Confidentiality
Clone Byte Data Recovery agrees, on its own and on behalf of any agents it utilizes to perform Clone Byte Data Recovery ’s responsibilities under this Agreement, that the materials and information which Customer provides to Clone Byte Data Recovery or to which Clone Byte Data Recovery gains access in the course of performing its responsibilities hereunder including, but not limited to, materials and information relating to software, hardware, technical and systems profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses and other identifiers of individuals and business entities, financial information, insurance, and other know-how or information relating to Customer (collectively “Customer Information”), as between the Parties, are the property of Customer, and shall be used and viewed by Clone Byte Data Recovery only within the scope of its rights and responsibilities under this Agreement, and shall not be otherwise disclosed to third parties by Clone Byte Data Recovery or any of its agents without Customer’s prior written approval.
The confidentiality obligations set forth in this Section shall not apply to information and materials: (1) that are or subsequently become publicly available without Clone Byte Data Recovery ’s breach of any duties it owes to Customer or the breach of any confidentiality obligations of any of Clone Byte Data Recovery ’s agents or affiliates which are owed to Customer; (2) was known to Clone Byte Data Recovery prior to Customer’s disclosure to Clone Byte Data Recovery , other than any information or materials obtained from any of Clone Byte Data Recovery ’s agents or affiliates which are either subject to confidentiality obligations in favor of Customer from such agents or affiliates of Clone Byte Data Recovery or fail to fall with the exception categories (1), (2), (3), (4), or (5) described herein; (3) become known to Clone Byte Data Recovery from a source other than Customer, other than by the breach of an obligation of confidentiality owed to Customer; (4) is independently developed by Clone Byte Data Recovery without reference to or use of Customer Information; or (5) when client information is found to contain illegal data such as child pornography or information that is detrimental to national security.
Clone Byte Data Recovery agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose.
Business entities, government entities and organizations whose data is successfully recovered by Clone Byte Data Recovery provide Clone Byte Data Recovery the right to use for promotional purposes their respective copyright protected logos and/or names. If any such business entity, government entity or organization does not wish to allow Clone Byte Data Recovery use their respective copyright protected logo and/or name for promotional purposes, Clone Byte Data Recovery will remove the copyright protected logo and/or name immediately upon request.
Clone Byte Data Recovery agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information. Such measures shall include, but not be limited to, requiring employees who will have access to such information to agree to the confidentiality requirements of this Section. Parties acknowledge and agree that it may be necessary for Customer to share Customer Information with Clone Byte Data Recovery in order for Clone Byte Data Recovery to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, Clone Byte Data Recovery agrees to the following:
To hold in strict confidence Customer Information obtained from Customer during this Agreement. Not to disclose Customer Information, in any form or medium, to any affiliated or non-affiliated person, firm or corporation except as necessary to perform services under this Agreement or as may be required by law. To the extent that Clone Byte Data Recovery contracts with a third party that obtains Customer Information in order to provide services under this Agreement, Clone Byte Data Recovery agrees to obtain contractual confidentiality protections to require the third party to hold Customer Information in strict confidence and not disclose it to any person unless required by law. Clone Byte Data Recovery agrees to return all Customer Information to Customer either upon request or termination of this Agreement. Clone Byte Data Recovery agrees to comply with applicable privacy laws and regulations including, but not limited to, the Govt of India as amended to comply with applicable changes in such laws and regulations as these occur and become effective.
Miscellaneous Provisions
Customer warrants to Clone Byte Data Recovery. that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Clone Byte Data Recovery and Customer will defend, at its expense, indemnify, and hold each of Clone Byte Data Recovery and OEM harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against Clone Byte Data Recovery or OEM, respectively, 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 Govt of India 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.
Customer acknowledges that any equipment/data/media supplied to Clone Byte Data Recovery under warranty with any OEM or any of its worldwide affiliates will be returned to OEM 45 days after closure of Customer’s data recovery case unless customer purchased the Keep Your Hard Drive Option from OEM.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES: CLONE BYTE DATA RECOVERY MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND CLONE BYTE DATA RECOVERY 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.
Terms and conditions
These terms constitute the entire agreement (“Agreement”) between the purchaser of the services described herein (“Customer”) and Clone Byte Data Recovery Incorporated (“Clone Byte Data Recovery”). By engaging Clone Byte Data Recovery to provide the services, Customer agrees to this Agreement.
Services Provided:
Customer engages Clone Byte Data Recovery 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/data/media; and/or provide other services as may be requested by Customer from time to time.
Independent Contractor
Clone Byte Data Recovery states and affirms to Customer that it is an independent contractor. It shall have the direction and control of its employees in the provision of services to Customer. Nothing contained in this Agreement shall be construed so as to create a partnership between the Parties or to authorize either Party to act as a general agent of the other Party. Neither Party shall have any authority to make contracts, commitments, statements or representations on behalf of the other Party, except as set forth in this Agreement. Customer understands that Clone Byte Data Recovery is not acting as an agent of any storage OEM or otherwise on behalf of OEM, and that OEM is not responsible for the services provided pursuant to this Agreement.
Compensation
Customer agrees to pay Clone Byte Data Recovery all sums authorized from time to time by Customer, which will typically include charges for Clone Byte Data Recovery services, shipping and insurance (both ways), and actual expenses, if any, for part, media and/or off the shelf software used in the services. Unless otherwise agreed to in advance by Clone Byte Data Recovery, all such sums are due and payable in advance, by company check, bank money order, or credit card.
Limitation of Liability
Customer acknowledges that the equipment/data/media may be damaged prior to Clone Byte Data Recovery’s receipt, and Customer further acknowledges that the efforts of Clone Byte Data Recovery to complete the services may result in the destruction of or further damage to the equipment/data/media. Clone Byte Data Recovery regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during Clone Byte Data Recovery ’s efforts to complete the services.
In no event will Clone Byte Data Recovery be liable for any indirect damages whatsoever. Clone Byte Data Recovery will not be held liable for any damages due to any virus, worm, Trojan horse, etc. Similarly, Clone Byte Data Recovery shall not be directly or indirectly liable to Customer or any third party for any damage, loss, cost or injury whatsoever arising out of the services performed by Clone Byte Data Recovery. The total liability of Clone Byte Data Recovery to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Clone Byte Data Recovery.
Clone Byte Data Recovery guarantees that our data recovery work will not void manufacturer warranties. Our warranty seals are accepted by every major storage manufacturer. If for any reason they are not accepted, Clone Byte Data Recovery will not be able to compensate the customer for the replacement cost of the storage device, please check related to warranty with the OEM before you send the drive for data recovery.