SERVICE AND CONFIDENTIALITY AGREEMENT
FIRST. - The following Terms and Conditions, together with any other conditions that may be established, govern the legal relationship derived from the procurement process formalised by THE CLIENT through ONDATA’s website. THE CLIENT fully accepts this terms and conditions in the version published by ONDATA at the time THE CLIENT hired the services and/or bought the products THE CLIENT was interested in. Therefore, THE CLIENT agrees to read carefully this terms and conditions of contract before engaging in a new procurement process as the terms might have been modified since the last time THE CLIENT had read them.
The client declares that the device belongs to the client or, failling that, that the client has the authorization needed to proceed with the requested work.
These conditions do not exclude the possibility that some products and/or services available on the website may be provided under different terms and conditions, in which case, they will be made available to THE CLIENT.
SECOND. – By accepting the following conditions THE CLIENT declares that:
a. THE CLIENT is a person with legal capacity to enter into a contract.
b. THE CLIENT has read and accepted these terms and conditions.
c. THE CLIENT will have access always and in every case to the conditions of contract prior to hiring the services. This conditions will always be available in a durable medium.
THIRD. - The diagnosis will be carried out by ONDATA gratuitously, except for RAID Systems and disks that have been opened and the label detached. In the case of previously opened disks, a fixed price of EIGHTY FIVE POUNDS (85 pounds), plus 20% VAT, will be charged for that service. As for RAID Systems, the price of the diagnosis will depend on the type of system and the number of disks. This amount should be paid when the hardware is sent to be analysed, either in cash, by personal cheque or by evidencing that a bank transfer or deposit has been made for the agreed amount in the current account that ONDATA will provide THE CLIENT with to that end. ONDATA is under no obligation to carry out the work requested until such amount has been paid, and THE CLIENT is not entitled to a refund of the sum paid if the outcome of the diagnosis is negative.
The external case of some external hard disks, due to its design, can not be opened without being altered. In this case, the case will not be able to be mounted again after the diagnosis/recovery phase. THE CLIENT will still receive all the pieces that made up the storage device.
FOURTH. - When the diagnosis is made, ONDATA will inform THE CLIENT of the breakdown that the hardware has suffered, and provide an estimate of the time required to recover the data and the cost of the work to be carried out. THE CLIENT must approve such estimate in writing prior to the data recovery work commencing. If the data specified in the diagnosis cannot eventually be recovered, ONDATA will not invoice THE CLIENT for any amount in respect of the recovery work undertaken.
FIFTH. - THE CLIENT hereby expressly authorises ONDATA to carry out on the hardware submitted any operations required to be able to make the diagnosis and recover the data requested, and THE CLIENT is hereby warned that there is a possibility that all or some of the data, which can at present be accessed, may be lost as a result of the manipulation required to carry out the commissioned task successfully. ONDATA does not accept any responsibility for such loss and will not be obliged to pay compensation as a result thereof, and hereby advises THE CLIENT that it would be appropriate to save such data elsewhere to overcome such eventuality.
SIXTH. - THE CLIENT hereby authorises ONDATA, if it deems necessary for the data recovery, and to make the diagnosis, to send the hardware supplied to ONDATA’s own premises or to third party premises that are based outside the place where THE CLIENT delivered the hardware. In order to dispatch such hardware ONDATA will engage the services of a transport company. THE CLIENT hereby accepts that any claim for liability should be filed against the transport company, and that ONDATA is exonerated from all liability in that case.
If THE CLIENT wishes to insure the value of the information contained in the hardware, or prefers to use a transport company that it knows and trusts, it should inform ONDATA thereof when submitting the hardware. Failing that, it is deemed that THE CLIENT accepts the terms and conditions referred to in the above paragraph.
SEVENTH. - Once the hardware and the recovered data is returned, THE CLIENT is advised, as a security measure, to make a backup copy of the recovered data. THE CLIENT will have up to seven calendar days to check the recovered data. If THE CLIENT makes no claims during that period, it is implied that the service performed has been accepted and the job completed, no further claims will be accepted after that.
EIGHTH.- As a security measure ONDATA will keep the recovered data for a period of FIFTEEN (15) days since the diagnosis has been sent to THE CLIENT. After that, ONDATA will erase the data from its servers and destroy the storage device. THE CLIENT will not be entitled to claim the storage device after this period of time.
NINTH. - THE CLIENT acknowledges that ONDATA and/or its Suppliers’ liability will not exceed, under any circumstance, the amount of THREE THOUSAND AND THREE HUNDRED AND FIFTY POUNDS (£3,350). Also, THE CLIENT declares that the commercial and/or personal value of the data contained in the storage device does not exceed TWO THOUSAND AND FIVE HUNDRED POUNDS (£2,500).
TENTH. - Pursuant to the provisions of data privacy laws, ONDATA hereby undertakes, expressly and formally, to keep strictly confidential the information that it discovers when carrying out the operations required to recover the data from the hardware supplied, and not to use such information for any purposes other than for the object of this contract.
ONDATA has adopted the technical and organisation means required in order to guarantee the security of the personal data and to avoid such data from being altered, lost, processed or accessed without authorisation, taking into account the state of the technology, the nature of the data stored and the risks to which such data are exposed, irrespective of whether such risks arise from human action or physical or natural events.
ELEVENTH. - The parties hereby submit to the Courts and Tribunals of London to settle any disputes which may arise in respect of the fulfilment and interpretation of the Clauses stipulated in this contract.