1. Through submission of hardware to the lab, the client agrees with these terms and authorises Datalab, its employees, and agents to receive and transport this media/equipment/data to, from, and between their legally registered facilities.
2. Legal Rights
i. The client warrants that they are the legal owner, representative or otherwise and has legitimate rights to property and all data contained therein sent to Datalab.
ii. Any property unclaimed for 90 days will be disposed of unless prior arrangements made. This clause includes but it not restricted to any instance where Datalab makes contact through appropriate channels without reply.
iii. Faulty hard drives will become the property of Datalab unless a specific request for return is made by the client in which case the client will be liable for a charge of up to $30 plus GST for freight and handling. Where physical repairs have been made to a drive that include parts from within Datalab's own parts library and the client requires return of the original media, additional costs may be added to reverse or separate those parts belonging to our labs.
3. Limited Liability
i. Datalab shall not be liable 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.
ii. Datalab shall not be liable for any direct or indirect damages, including loss of data or loss of revenue, incidental or consequential, before, during or after service.
i. Datalab, its officers, employees, and agents agree to absolute non-disclosure of any and all information or data files supplied with, stored on, or recovered from client equipment.
i. Once Datalab receives verbal or written authority to proceed a recovery, an invoice will be issued to the client for the work to follow. The issuing of this invoice is acknowledged by the client and Datalab as a contractual agreement to complete the work outlined in this invoice and the client is then bound by the terms of the invoice.
ii. Payment may be made by credit card or internet banking. We accept Visa, AMEX and MasterCard.
iii. Debt collection fees will become the responsibility of the client if the account is not paid in full by due date.
iv. Payment in full is required before return of any recovered data or hardware unless by special previous arrangement.
6. Media Warranty
i. Datalab gives warranty only on the recovered data copied to any return media found to be “dead on arrival” within 10 working days. Any hardware supplied by the client for data return is not covered by any form of warranty or guarantee. Any additional warranty claims must be presented to the original manufacturer.
ii. Datalab will retain a copy of all recovered data for 14 days from date of shipment to ensure against “dead on arrival” instances.
i. All shipping charges are the responsibility of the client regardless of whether the data is recovered or not.
8. Data Retention
i. Datalab will retain a copy of any/all recovered data for a period of 14 days unless specified by the client. Data will be securely destroyed after 14 days has elapsed.
ii. An additional copy of retained data may be requested by the client for a fee. Datalab will always ask for suitable identification before supplying copies of retained data.
iii. Longer-term storage of retained data may be arranged for a nominal fee.
i. The client acknowledges they have been given a cost range for their recovery exercise and this has been cleared with any and all parties involved before hardware is sent to Datalab for assessment.
ii. The cost covers only the recovery exercise.
iii. Oversized items may incur additional charges regarding freight
iiii. Spare parts required outside Datalabs extensive drive library may add to both cost and timeframe but will always be quoted first if required.
9. Legal Obligations
i. Nothing in this agreement shall override the laws and statutes of New Zealand.
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