Data recovery terms and conditions
The following terms and conditions (“Terms”) govern your ordering, purchase, or receipt of data recovery services (“Services”) provided by Trionyx, Inc (“Trionyx”).
By signing this Data Recovery Contract, the client expressly agrees to the payment of the fees indicated herein, more specifically fees relating to the recovery of data and or charges relating to attempt fee for formatted drives and deleted drives. In case client opts to reject data recovered despite successful recovery by Trionyx, client expressly agrees to pay the rejection fees indicated in this agreement.
We will apply our existing technology and standard processes and use reasonable efforts to recover your data.
Successful Recovery Effort: In case Trionyx successfully recovers the data, Trionyx shall notify the client through the contact information provided in the Data Recovery Contract. Client expressly agrees that Trionyx shall have the right to retain possession of the data and storage media until such time as the fees indicated in the Data Recovery Contract have been settled.
Return of Original Media: Regardless of the outcome of the recovery work, if you want your original data storage device returned, you will be charged a reasonable fee for shipping and handling.
Disposal of Abandoned Device, Media or Data after 30 Days: Any device, media, or data left with us without full payment after 30 days from the date of our service report will be disposed of in our discretion; and you release Trionyx from any obligation of confidentiality related to the device, media, and data, provided that, disposal of the data pursuant to the terms of this paragraph shall not release the client from paying the rejection fee indicated in the price list.
Service Limitations: We cannot and do not promise any particular results. We will provide reasonable efforts and the application of our existing technology and standard processes. We do not 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.
Communications: All communications relating to your request, including cost estimates and invoices, will be sent via e-mail to the address you provide to us unless you request, in writing, to receive such communications via regular mail.
Legal Rights: You represent to Trionyx that you are of legal age in the Philippines. 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 using the Services; (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.
Confidentiality: 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. Notwithstanding the foregoing, photographic child pornography and such other acts defined in R.A. 7610 is not considered INFORMATION subject to this Confidentiality Agreement. The presence of data contemplated in R.A. 7610 on the data storage device you send to TRIONYX voids this Agreement and the data storage device may be surrendered to the appropriate government agency.
Furthermore, Trionyx hereby warrants and guarantees its compliance with the Data Privacy Act of the Philippines.
Disclaimer of Warranties, Representations and Guarantees: 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 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.
Limitation of Liability: 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 Trionyx caused damages to you intentionally.
Liability Cap: 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 Services. The essential purpose of this limitation is to limit our liability for performing the 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.
Exclusive 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.
Evaluation Form: You must provide true, accurate and complete information about yourself as prompted by the evaluation form, including, without limitation, your name, address, e-mail address, and telephone number, 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.
Terms of Payment: Payment shall be made by cash or check.
Sale and Other Taxes: 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.
Dispute Resolution: The parties will attempt to resolve any dispute related to the Services through negotiation. To the extent permitted by applicable law, if the parties are unable to resolve the dispute through negotiation, then the dispute will be submitted to final and binding arbitration under the Laws of the Philippines.
Each party will bear their own costs in arbitration.