Data Recovery Service Agreement.
1. Janitor Data (Bombay) P. Limited (JDBPL) will perform a Data Recovery on the storage media given by the customer. Any further work/delivery of data will only be done after getting the customer's approval on the quotation submitted by JDBPL.
2. Confidentiality- JDBPL agrees to "absolute Nondisclosure" of any information or data files supplied with, stored on, or recovered from customer equipment. All data shall remain property of the customer. JDBPL accepts to limit access to the information to those of its employees who have a need to know and who agreed to be bound by this confidentiality agreement.
3. By accepting this agreement, customer acknowledges his awareness of data provided to JDBPL, is in damaged or in a non- readable form and also agrees to hold Harmlessness for any further damage caused in its evaluation / recovery efforts.
4. Necessary repairs will be done to the computer or the storage media under this contract JDBPL will do only Necessary repairs on the storage media to facilitate data recovery.
5. If the customer provides JDBPL with a storage media into which recovered data has to be copied, customer by signing this agreement understands that the data on that storage device provided would be over written or can be lost. Therefore, it is advisable to give JDBPL a blank or empty storage media for this purpose.
6. Customer contracts JDBPL, only for estimating and / or recovering lost or corrupted data files (specifically data files and not programs, unless otherwise agreed to). Programs, OS's, batch files, scripts are highly susceptible to being corrupted and rendered useless. It is then the responsibility of the customer to reinstall these programs.
7. JDBPL may not be able to check some data files that require a special program or version number. Customer must supply these programs as an when' required.
8. Customer acknowledges that, JDBPL will use its best efforts to recover all or as much data as possible. But due to me severity, of the data failure, a 100% recovery may not be-always possible. All or at least some programs (including operating systems) may become corrupted and rendered useless. In this case, the customer will have to reinstall the damaged programs. A good part of the data files may not be recoverable, due to bad sectors/blocks, overwritten data, excess fragmented files are susceptible to becoming corrupted).
9. Customer acknowledges that JDBPL will use its best efforts to recover the data in its original "data file structure". However, due to the severity of the data failure, the original "data file structure" may become altered or completely change. Directories and 'Su'b-directories,'folders and sub-folders, and file paths may have changed or may not exist. Possible changes that may occur after a recovery are: Example - The name Sanjay's spreadsheet after recovery may change to Exce1001, Exce1002, or XLS001, XLS002, etc.
10. JDBPL will make concentrated efforts to verify targeted data, as requested by customer. JDBPL will only spot check the remaining data files. Depending on the number of the remaining data files, it may be to cost prohibiting and or time consuming to check each individual remaining data file.
11. Customer will have to compensate JDBPL for labour and materials invested in the recovery process, if the customer wishes to terminate the data recovery process after accepting the quotation given by JDBPL for data recovery.
12. Upon the delivery of the data to the customer, it is the responsibility of customer to make a copy of their data. JDBPL will not be obligated to any loss of data thereafter. JDBPL normally keeps a copy of the customer's data for a period of 3 days (this period commences immediately after the customer is being notified about the completion of the job assigned to JDBPL). After which the customer's data will be erased. If the customer needs a copy of the data, JDBPL will provide (if still within the one week period) a copy of their data at the rate of INR 1000.00 per day (i.e. the number days data retained).
13:Subject to Mumbai Jurisdiction.