERING 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 ALPHA MICROSOLDERING 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 ALPHAMICROSOLDERING ASSUMES NO LIABILITY FOR LOSS OR DAMAGE TO CLIENT’S DATA AND OR PROPERTY DURING SHIPMENT OR FOR UNINSURED SHIPMENTS OR DURING SHIPMENT BETWEEN ALPHAMICROSOLDERING'S FACILITIES, SERVICE CENTERS OR OTHER ASSOCIATED ENTITIES.
CLIENT agrees that all submitted media and associated hardware may be destroyed by ALPHA MICROSOLDERING if CLIENT does not respond within 30 business days of ALPHA MICROSOLDERING'S attempts prompting CLIENT’S decision/permission to:
proceed with the project,
decline the project, or
ship back or destroy the properties.
ALPHA MICROSOLDERING assumes abandonment after these attempts. CLIENT agrees that the email account/address given to ALPHA MICROSOLDERING 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 ALPHA MICROSOLDERING holds no liability for destroyed properties if attempted contact by phone or email fails.
CONFIDENTIALITY. ALPHA MICROSOLDERING acknowledges that the information contained on the media is confidential, and ALPHA MICROSOLDERING 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 Quebec and Ontario, and all obligations of the Parties created in this Agreement are performable in Montreal, Quebec, Canada and Toronto, Ontario, Canada.
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.