The Service Agreement
Customer agrees that Stellar Phoenix Solutions (“Stellar”) and/or its suppliers may inspect, analyze, identify the problem, and/or recover or minimize the damage to, the equipment/data/media and/or provide other services as may be requested by the customer. Upon payment of Diagnosis fee, you may submit your data storage device or media to us and we will engage reasonable efforts and appropriate tools and techniques to analyze your storage device or media for possibility of data recovery and would provide you with a report/quotation for the actual recovery work. On receiving confirmation by e-mail or facsimile from you we would proceed with the data recovery process and on completion would send you the detailed directory list in text file to your e-mail address registered with us in job service request form (JSR) or alternatively your authorised representative may visit Stellar and can have a look on the data. On receipt of the agreed Data recovery fee, we would dispatch the data in appropriate media along with your crashed storage media/disk.
Unclaimed Device & Media
Any device, media and/or data unclaimed or left with us without full payment after 30 days of us submitting the invoice will be disposed at our discretion and would release us from any obligation of confidentiality related to the device, media and/or data.
Acknowledging Existing Conditions
Customer acknowledges that the device and/or media being given to Stellar may be damaged prior to our receipt. In spite of processing your storage media with best of available technology and processes, the efforts may result in the destruction of or further damage to the device, media and/or data. Stellar regrets that it will not assume any responsibility for further damage that may occur to the customer’s device, media and/or data. Please note that Stellar is only committing to reasonable efforts with our existing technology and techniques however we cannot promise or guarantee particular results.
Stellar will use any information contained in the device and/or media only for the purpose of data recovery and will otherwise keep such information disclosed by the customer under this agreement in the strict confidence. Stellar will ensure reasonable measures to prevent unauthorized disclosure of your data of the same degree as ensures by Stellar in protecting its own confidential information. Stellar will not disclose this information to any person(s) except to the authorized representative of the customer or as required by law. Stellar being a global organization and customer hereby agrees to the transfer of information to its other locations for the sole purpose of fulfilling the agreement.
No Warranties; Disclaimer of all warranties
Stellar performs this service, with all faults, at your sole risk. We do not extend any express, implied, statutory warranty or condition for any good or service and specifically disclaims all implied warranties including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose or warranty of accuracy arising from the usage of trade or course of dealing or performance.
Limitation of Liability and Damages
In no circumstances Stellar will be liable for any indirect damages whatsoever. The total liability of Stellar to the customer under this service agreement shall in no circumstance exceed the total fee paid by customer to Stellar for the said service agreement.
Customer’s Representation and Indemnification
Customer certifies to Stellar that it is the legal owner of, and/or has the right to be in possession of, the device, media and/or data furnished to Stellar for data recovery and its collection, processing and transfer of such device, media and/or data is in compliance with data protection laws. Customer will defend at its own expense, indemnify and hold Stellar harmless against any damages or expenses that may occur including attorney’s fees and pay any cost, damages or attorney’s fees declared against Stellar resulting from customer’s breach of this section.
Terms of Payment
Customer hereby agrees to pay all sums as agreed with in 1 week of Stellar submitting the Final Invoice, which will typically include fees for availing Stellar services and actual expenses if any for parts, media etc. All such sums are payable in advance or at the time of data delivery as mentioned in the Invoice via bank wire transfer or credit card or check unless otherwise agreed to in advance by Stellar.
Compliance with Laws
The party’s agree that this agreement shall be governed by laws and regulations of the state of New Jersey in United States of America where our data recovery facility is located. You agree to comply with all applicable laws, statues, ordinances and regulations of state of New Jersey. This agreement, together with any exhibits or other attachments, constitutes the entire agreement between the parties in relation to this subject matter. No provisions in either party’s work order or in any standard business form by either party will apply even if accepted by the other party.
If any clause of this agreement is held invalid, illegal or unenforceable, such provisions shall be enforced to the fullest extent permitted by applicable law and the validity, legal status and enforceability of the remaining clauses shall not be affected thereby.