Conditions and Terms

Last change: 2008-09-26
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This text defines the conditions and terms aplying to the data recovery service (Service) offered by BINART s.r.o. (Company) to their clients (Customer). The object of the Service is performing operations on Customer's data storage media (Media) needed to gain access to the Customer's data that would otherwise not be accessible. By sending the Media to the Company's address, the Customer implicitely agrees with these Conditions and Terms.

The Customer has read and agrees with the Conditions and Terms and Price List published on the Company's web site. The Customer further states that the Media and the data stored therein are an ownership of the Customer or the Customer has legal rights to access the data stored on the Media. The Company reserves the right to reject the Service in case of doubt.

The start of the Service is definded as the day the Media arrives at the Company's site. Unless agreed differently, the duration of the Service for the purpose of this paragraph defaults to thirty days. If the Customer cancels the Service during this period, the Company is entitled to charge the Customer a Service Fee as a compensation for the work already done to the Media. After this period is exhausted, the Customer may cancel the Service at any time without obligation.

Before starting the Service, the Company examines the received Media. If the Media shows clear signs of mechanical or electrical tampering with the insides, the Customer will be notified and can choose to cancel the Service without obligation. If the Customer chosses to continue with the Service, the Customer agrees to be charged a Service Fee in case of negative result of the Service, i.e. even if no data will be returned. The Company reserves the right to reject any such Media.

Many failures require operations on the insides of the Media, which may void the Media's warranty. The Customer agrees with any actions that the Company deems neccessary in order to succeed in recovering the Customer's data. Should the Customer not agree with those operations, the Customer may explicitely state such in the recovery order form, or by other means. However, as this may prevent the Company from reaching a successful end of the Service, the Customer may be charged a Service Fee even if no data will actually be returned.

During or after the recovery process, the Company creates a list of files found on the Customer's Media. Files that are known missing or damaged will be clearly marked as such or listed separately.
It is a responsibility of the Customer to check the contents of the lists and inform the Company of any missing important files before the recovered data is sent to the Customer. After the data was sent, the Service is considered to be over and the appropriate price will be charged to the Customer. Any further claims for missing files may be solved at the Company's discretion, however this has no effect on the already issued charges.

Data recovery is difficult and challenging task. Even under maximum care a prevention of futher damages cannot be guaranteed. Some failures may completely eliminate the chance for successful recovery.
The Company therefore shall not be made liable for any losses, direct or consequential, including but not limiting to loss of profit, caused to the Customer by the Company by not delivering the data, data loss or damages to the Media, irrespective of if it happened prior, or in connection with the Service. In no case shall any potential claims issued by the Customer to the Company exceed in value the value of the Media itself.

The Conditions and Terms may change at any time without notice. If in dispute, the version valid on the day the Media was sent to the Company's address shall apply. In case of discrepancy with any other text on Company's web site, the meaning of the Conditions and Terms shall prevail.