Data Recovery - Terms and Conditions

  1. Authorization

    The client authorizes Positive E Solutions Inc. to evaluate 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. Manufacturer Warranty

    The client agrees that during the process of data recovery it may be necessary to break the seals on the media, thereby voiding the manufacturers warranty.
  3. Legal Rights

    The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to Positive E Solutions Inc.
    Any property left with Positive E Solutions Inc. unclaimed for 90 days, will be disposed. At which time, Positive E Solutions Inc. shall have no liability to the client or any third party.
  4. Limited Liability

    Positive E Solutions Inc. shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.

    In no event will Positive E Solutions Inc. be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Positive E Solutions Inc. has been advised of the possibility of damages or loss to persons or property. Positive E Solutions Inc. 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.

    Client and Positive E Solutions Inc. agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Positive E Solutions Inc. option, additional attempts by Positive E Solutions Inc. to recover satisfactory data or refund of the amount paid by the client. The parties acknowledge that the price of Positive E Solutions Inc. services would be much greater if Positive E Solutions Inc. undertook more extensive liability.

    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 Positive E Solutions Inc., and assumes any and all known risks of injury and property damage that may results.
  5. Confidentiality

    Positive E Solutions Inc. agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees subject to confidentiality agreements or as required by law.

    Positive E Solutions Inc. endeavors to take all reasonable precautions to protect the condition and confidentiality of your data while in our possession.
  6. Payment

    Payment is due in full upon completion of recovery, prior to release of data.
    Purchaser acknowledges that all fees relating to data recovery service are final, no refund will be permitted under any circumstances.
    The client is financially responsible for all shipping costs, custom duties and taxes to and from Positive E Solutions Inc.
    We accept VISA, Mastercard, American Express, Interac and wire transfers.
  7. Warranty

    Positive E Solutions Inc. makes no warranty, express or implied, and Positive E Solutions Inc. disclaims any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose.
  8. Agreement

    This Agreement shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, without respect to its conflict of law rules.