Article 1. Definitions.
For the purposes of this Agreement, the terms below have the following meanings:
DATA – data and information, files, computer programs etc, stored in digital format on the data carrier provided by the Beneficiary, which, for technical reasons cannot be accessed by the Beneficiary and whose recovery is requested under this Agreement;
DATA CARRIER – physical device (hard drive, SSD, USB stick, etc.) on which data is stored.
Article 2. Subject of Agreement.
(1) The Performer (QUARTZ Data Recovery) obliges itself to take all efforts to recover the data that are on the data carrier submitten by the Beneficiary and to make available to the Beneficiary the data recovered. The Beneficiary shall undertake to pay the price of the services rendered, in accordance with the terms of this Agreement.
(2) The identification details of the data support will be specified in an annex to the contract for the data recovery services.
Article 3. Declarations and Guarantees of the Performer.
The Performer declares and warrants the Beneficiary that shall use all technical means available, with the attention and skills of the good professional, for diagnostic purposes of the data carrier and data recovery from the data carrier submitten by the Beneficiary. However, for objective reasons (independent of the efforts, technical means or professionalism of the Performer and related to the nature and/or extent of faults of the data carrier), the success (fully or partially) of the data recovery activities and integrity of the data and/or of the data carrier cannot be guaranteed.
Article 4. Declarations and Guarantees of the Beneficiary.
(1) The Beneficiary declares that he has the legal right to possess the data carrier, to possess and know the data and that there are no impediments of legal nature that shall prevent the Beneficiary to conclude this Agreement, to exercise its rights or to perform its obligations under this Agreement.
(2) The Beneficiary declares that he has been informed by the Performer about the inherent risk, objective, the partial or total destruction of the data and/or of the data carrier as a result of the technical interventions /operations necessary for the data recovery, regardless of whether the data were actually recovered or not. The Beneficiary shall accept and assume this risk and declares that he shall not hold liable the Performer in such cases.
(3) In addition, the Beneficiary agrees that the technical operations necessary for the data recovery can lead to loss of the warranty provided by the manufacturer/trader, accepts this possibility and declares that he shall not hold liable the Performer.
Article 5. Diagnose and Information.
(1) The Beneficiary shall undertake to inform the Performer as complete as possible regarding to all relevant technical aspects, such as:
- a) Circumstances of the data carrier failure, abnormal behavior prior to failure;
- b) The number of partitions and their type (the file system);
- c) Priority folders and/or files;
- d) If the data recovery has been tried before and the actions undertaken in this direction;
- e) Any other information deemed relevant on the data carier.
(2) The duration of the data carrier diagnose is, as a general rule, a maxim of 24 hours.
(3) After diagnose, the Performer shall inform the Beneficiary (by phone/email) with regard to the nature and extent of the data carrier damages and shall assess the chances of a successful data recovery operation. This information shall include the price of data recovery operations and their estimated duration. The price depends on the flaw of the data carrier and it does not depend on the amount of requested data.
(4) The information referred to in the preceding paragraph is intended solely for the formation of a summary opinion of the Beneficiary and does not represent an extrajudicial expertise. The object of this Agreement shall exclude the formulation of technical opinions/expertise intended to be used as instruments of evidence in the case of disputes, court proceedings, administrative proceedings etc and the Performer does not undertake in any way to issue any report/written statement regarding the circumstances of data loss or the actions undertaken for the recovery.
Article 6. Evaluation and Diagnostic Fee.
(1) The diagnosis and evaluation of the data recovery possibilities and the related costs are offered to the Beneficiary FREE OF CHARGE.
(2) If the Beneficiary does not agree with the conditions offered for data recovery (price, duration, estimated percentage), he may raise the defective data support without having any financial obligation to Performer, except for the eventual fee emergency diagnosis.
Article 7. Recovery of data.
(1) In the event which the Beneficiary agrees on the price terms and the estimated duration, shall inform the Performer, in writing, with respect to this issue, by signing an offer for data recovery. The price written in the offer is firm and irrevocable.
(2) The average length of time of data recovery is 3 (tree) days – under emergency regime or 7 (seven) days – under normal regime.
(3) In the case of partially successful data recoveries, the Performer shall be entitled (but not under the obligation) to provide the Beneficiary with a discount, calculated on the price approved by the Beneficiary upon the signing of the offer.
(4) After payment of the price, the Performer shall place at the disposal of the Beneficiary the recovered data, the parties agreeing in advance the method of delivery.
(5) At the time of receipt of data, the Beneficiary shall check for their existence and integrity. Following verification of the data, shall be concluded a protocol for completion of the recovery process.
(6) The protocol for completion marks the completion of the data recovery procedure. The parties agree that any claim/objection following such date is no longer possible and shall not be taken into consideration.
Article 8. Terms of payment.
(1) The prices listed in the price list of the Performer are absolutely informative. The price offer addressed to the Beneficiary shall be determined by the Performer on a case-by-case basis. The price of the agreed services is the one that had been negotiated in writing by both parties, recorded in the offer for data recovery.
(2) Full payment of the services shall be carried out not later than once with the handing over by the Beneficiary of the recovered data.
(3) In the case where the parties have agreed a further payment term, non-payment of the invoices at maturity incurs a penality of 1% for each day of delay, calculated on the outstanding amounts.
Article 9. Storage of abandoned data carriers.
(1) In the case where the Beneficiary does not communicate any decision on the data carrier and/or the recovered data, the Performer may store the data carrier for a maximum period of 3 months from the date of receipt from the Beneficiary. After this date, the recovered data and/or data carrier unclaimed by the Beneficiary shall be considered abandoned, shall be physically destroyed and recycled. By signing this Agreement, the Beneficiary expressly declares that he agrees with this clause and that he shall have no claim against the Performer, while guaranteeing him against any legal proceedings, claims, requests for refunds or compensations.
(2) By way of an exception from the provisions of the paragraph above, the parties may however agree, in writing, to extend the duration of the maximum storage, the level of the storage fee or other aspects relating to the storage of the data carrier.
Article 10. Confidentiality.
The Performer undertakes to maintain the confidentiality of the Beneficiary’s data, in accordance with the law, stating and guaranteeing the Beneficiary that the recovered data shall not be disclosed in any form whatsoever to third parties, shall not be accessed by the Performer (except possibly for the purposes of checking, at random, the integrity of the files). To avoid instances of data loss due to a failure of the data carrier on which the data are delivered to the Beneficiary, intermediate working copies shall be kept at his disposal for a period of 7 days, after which they shall be destroyed. Also, The Performer declares and guarantees the Beneficiary that he shall not use and shall not attempt to use the data for his own benefit or for the benefit or others.