These terms and conditions govern the provision of any goods and services by Technetics Data Recovery Pty Ltd ACN 109 826 119 (“Technetics Data Recovery”) to the Customer.
Customer engages Technetics Data Recovery, and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimise the damage to, the equipment/data/media and/or provide other services as may be requested by Customer from time to time.
Technetics Data Recovery will use any Customer information contained in the data, media and/or equipment provided to Technetics Data Recovery by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this Agreement will remain Customer’s sole property, and Technetics Data Recovery shall employ reasonable measures to prevent the unauthorised use of such information, which measures shall not be less than those measures employed by Technetics Data Recovery in protecting its own confidential information. Technetics Data Recovery will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Technetics Data Recovery) and not to any other party. Technetics Data Recovery will employ appropriate technical and organisational measures to safeguard Customer personal data and will act only on the instruction of the Customer with respect to Customer data. Technetics Data Recovery is part of a national organisation and Customer hereby agrees to the transfer of Customer data to Technetics Data Recovery affiliates and suppliers nationally as needed for the sole purpose of performing the Engagement.
Customer agrees to pay Technetics Data Recovery all sums authorised from time to time by Customer, which will typically include charges for Technetics Data Recovery services, reasonable travel and per diem expenses for on-site work, shipping and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. All fees are exclusive of GST. Unless otherwise agreed to in advance by Technetics Data Recovery, all such sums are due and payable in advance, by Credit Card (AMEX (3% surcharge applies), Mastercard or Visa), Electronic Funds Transfer (EFT), company cheque or cash.
When the media has been physically tampered with and/or data recovery attempts have been performed by a third party, it is company policy to charge an attempt fee. This is non-refundable regardless of the outcome of the data recovery inspection/ recovery attempt.
For tape media, the equipment setup fee and tape scan fee is payable regardless of recovery or non recovery.
For cancellation of quoted or non recoverable jobs, Technetics Data Recovery will charge a postage and handling fee ($40 ex GST within Australia) in the event that the customer requests the return of the media. For recoverable media, the postage and handling fee will be included in the overall recovery cost.
For early cancellation (within 24 hours after quote approval) of an approved job, the Customer will be liable for 50% of the approved cost to cover expenses associated with the job. For any cancellation beyond the 24 hour period the client is liable for 100% of the approved job amount.
For any cancellation of an approved job where the data recovery was 100% successful the Customer is liable for 100% of the approved job amount.
Should the customer refuse to pay the associated cost to Technetics Data Recovery reserves the right to pursue legal action to obtain payment for the outstanding amount.
Any amount not paid on the due date for payment will attract interest at the rate of 15% per annum or 0.04% per day calculated from the invoice due date.
Acknowledgement Upon Job Completion
Upon successful completion of the data recovery process, Technetics Data Recovery will send out a report of all the recovered files to the nominated email account of the Customer. In the event of a successful data recovery report being sent out to the Customer and the Customer does not respond within 5 working days then a Tax Invoice will be issued to the Customer. The Customer acknowledges and agrees that the full amount of the Tax Invoice will be deducted from the stored Customer’s Credit Card and the data will be dispatched to the Customer’s nominated postal address. The customer agrees to pay for the outstanding tax invoices in full (via Credit Card (AMEX (3% surcharge applies), Mastercard, Visa), EFT, company cheque or cash) before the release of media and the recovered data. The Customer agrees that in the event that we are not provided alternative instructions by the Customer, we will hold the recovered data for 20 working days and then destroy the submitted media. We will them hold the recovered data for further 20 days and then destroy it. Throughout the 40 working days period there will be 20% administrative loading on the total amount of the Tax Invoice for collectiion of the recovered data.
Upon unsuccessful completion of the data recovery process (cancellation or unrecoverable media), all outstanding tax invoices must be paid and cleared before the release of media. Customer acknowledges and agrees that a postage and handling fee is payable if the customer wishes to have the media sent back to them. Customer acknowledges and agrees that the media will be scheduled for destruction within 20 working days unless previously discussed and agreed by Technetics Data Recovery.
Any consent required of either party will be effective if provided in a commercially reasonably manner, which includes without limitation, verbal authorisation if followed by written confirmation by Technetics Data Recovery at the earliest possible opportunity, and/or facsimile.
Acknowledgment of Existing Conditions
Customer acknowledges and agrees that the equipment/data/media may be damaged prior to Technetics Data Recovery receipt, and that the efforts of Technetics Data Recovery to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. Technetics Data Recovery will not be liable for additional damage that may occur to the Customer’s equipment/data/media during Technetics Data Recovery efforts to complete the Engagement. Customer acknowledges and agrees that the provision of the services by Technetics Data Recovery may not result in the complete recovery of the data.
No Warranties; Implied Terms
We shall not be held liable to the Customer with regard to any loss, cost, expense or damage (including consequential loss or damage, loss of profits or economic loss) which may be suffered or incurred directly or indirectly in respect of any services supplied under this agreement and any condition or warranty which would otherwise be implied in this agreement is hereby excluded.
Upon collection/shipment of the data from Technetics Data Recovery’ premises, the customer acknowledges that they can not claim a refund/credit of any amount due to the quality of the data supplied to the customer by Technetics Data Recovery. Prior to the collection/shipment of the data we shall attempt to test automatically and/or manually the most critical data as specified by the customer but can not guarantee that 100% of the supplied data is healthy due to the complexity of the process/es involved and the software in which the required data may have been written/created in.
Limitation of Liability; Limitation of Damages
The liability of Technetics Data Recovery for any breach of this Agreement or implied condition or warranty will be limited to, at Technetics Data Recovery option, supplying the services again or refunding the amounts paid by the Customer for the services.
Customer’s Representation and Indemnification
Customer warrants to Technetics Data Recovery that it is the owner of, and/or has the right to be in possession of all equipment/data/media provided to Technetics Data Recovery and that Customer has obtained all necessary consents required under the Privacy Act 1988 (Cth) in relation to the disclosure of personal information by the Customer to Technetics Data Recovery and to the use of that personal information by Technetics Data Recovery, and that Customer’s collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection and privacy laws to which Customer is subject. The Customer indemnifies Technetics Data Recovery from any expense (including reasonable legal fees), damage or liability arising out of any claim, demand or suit resulting from a breach of the Customer’s warranties.
This agreement will be construed in accordance with and will be governed by the laws in force in the State of Victoria. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria and any courts of appeal from these courts provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void and severed herefrom, and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control. This Agreement, together with any exhibits or other attachments provided by Technetics Data Recovery, constitutes the entire Agreement between the parties in relation to this subject matter and supersedes all other terms including any Customer purchase order terms.