Authorization

By submitting our data recovery service request form online, Customer agrees to the terms and conditions described below. This Agreement, together with any exhibits or attachments, constitutes the entire Agreement between the parties in relation to this subject matter, and is admissible in any court and/or for any lawful purpose. Approval of this Agreement through email shall also be legally binding.

Agreement

1. Customer authorizes Konicom to conduct data recovery on the media sent to Konicom. If Konicom is unable to recover the data, there will not be charges to Customer. If Konicom is able to show Customer the data but Customer declines service completion due to any reasons, there will be a $85 charge to Customer to cover our evaluation effort.
   
   
2. Quote will be provided prior to the action of data recovery. No work will be performed without the explicit Customer approval.
   
   
3. Decline of service by Customer after the actual recovery action has started will result in $85 charge to Customer to cover the work performed by Konicom.
   
   
4. Media opened up during data recovery procedures may void all manufactures warranties. All hard drives tested with data recovery tools may void manufactures warrenties.
   
   
5. Customer is to choose the form of devices to receive recovered data. CDs and DVDs do not incur additional charges. CD and DVD media are not covered under any warranty.
   
   
6. Recovered data will be deleted in Konicom system two weeks after the data is delivered to Customer, unless notified otherwise.
   
   
7. Charges for data recovery are based on time and effort we spent on recovery process, not on quantity of data recovered. Customer is to verify their recovered data at checkout as no refunds will be issued once the data leaves our premises.
   
   
8. Payment is due in full at time of recovered data delivery via either shipping or pickup, unless special arrangements have been made prior to recovery.
   
   
9. All shipping costs are not covered by Konicom.
   
   
10. Any unclaimed property left with Konicom for over 30 calendar days after the completion of service will be destroyed totally without Customer's consent. Konicom shall have no further liabilities to Customer. Konicom will try all effort in contacting Customer for data and original media pickup.

Confidentiality

All recovered data and customer information are confidential. Customer is the legal owner or authorized representative of the legal owner of the media and all data contained in the media. "Confidential information" is defined as data and information relating the business operation and individual privacy. Konicom respects your privacy and agrees not to disclose any and all information or data files supplied with, stored on, or recovered from customer media except to employees or technicians of Konicom.

Security

Konicom ensures the security of recovered data stored in our system by taking all reasonable and prudent steps necessary to protect Customer's information. While no security measure is foolproof, we believe that we have implemented a system that is as safe as today's technology permits. Since we realize the importance of protecting your data and privacy, we will continue to evaluate new technologies and make improvements as these technologies become feasible.

Limited Liability and Indemnification

1. With regard to the data recovery services to be performed by Konicom pursuant to the terms of this agreement, Konicom shall not be liable for any claims regarding the physical functioning of the media and/or the condition and/or existence of data stored on the media supplied.
   
   
2. Konicom shall not be liable for the lost of Customer's media and data contained in the media due to thefts, hate crimes, terrorism acts, fire or natural disasters of any kind.
   
   
3. To the maximum extent permitted by applicable law, in no event shall Konicom be liable for any direct, indirect, punitive, incidental, special, consequential damages to the media, loss of data and loss of revenue or profits before, during or after the data recovery services herein provided by Konicom.
   
   
4. Customer is aware of the inherent risks of damage to media that is involved when undergoing data recovery process, including without limitation, risks due to destruction or damage to the media and/or data stored arise from opening up media and/or parts exchange, or inaccurate or incomplete data recovery including those that may result from the negligence of Konicom, and/or inability to recover all data from a media. Customer shall assume any and all known property damage that may result.
   
   
5. In case of loss of customer's original media by Konicom due to thief, the liability of Konicom shall be limited to providing the customer with similar blank media of comparable capacity.
   
   
6. Due to the nature of electronic devices and data recovery business, some "URGENT" recovery services may take longer than expected. Konicom only provides approximation of delivery timeframe and unable to guarantee delivery time for "URGENT" requests. "URGENT" only means that Konicom agree to put this request at top priority.
   
   
7. Konicom shall not be liable for any delay in recovering data and data delivery due to parts back order.
   
   
8. Konicom's 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.
   
   
9. Konicom shall not be liable to Customer or to any person or entity that may claim any right due to their relationship with Customer, for any acts or omissions in the performance of said services on the part of Konicom except when said acts or omissions of Konicom are due to the sole negligence or willful misconduct by Konicom.
   
   
10. Customer agrees to indemnify and hold harmless Konicom and its officers, agents, and employees, from all active and/or passive liability, loss, damage, claims, suits and actions of every type arising out of Konicom's performance of this contract for any actual or alleged personal injury, death, property loss, violation of patent right, or any other damage sustained or claimed to have been sustained by any person, corporation or legal entity, including employees of Customer.
    
    
11. Customer's agreement to indemnify and hold harmless Konicom includes but is not limited to all attorneys' fees and incidental loss incurred by Konicom or its officers, agents or employees as a result of any such claim, suit or action.
    
    
12. Upon Konicom's demand to defend every such claim, suit, or action brought or made against Konicom, or its officers, agents, or employees, Customer shall pay all costs, expenses, attorney's fees, and incidental loss and any other damage attributable to such defense, whether or not such defense is actually undertaken by Customer.
    
    
13. If Konicom brings any suit or action or cross-complaint to compel performance of the indemnification and hold harmless provisions of this contract, Customer shall pay to Konicom the reasonable attorney's fees incurred by Konicom, in addition to Konicom's costs of suit and the amount of any judgment obtained by Konicom as a result of such suit, action, or cross-complaint.