Terms & Conditions - DATASSURANCE

Background

DATASSURANCE is provided by Summit Financial Services Limited ("We/Us/Our") and is subject to these Terms and Conditions.

The Engagement.

By purchasing DATASSURANCE, in the event of a data loss, Customer ("You/Your") engages Us to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimise the damage to, the data/media.

We will only pay for two data recoveries in any one product period of 1 year.

We will only pay for data recovery from the computer that You specified at the time of purchase. Should You replace this computer, You must take out a new DATASSURANCE product for Your new computer. If You contact Us, We will give You a pro rate refund on Your previous product.

Confidentiality.

We will use any information contained in the data, media and/or equipment provided to Us by You ("Customer Information") only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer Information in the strictest confidence.  Any Confidential Information disclosed by You under this agreement will remain Your sole property, and We shall employ reasonable measures to prevent the unauthorised use of Customer Information, which measures shall not be less than those measures employed by Us in protecting Our own confidential information.  We will not disclose Confidential Information except to employees or consultants reasonably requiring such information and not to any other party except as required by law. We will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of You with respect to such information.

Payment.

DATASSURANCE will pay for the technical work required to retrieve data. You agree to pay Us all sums authorised from time to time by You, which will typically include shipping and insurance (both ways), and actual expenses, if any, for parts, media, and repairs to hardware required in the Engagement. Unless otherwise agreed to in advance by Us, all such sums are due and payable in advance, by company cheque, direct credit transfer, or credit card.

Consent.

Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation, oral authorisation if followed by written confirmation by Us at the earliest possible opportunity, and/or facsimile.

Acknowledgment of Existing Conditions.

You acknowledge that the equipment/data/media may be damaged prior to Our receipt, and You further acknowledge that Our efforts to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. We regret that we will not assume responsibility for additional damage that may occur to Your equipment/data/media during Our efforts to complete the Engagement.

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES.

WE, MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS FOR ANY GOODS OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.

Limitation of Liability; Limitation of Damages.

In no event will We be liable for any indirect or consequential damages or damages for economic loss whatsoever. The total liability of Us to You under this Agreement shall in no event exceed the DATASSURANCE price paid by You.

Your Representation and Indemnification.

You warrant to Us that You are the owner of, and/or have the right to be in possession of, all equipment/data/media furnished to Us, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which You are subject; and You will defend, at Your expense, indemnify, and hold Us harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or legal fees awarded against Us resulting from Your breach of this section.

Miscellaneous.

Both parties agree that this Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. The parties agree that if any provision of this Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorised representative of each party. Facsimile signatures for this Agreement and any subsequent amendments are effective to bind the signing party and admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or other attachments, constitutes the entire Agreement between the parties in relation to this subject matter. No provisions in either party's purchase orders or in any other standard business forms employed by either party will apply even if accepted by the other party.