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Service Agreement

The terms of the "Service Agreement" are meant to protect our valued customers especially our privacy policy.  Please fully understand and read our agreement before purchasing service from us.  By purchasing our services you agree that you have read, acknowledged and agreed to the "Service Agreement".

Privacy Policy:

Pro Data Recovery Specialists agrees, on its own behalf and on behalf of any agents it utilizes to perform Pro Data Recovery Specialists's responsibilities under this Agreement, that the materials and information which Customer provides to Pro Data Recovery Specialists or to which Pro Data Recovery Specialists 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 Pro Data Recovery Specialists only within the scope of its rights and responsibilities under this Agreement, and shall not be otherwise disclosed to third parties by Pro Data Recovery Specialists 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 Pro Data Recovery Specialists's breach of any duties it owes to Customer or the breach of any confidentiality obligations of any of Pro Data Recovery Specialists's agents or affiliates which are owed to Customer; (2) was know to Pro Data Recovery Specialists prior to Customer's disclosure to Pro Data Recovery Specialists, other than any information or materials obtained from any of Pro Data Recovery Specialists's agents or affiliates which are either subject to confidentiality obligations in favor of Customer from such agents or affiliates of Pro Data Recovery Specialists or fail to fall with the exception categories (1), (2), (3), (4), or (5) described herein; (3) become known to Pro Data Recovery Specialists from a source other than Customer, other than by the breach of an obligation of confidentiality owed to Customer; (4) is independently developed by Pro Data Recovery Specialists 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.

Pro Data Recovery Specialists agrees to use Customer Information only to provide services hereunder and not to use such information for any other purpose.

Pro Data Recovery Specialists 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.

Business entities, government entities and organizations whose data is successfully recovered by Pro Data Recovery Specialists provide Pro Data Recovery Specialists 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 Pro Data Recovery Specialists use their respective copyright protected logo and/or name for promotional purposes, Pro Data Recovery Specialists will remove the copyright protected logo and/or name immediately upon request.

Parties acknowledge and agree that it may be necessary for Customer to share Customer Information with Pro Data Recovery Specialists in order for Pro Data Recovery Specialists to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, Pro Data Recovery Specialists 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 Pro Data Recovery Specialists contracts with a third party that obtains Customer Information in order to provide services under this Agreement, Pro Data Recovery Specialists 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. Pro Data Recovery Specialists agrees to return all Customer Information to Customer either upon request or termination of this Agreement. Pro Data Recovery Specialists agrees to comply with applicable privacy laws and regulations as these occur and become effective.

Fraud Policy (Chargebacks, Cancellations and Bank Reversals).


You agree not to make any kind of cancellation, bank reversal or chargeback against the Pro Data Recovery Specialists under any circumstance.

The Pro Data Recovery Specialists make every effort to provide service to the customer but their inability to communicate by e-mail with us or login to the members  account due to an e-mail provider blocking our messages or other circumstance caused by the customer is not grounds for a refund of any kind including delays in the recovery due to the customer not providing the required information.

At the sole discretion of the Pro Data Recovery Specialists based on our evidence, you, the customer give Pro Data Recovery Specialists the right to provide and/or request any information to any third party in relation to an investigation of fraud in an effort to recover or collect our funds.  This includes the right for your ISP or financial institution to release information about the customer and the purchase for us to prove in a court a law that this was indeed a legitimate purchase and that the said customer did purchase the product. 

The customer agrees they will pay all related charges should an investigation arise in relation to any cancellation, chargeback or bank reversal associated with the purchase of our products and services.  Interest at a rate of 18% will be calculated against any balance that is in dispute due to a chargeback, bank reversal or any similar cancellation of payment.  Customer will be responsible for any collection and legal fees.

Services Provided:

Customer engages Pro Data Recovery Specialists 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:

Pro Data Recovery Specialists 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.

Fees:

Customer agrees to pay Pro Data Recovery Specialists all sums authorized from time to time by Customer, which will typically include charges for Pro Data Recovery Specialists services, reasonable travel and per diem expenses for on site work, 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 Pro Data Recovery Specialists, all such sums are due and payable in advance.

Money Back Guarantee

Our Service Fee is refundable but for the rare event the data is impossibly damaged and unrecoverable despite our best efforts we will return the entire price minus a small $50 Diagnostic Fee.
This fee covers the engineering time put into recovering the data and any partial data that is recovered is still sent to the customer.  In addition the fee includes a report about what caused the recovery to become impossible, what likely caused it and how to avoid such a problem in the future.

Limitation of Liability:

Customer acknowledges that the equipment/data/media may be damaged prior to Pro Data Recovery Specialists's receipt, and Customer further acknowledges that the efforts of Pro Data Recovery Specialists to complete the services may result in the destruction of or further damage to the equipment/data/media. Pro Data Recovery Specialists regrets that it will not assume responsibility for additional damage that may occur to the Customer's equipment/data/media during Pro Data Recovery Specialists's efforts to complete the services.

In no event will Pro Data Recovery Specialists be liable for any indirect damages whatsoever. Pro Data Recovery Specialists will not be held liable for any damages due to any virus, worm, Trojan horse, etc. The total liability of Pro Data Recovery Specialists to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Pro Data Recovery Specialists.

Miscellaneous Provisions:

Customer warrants to Pro Data Recovery Specialists that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to Pro Data Recovery Specialists Inc.; and Customer will defend, at its expense, indemnify, and hold Pro Data Recovery Specialists Inc. harmless against any damages or expenses that may occur (including reasonable attorneys' fees), and pay any cost, damages, or attorneys' fees awarded against Pro Data Recovery Specialists Inc. 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 laws of British Columbia, Canada 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:

Pro Data Recovery Specialists MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER, AND Pro Data Recovery Specialists 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.