Data Recovery Terms and Conditions

Authorization

1. The client authorizes Alpine Technical Services & Sales, ("Alpine Technical Services & Sales") or its designee to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of recovery cost and timing. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval.
    

2. The client authorizes Alpine Technical Services & Sales, its employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities.
    

3. The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking Alpine Technical Services & Sales to enter into this agreement with you, as client, you declare, under penalty of perjury and subject to the provisions British Columbia, that the foregoing representations are true and correct. You agree to indemnify Alpine Technical Services & Sales for any claims against Alpine Technical Services & Sales related to this data recovery effort, in the event that your representation that you own the data and other information is incorrect.
    

4. Failure to claim property Any property left with Alpine Technical Services & Sales unclaimed for 90 days, will be disposed. At which time, Alpine Technical Services & Sales shall have no liability to the client or any third party.
    

5. Limited Liability Alpine Technical Services & Sales shall not be liable as a result of this agreement, or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service.
    

6. THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED AND IS NOT PROMISED OR GUARANTEED. SOME DATA CANNOT BE RECOVERED.
    

7. IN NO EVENT WILL Alpine Technical Services & Sales OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF Alpine Technical Services & Sales BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY Alpine Technical Services & Sales OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES -- EVEN IF Alpine Technical Services & Sales HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
    

8. Alpine Technical Services & Sales 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. Client and Alpine Technical Services & Sales agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Alpine Technical Services & Sales option, either (a) additional attempts by Alpine Technical Services & Sales to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Alpine Technical Services & Sales data recovery services would be much greater if Alpine Technical Services & Sales undertook more extensive liability or promised additional remedies.
    

10. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Alpine Technical Services & Sales, and assumes any and all known risks of injury and property damage that may result.


 

11. Confidentiality Alpine Technical Services & Sales agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees , independent contractors, lawyers, or agents of Alpine Technical Services & Sales subject to confidentiality agreements or as required by law.


 

12. Payment Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement
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13. The client is financially responsible for all shipping costs, custom duties and taxes to and from Alpine Technical Services & Sales.
     

14. We accept VISA, Mastercard, American Express.
     

15. Warranty Alpine Technical Services & Sales makes no warranty, express or implied, and Alpine Technical Services & Sales disclaims any warranty of any kind, for the services being provided or discussed hereunder.
     

16. Agreement The parties shall submit all disputes relating to this Agreement or to either party's performance hereunder, or any nature whatsoever, to arbitration, including but not limited to tort, contract, statutory, or equitable in accordance with the Rules of the American Arbitration Association, except that any claim in connection with Alpine Technical Services & Sales seeking equitable relief in connection with Alpine Technical Services & Sales intellectual property rights may be brought in a court rather than in arbitration. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial as to issues covered by this arbitration agreement. The arbitration shall take place in Nanaimo, BC, and the laws of the British Columbia shall apply.


 

17. Pre-Dispute Notice to Alpine Technical Services & Sales: In exchange for the valuable services and consideration provided by Alpine Technical Services & Sales, the client agrees that at least 60 days before initiating any formal dispute with Alpine Technical Services & Sales, including the filing of any demand for arbitration, the client will first submit a sworn, written, and signed declaration to: General Counsel, Alpine Technical Services & Sales, Inc., 2514 Rosstown Road, Nanaimo, BC Canada V9T 3R8, by both facsimile (250-751-7628) and Canada Mail, stating the client's name, the problems experienced with Alpine Technical Services & Sales conduct, in detail, an itemization of all losses claimed as a result of Alpine Technical Services & Sales conduct, and all information known to the client concerning any claimed contract breaches or other actionable conduct of Alpine Technical Services & Sales. This declaration must state, at the end of the text and above the signature, "I declare under penalty of perjury that the foregoing is true and correct." This declaration will allow Alpine Technical Services & Sales management to review factual information about the alleged dispute so that any issues may be evaluated and resolved, potentially without the need for further proceedings.