Data Recovery Services Terms and Conditions

By ordering, receiving or using i365’s data recovery services, you agree to these terms and conditions:

If you are in need of data recovery services, you can either send us, i365 Inc., with offices at 3101 Jay Street, Suite 110, Santa Clara, California 95054 (“i365” or “we”), your device or media for us to evaluate or use our free cost estimator online or by calling us. Here is how our service works:

Submit Your Device for Evaluation

• Evaluation Fee and Effort:  Upon payment of a non-refundable evaluation fee (if applicable), you may submit your data storage device or media to us, and we will use reasonable efforts to determine whether any data on your data storage device or media is recoverable using our existing technology and processes (which has limitations - not all lost data can be recovered).
• Evaluation Report and Authorization of Recovery: We will inform you of our assessment and a cost estimate for the actual recovery work. If you authorize us to perform the data recovery, we will apply our existing technology and standard processes and use reasonable efforts to recover your data.

Online/Telephone Cost Estimates

• UPFRONT Pricing: By answering a few questions about your data storage device or media using Solution Wizard, our online quotation tool, or Disc-Check, our disc check software, or by calling us, we will provide you with a cost estimate for the actual recovery work, free of charge.

Authorization of Recovery: If you accept the cost estimate, submit your data storage device or media to us along with your credit card information (or other payment method approved by us), and we will apply our existing technology and standard processes and use reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted and authorize us to charge your credit card for such amount if we are able to successfully recover the data as promised.

Successful Recovery Effort: If we are able to successfully recover data, we will notify you and charge you. We will not release your data to you until you have paid for our data recovery services and costs (including, without limitation, applicable service fees, material costs, new media costs, shipping costs, customs duties, and taxes).

Unsuccessful Recovery Effort: If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed fee.

Disposal of Abandoned Device, Media or Data after 90 Days: Any device, media, or data left with us without full payment after 90 days will be disposed of in our discretion; and you release us from any obligation of confidentiality related to the device, media, and data.

Note that we cannot promise any particular results. We are only committing to reasonable efforts and the application of our existing technology and standard processes. We cannot guarantee that any data will be recovered. Also, our attempt to recover the data may result in damage to the device, media, or data, and may even render any data unrecoverable. To the extent possible, you should attempt to back up any available data before submitting it to us.

You are authorizing i365 and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us.

All communications relating to your request, including cost estimates and invoices, will be available on our web site in your secure account and sent via e-mail to the address you provide to us unless you request, in writing, to receive such communications via regular mail.

You represent to i365 that you are of the legal age of majority in your state or country of residence. You warrant that you are the legal owner or the authorized representative of the legal owner of the device, media, and data. You warrant that that the data on your device is legal and that you have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered; (c) to receive the recovered data; and (d) to agree to these terms. You will defend and indemnify us (including our directors, officers, employees, and contractors) from any claims or actions relating to the device, media, or data, or your rights or lack of rights thereto.

We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care as we use to protect our own confidential information.

We perform this service as is, with all faults, at your sole risk. We do not extend any express warranties, representations, conditions or guarantees regarding our data recovery services or their results, and to the maximum extent permitted by applicable law and subject to any statutory warranties that cannot be excluded, we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness.

We will not be liable for any harm caused, unless you prove that we caused damages intentionally. Without limiting the generality of the foregoing, we will not be liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any indirect, special, incidental, or consequential damages however caused. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless on the legal theory on which they are asserted (including, without limitation, contract, breach of contract, and tort), and regardless of whether we have been advised of the possibility of loss or damages - unless you prove that i365 caused damages to you intentionally.

To the maximum extent permitted by applicable law, the amount of our liability will not exceed the total price you actually pay us for the data recovery services. The essential purpose of this limitation is to limit our liability for performing the data recovery services; this allocation of risk is reflected in our prices. This paragraph will apply notwithstanding any other provisions in this agreement, or the failure of any remedy.

Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by you. You acknowledge that the price of our services would be much greater if we undertook more extensive liability.

By using this site, you are subject to and agree to be bound by the privacy policy and other terms and conditions of this site. Following your first submission, we will establish an account for you. You will be sent a user name and password via e-mail. You agree that you will take reasonable precautions to protect your account against unauthorized use and that you will be fully responsible for any activity on your account, whether authorized or unauthorized. We may terminate or suspend your access to or use of our site, without notice, for any conduct that we believe is disruptive or in violation of any applicable law or our terms and conditions.

You must provide true, accurate and complete information about yourself as prompted by the request form, including, without limitation, your name, address, e-mail address, telephone number and credit/debit card information, as applicable (collectively, "Personal Data"). You must maintain and promptly update your Personal Data. You acknowledge that we may send you important information and notices regarding your requests by e-mail and that we shall have no liability associated with or arising from you failure to maintain accurate Personal Data.

Payment shall be made by credit/debit card or some other pre-arranged method of payment acceptable to us. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and we shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason.

We will withhold all taxes where we are required to do so by law. You will be responsible for all other applicable taxes not collected by us.

The transactions contemplated hereby may be subject to the customs and export control laws and regulations of your country of residence and the countries where our data recovery facilities are located. You agree to comply with all customs and export laws and all other applicable laws, statues, ordinances and regulations relating to use of this site and the data recovery services we offer. You acknowledge that violations of these terms and conditions or the terms and conditions of this site could be subject to criminal or civil penalties. You may not assign your rights or obligations under these terms and conditions without i365's express written consent.

The parties will attempt to resolve any dispute related to the data recovery services through good faith negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final and binding arbitration with the Judicial Arbitration and Mediation Services ("JAMS"). Each party will bear their own costs in arbitration. Both parties waive their rights to a jury trial. All proceedings will take place in Santa Clara County, California, USA. The laws of the State of California will exclusively govern our provision of the data recovery services, without regard to California's conflicts of laws rules. You consent to the exclusive jurisdiction of the courts located in Santa Clara County, California, USA.

If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

These terms and conditions describe certain legal rights. You may have other rights under applicable law. These terms and conditions do not change your rights under applicable law if such laws do not permit these terms and conditions to do so.

Revised 9-23-2008

Approved By:______________________________ Date:_______________________


Signature: X___________________________________________________