This is an agreement between a computer data recovery company and a consumer for
the recovery of data on the consumer's computer. This document contains the material
terms and conditions of the agreement including the hourly rate to be paid, fees
associated with the data recovery process and a limitation of liability. It includes
standard provisions that are commonly found in these types of agreements and offers
opportunities for customization to address the specific needs of the contracting parties.
This agreement should be used by a data recovery company or specialist when
providing services to a customer.
DATA RECOVERY AGREEMENT
THIS DATA RECOVERY AGREEMENT (the “Agreement”), made as of ___________
[Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of
Company], ___________ [Instruction: Insert Address] (the “Company”) and
___________ [Instruction: Insert Name of Client], ___________ [Instruction: Insert
Address] (the “Client”).
WHEREAS, Client is the owner of certain computer data (the “Data”), which as a result
of some error or failure with Client’s computer, hard drive, or media source (the
“Computer”), is damaged and/or inaccessible by Client;
WHEREAS, Client desires to engage Company to provide certain data recovery services
in connection with the Data and the Computer; and
WHEREAS, Company desires to accept such engagement and provide said services;
NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:
1. Engagement. Client hereby engages Company to provide data recovery services in
connection with the Data and the Computer. Company shall use Company’s best efforts
to recover all or part of the Data. However, Company advises Client that certain types of
destruction to Data are not recoverable and in certain instances there are no known
techniques to recover part or all of the Data despite Company’s best effects. As such,
there can be no assurances made of success.
2. Client’s Representations and Warranties. Client represents and warrants that:
A. Client is the rightful owner of the Data, and/or is entitled to use of the Data;
B. The Data is not and has not been used in any unlawful activity or in the violation
of the rights of third parties;
C. The Computer and/or Data is now damaged, and that the efforts of Company
and/or its suppliers to analyze the damage, prepare the estimate, and complete the data
recovery services may result in the destruction of or further damage to the Computer
and/or Data. Company, for itself and its suppliers, regrets that due to the damaged
condition of the Client’s Computer and/or Data, and the nature of the data recovery
business, it will not assume responsibility for additional damage that may occur to the
Client’s Computer and/or Data during Company’s data recovery service;
D. Client shall fully cooperate with Company, as may be requested from time to
time, in Company’s attempts to recover the Data, including providing software and/or
manuals in possession of the Client;
E. Client shall provide, upon request of Company, such documents and other written
assurances or information requested by Company;
3. Estimates. Estimates are based on Company’s experience, in an effort to present a
reasonable range of time that will be invested in recovering the Data. Unless delineated
by the estimate, shipping and other costs are not included, and such estimates are not a
final guarantee of price for performance of Company’s services. Final cost will vary
depending on what services are performed in the recovery process.
4. Fee. Client agrees to pay Company the following amounts for Company’s data
recovery service. All such sums are due and payable upon completion of work and
Client’s receipt of an itemized invoice from Company. Client may pay by check, COD,
bank money order, purchase orders on approved credit, or credit card.
A. Company shall be paid at an hourly rate of ___________ Dollars ($___)
[Instruction: Insert Amount] per hour.
B. Company shall be paid the quoted costs of any: parts, software, or other items as
deemed necessary by Company for the performance of the data recovery services,
provided such quotes are approved in writing by Client prior to installation.
5. Limitation of Liability. In no event will Company, or its suppliers, be liable for any
damages whatsoever, whether based on contract, tort, warranty or other legal or equitable
ground, including without limitation, damages for loss of Data and/or the Computer, loss
of business profits, business interruption, or other pecuniary loss, or incidental,
consequential or indirect damages arising Company’s performance of this Agreement.
This limitation will apply even if Company, or an authorized dealer, agent, supplier, or
representative, has been advised of the possibility of such damage. The Customer
acknowledges that the estimated and actual fees and charges reflect this limitation of
liability and allocation of risk.
6. Confidentiality. Company will protect the confidentiality of Client’s Data from
unauthorized disclosure using the same degree of care used to protect Company’s own
confidential information. Company and its officers and employees agree not to disclose
any data to any third party unless subject to valid subpoena or other writ from legal
authorities.
7. Miscellaneous.
A. In the event that any provision or part of this Agreement shall be deemed void or
invalid by a cou