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Terms of Use Backup and Data Recovery

Terms and Conditions of Use Data Recovery

A. Customer requests certain inspection and evaluation services regarding data retrieval, pursuant to the Order Form, (Exhibit A).

B. Computadoras. NET will advise Customer of the results of such inspection and evaluation services by sending or faxing to Customer an additional form labelled "Exhibit B". Thereafter the Customer may, by returning to Computadoras. NET a fully completed and executed Exhibit B (which upon acceptance by Computadoras. NET shall be deemed an integrated part of this Agreement), authorise Computadoras. NET and/or its suppliers to perform on a best efforts basis further services, such as analysis, repair, reconstruction of data and/or retrieval of data as more particularly set forth and/or estimated in Exhibit B.

C. All goods and services, including without limitation inspection, evaluation, analysis, repair, reconstruction of data and/or retrieval of data for a particular Engagement shall be governed by this Agreement.

In consideration of the foregoing and otherwise, it is agreed that:

1. The Engagement. Customer engages Computadoras. NET, and/or its suppliers, to use best efforts to: inspect, evaluate, and identify the problem (if not already identified); and/or correct the problem; and/or retrieve, or minimize the damage to, the equipment or the data, all subject to the terms and conditions hereof. The estimated charges set forth in Exhibit A may not be sufficient to accomplish the Engagement; if so, Customer will be notified and no additional charges beyond those already estimated in Exhibit A will be incurred without Customer written authorization.

2. Payment. For these services, Customer agrees to pay Computadoras. NET all sums identified in Exhibits A and B, any other sums authorized by Customer under this Agreement, plus shipping and insurance (both ways) and actual expenses, if any, for parts, media and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by Computadoras NET, all such sums are due and payable in advance, by company cheque, bank money order, or credit card. Prior to completion of recovery, Customer authorization and payment information on Exhibit B must be returned to Computadoras. NET. If Customer is pre-approved for terms, payment is due net 10 days. All sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

3. Damaged Condition of Customer's Equipment and/or Data. Customer acknowledges that the equipment and/or data is now damaged, and Customer further acknowledges that the efforts of Computadoras. NET and/or its suppliers to analyse the damage, prepare the estimate, and complete the Engagement may result in the destruction of or further damage to the equipment and/or the data. Computadoras. NET, for itself and its supplier's regrets that due to the damaged condition of the Customer's equipment and/or data, and the nature of the data recovery business, it will not assume responsibility for additional damage that may occur to the Customer's equipment and/or data during Computadoras NET attempt to complete the Engagement.

4. Confidentiality. Customer agrees that Computadoras. NET 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: (i) which at the time of disclosure is published or is otherwise in the public domain; (ii) which after disclosure becomes part of the public domain otherwise than through a breach of confidence or confidentiality, (iii) which was known to Computadoras. NET prior to receipt from the Customer, provided that such prior knowledge can be adequately substantiated by documentary evidence antedating the disclosure by the Customer; (iv) which is disclosed to Computadoras. NET party by a third party (other than employees or agents of either party) which in making such information available to Computadoras. NET is not in violation of any obligation of confidentiality to the disclosing party; (v) is independently developed by Computadoras. NET; or (vi) is trivial or obvious.

5. No warranties; disclaimer of all warranties. Computadoras. NET, for itself and its suppliers, makes and customer receives no warranties or conditions for any good or service, express, implied, statutory or in any communication with customer, and Computadoras. NET, for itself and its suppliers, specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, and arising from usage of trade or course of dealing or performance.

6. Limitation of liability. In no event will Computadoras. NET or its suppliers be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including without limitation damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the engagement. This limitation will apply even if Computadoras. NET or an authorised dealer, agent, supplier or representative has been advised of the possibility of such damage, customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation or risk.

7. Limitation of liability for certain claims by customer and/or third parties; indemnification. In no event will Computadoras. NET or its suppliers be liable for any damages based upon any claim of liability from the customer or from any third party, directly or indirectly, that the equipment or any data was damaged, altered or rendered unusable; and customer will defend, at its expense, indemnify and hold Computadoras. NET and/or its suppliers harmless against any damages or expenses that may occur (including reasonable legal' fees and costs incurred), and pay any costs, damages or legal fees and costs incurred awarded against Computadoras. NET or its suppliers resulting from such claim.

8. Customer's representation as to data and equipment; indemnification. Customer warrants and represents to Computadoras. NET that it is the owner of, and/or has the right to be in possession of, all data, technology and equipment furnished to Computadoras. NET under this agreement; and customer will defend, at its expense, indemnify and hold Computadoras. NET and its suppliers harmless against any damages or expenses that may occur (including reasonable legal fees and costs incurred), and pay any costs, damages or legal fees and costs incurred awarded against Computadoras. NET or its suppliers resulting from a breach of this paragraph

9. Uncontrollable Circumstances. Either party's performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or made impractical by:(a) the acts of omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such events(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of such events(s) may be promptly made.

10. Limitation of Damages. The parties agree, notwithstanding any other provision of this Agreement to the contrary, that the total liability of Computadoras. NET or its suppliers to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Computadoras. NET under this Agreement.

11 Miscellaneous

11.1 In the event any provision of this Agreement is declared by a judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any relevant competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of Computadoras. NET it may be severed from this Agreement

11.2 The Customer acknowledges that this Agreement contains the whole Agreement between the parties and it has not relied upon any oral or written representations made to it by Computadoras. NET or its employees or agents

11.3 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery or registered post or by telex or by electronic mail or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by telex or electronic mail or facsimile to the correct number of the addressee

11.4 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 authorized representative of each party to this Agreement.

11.5 This Agreement shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in USA

11.6 Any proceedings arising out of or in connection with this Agreement may be brought in any Court of competent jurisdiction in Arizona

11.7 The submission by the parties to such jurisdiction shall not limit the right of Computadoras. NET to commence any proceedings arising out of this Agreement in any other jurisdiction it may consider appropriate

11.8 Any notices of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 12.3

11.9 All data recovered will be kept for a period of 7 days after successful delivery to the customer prior to data deletion. No charge will be made in the destruction of data. Data will be destroyed and thereafter no further records will be kept.

Privacy Statement for Computadoras. NET Data Recovery Computadoras. NET, Inc. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: Computadoras. NET Data Recovery.

Use and Collection of Customer Information Computadoras. NET does not rent, sell or exchange information about its customers. Computadoras. NET gathers only the customer information that is needed to administer its business, provide superior service to its customers and communicate offers on services that Computadoras. NET believes will be of interest to its customers.

Non-Personally Identifiable Information Collected Automatically The Computadoras. NET Data Recovery Web site logs IP addresses to gather broad demographic information and for systems administration purposes. IP addresses are logged to track a user's session. This gives Computadoras. NET Data Recovery an idea of which parts of our site users are visiting. We do not link IP addresses to anything personally identifiable. This means that a user's session will be tracked, but the user will be anonymous.

Terms and Conditions of Use Backup

When dealing with Computadoras. NET you can't go wrong. Each case begins with a no charge evaluation and all billable work is performed with a data guarantee and a no files - no charge promise. From start to end, we are committed to quality service and successful recoveries.

Charge
Charges are applicable when you have agreed with our quotation and you accept the recovery results presented.

Security
Computadoras.net's website has security measures in place to protect the access, loss, misuse and alteration of the data and personally identifiable information under its control. The security and integrity of customer data is our business. Computadoras. NET employs sophisticated security measures and uses encryption technology like banks and the US Government. After the Computadoras. NET product is installed on the customer's PC, the "data" (from the files selected by the customer) and the customer's personally identifiable information are encrypted right at the customer's PC before being transmitted over the Internet to Computadoras. NET. Once Computadoras. NET receives the customer's transmission, it is authenticated, protected from the outside by a firewall and the data is stored in its encrypted form within Computadoras.net's system. A password is required before decryption of the customer's data can begin. Our software never commits the customer's password to permanent storage (anywhere), never transmits it to Computadoras. NET and it cannot be recreated from anything the customer transmits to Computadoras. NET. At Computadoras. NET, access to customer's personally identifiable information is limited to e-mail addresses, contact and billing information.

Computadoras. NET will not disclose your personal information to any outside organization for its use in marketing without your consent

Computadoras.net's website has security measures in place to protect the access, loss, misuse and alteration of the data and personally identifiable information under its control. The security and integrity of customer data is our business. Computadoras. NET employs sophisticated security measures and uses encryption technology like banks and the US Government. After the Computadoras. NET product is installed on the customer's PC, the "data" (from the files selected by the customer) and the customer's personally identifiable information are encrypted right at the customer's PC before being transmitted over the Internet to Computadoras. NET. Once Computadoras. NET receives the customer's transmission, it is authenticated, protected from the outside by a firewall and the data is stored in its encrypted form within Computadoras.net's system. A password is required before decryption of the customer's data can begin. Our software never commits the customer's password to permanent storage (anywhere), never transmits it to Computadoras. NET and it cannot be recreated from anything the customer transmits to Computadoras. NET. At Computadoras. NET, access to customer's personally identifiable information is limited to e-mail addresses, contact and billing information.