These terms constitute the entire agreement (“Agreement”) between the purchaser of the services described herein (“Customer”) and Accurate Data Networks Incorporated (“Accurate”). By engaging Accurate Data Networks,Inc to provide the services, Customer agrees to this Agreement.
Customer engages Accurate and/or its partners or subcontractors to inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/drive/data/media; and/or provide other services as may be requested by Customer from time to time.
Customer agrees to pay Accurate all sums authorized from time to time by Customer, which will typically include charges for Accurate services, shipping and insurance (both ways), and actual expenses, if any, for part and media used in the services. Unless otherwise agreed to in advance by Accurate, all such sums are due and payable by check, bank money order, or credit card.
Accurate agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose. Accurate agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information. This is subject to any law requirements to provide information.
Customer hard drives will be returned to Customer on request. Once Accurate no longer needs access to the hard drive to perform its services, Accurate will inform Customer that the hard drive is available for return. If Customer does not request the hard drive’s return within 30 days of Accurate notice, Accurate reserves the right to have the hard drive professionally destroyed. Subject to the other terms of this Agreement, Customer agrees to hold harmless Accurate and Accurate Data Networks agents from any liability for the destruction of Customer hard drives not claimed within 30 days of Accurate notice.
Limitation of Liability: Customer acknowledges that the equipment/drive/data/media may be damaged prior to Accurate receipt, and Customer further acknowledges that the efforts of Accurate to complete the services may result in the destruction of or further damage to the equipment/data/media. Accurate regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/drive/data/media during Accurate efforts to complete the services.
In no event will Accurate be liable for any indirect damages whatsoever. Accurate will not be held liable for any damages due to any virus, worm, Trojan horse, etc. The total liability of Accurate to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Accurate.
Customer warrants to Accurate that it is the owner of, and/or has the right to be in possession of, all equipment/drives/data/media furnished to Accurate; and Customer will defend, at its expense, indemnify, and hold Accurate harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against Accurate resulting from Customer’s breach of this section.
This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by the Parties.
The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the State of California without regards to its conflict of law provisions.
Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES: ACCURATE DATA NETWORKS,INC MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND ACCURATE DATA NETWORKS,INC 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.