Service Agreement

Engagement: Customer engages Secure Data Technology, Inc. and/or its suppliers, to use best efforts to: identify the problem (if not already identified): and/or correct the problem: and/or retrieve, or minimize the damage to the equipment or the data, all subject to the terms and conditions hereof. In the event Secure Data Technology, Inc.'s estimated charges are not sufficient to accomplish the Engagement: no additional charges will be incurred without Customer written authorization.
Right to Possesion: The device you are submitting for data recovery belongs to you, or you have been employed to provide service for the device, and you are in legal possesion of the device.
Payment: You agree to pay all sums based upon our posted price at the time of order placement, plus shipping and insurance (both ways). You acknowledge that Secure Data Technology, Inc. requires payments to be secured prior to shipment.
Equipment Damage: You acknowledge that the equipment and/or data is now damaged, and that the efforts to recover the data may result in the destruction of or further damage to the equipment and/or the data.
Confidentiality: You agree that Secure Data Technology, Inc. may use any information or data supplied with or stored in the equipment (the "Customer Information") for the purpose of fulfilling the Engagement, and will otherwise hold the Customer Information in the strictest confidence. However, subject to whatever patent rights may exist at the time, the foregoing confidentiality obligations shall not apply to any information: (a) which at the time of disclosure is published or is otherwise in the public domain; (b) which after disclosure becomes part of the public domain otherwise than through a breach of confidence or confidentiality; (c) which was known to Secure Data Technology, Inc. prior to receipt from the Customer, provided that such prior knowledge can be adequately substantiated by documentary evidence antedating the disclosure by the Customer; (d) when is disclosed to Secure Data Technology, Inc. by a third party (other than employees or agents of either party) which in making said information available to Secure Data Technology, Inc. is not in violation of any obligation of confidentiality to the disclosing party; or (e) independently developed by Secure Data Technology, Inc..
Disclaimer of all Warranties: Secure Data Technology, Inc. makes and customer receives no warrantees or conditions for any good or service, express, implied, statutory or in any communication with customer, and Secure Data Technology, Inc. specifically disclaims any implied warranty merchantability or fitness for a particular purpose, and arising from usage of trade or course of dealing or performance.
Limitation of Liability: In no event will Secure Data Technology, Inc. be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including without limitation damages for loss of data, loss of business profits, business interruption, or other pecuniary loss, or incidental, consequential or indirect damages arising from the engagement. Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. In no event will Secure Data Technology, Inc. be liable for any damages based upon any claim of liability from the customer or from any third party, directly or indirectly, that the equipment or any data was damaged, altered or rendered unusable; and customer will defend, at its expense, indemnify and hold Secure Data Technology, Inc. and or its suppliers harmless against any damages or expenses that may occur. The total liability of Secure Data Technology, Inc. or its suppliers to Customer under this Agreement shall in no event exceed the total sums paid by Customer to Secure Data Technology, Inc. under this Agreement.
Uncontrollable Circumstances: Either party’s performance of any part of this Agreement shall be excused to the extent that such performance is hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war, or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party. Upon the occurrence of any such events(s) the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of such event(s) may be promptly made.