Please read the following Terms and Conditions closely before using our services. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES. iCrashCare Data Recovery services may at any time modify these Terms and Conditions when necessary.
The client (hereafter "you" or "your") authorizes iCrashCare Data Recovery Services (hereafter “iCrashCare”, “we” “our” or “us” or " ICRASHCARE "), its employees, and agents, and subcontractors, to conduct an evaluation of your storage media to determine the nature of the damage and provide an estimate of recovery cost and timing. The client also authorizes iCrashCare Recovery to take any and all reasonable efforts and measures necessary to determine recoverability and to recover data from this media and or equipment.
The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owner's behalf and all data contained therein sent to iCrashCare Data Recovery.
BEFORE PROVIDING YOUR TEAMVIEWER ID TO ICRASHCARE, CAREFULLY READ THE LIABILITY DISCLAIMER BELOW. BY PROVIDING YOUR TEAMVIEWER ID YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND YOUR EMPLOYER, AS APPLICABLE, TO THE TERMS OF THE DISCLAIMER BELOW; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS DISCLAIMER. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE DISCLAIMER, OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT RECEIVE REMOTE ACCESS SERVICES FROM ICRASHCARE DATA RECOVERY. Remote access services are provided at your sole risk. iCrashCare’s assistance is provided on the following terms and conditions: You have requested the remote evaluation of an ICRASHCARE DATA RECOVERY technical support representative through a remote connection to your computer. The ability for ICRASHCARE to remotely access your computer significantly enhances ICRASHCARE’S ability to resolve your technical problem quickly. You understand that by requesting such assistance, you will be providing ICRASHCARE technical support personnel with access to and control of your computer. In addition, you may be providing ICRASHCARE technical support personnel with access to files that reside on your computer. Be sure to close any confidential or personal files that you may be working on, before allowing remote access to your computer. In order to provide the services, ICRASHCARE’s technical support personnel is not expected to need to make any copies or downloads of your files or to retain any information accessed from your computer without your consent. ICRASHCARE’S LIABILITY AND THE LIABILITY OF ITS VENDORS AND LICENSORS SHALL BE LIMITED TO THE TOTAL VALUE OF THE QUOTED ICRASHCARE SERVICE, NOT TO EXCEED THE LIMITATION OF LIABILITY IN YOUR CURRENT SERVICES AGREEMENT. ICRASHCARE AND ITS VENDORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE TECHNICAL SUPPORT SERVICES PROVIDED HEREUNDER. ICRASHCARE AND ITS VENDORS AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE TECHNICAL SUPPORT SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ICRASHCARE OR ITS VENDORS OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES. I AGREE TO ALLOW ICRASHCARE REMOTE ACCESS TO MY COMPUTER TO PERFORM TECHNICAL SUPPORT SERVICES IN ACCORDANCE WITH THE TERMS OF THE DATA RECOVERY TERMS OF SERVICE.
iCrashCare Recovery assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will iCrashCare Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if iCrashCare Data Recovery has been advised of the possibility of damages or loss to persons or property.
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. iCrashCare Data Recovery and its officers and employees agree not to disclose any data to any third party. iCrashCare Data Recovery provides an absolute NONDISCLOSURE of any customer data.
iCrashCare Data Recovery will diagnose your storage device to the best of our ability with the resources available. The standard evaluation for hard drives, servers, and solid state drives is free.
Client agrees to pay in full upon successful completion of services rendered by iCrashCare Data Recovery. The client has 5 days to verify and backup all files that were recovered starting when iCrashCare Data Recovery sends the confirmation email indicating that the files were successfully recovered. Other payment arrangements may be made prior to recovery and must be in writing. The client is responsible for all shipping charges regardless if the data is recovered or not.
If you accept the cost estimate provided by your account representative or case manager upon completion of the initial evaluation of your data storage device or media we will apply our existing technology and standard processes and use our best reasonable efforts to recover your data.
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts. If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed upon fee.
iCrashCare Data Recovery honors the turnaround time you choose at the receipt of all resources needed for recovery. Some recoveries may take longer than others due to the nature of the issue the drive is experiencing. There is no possible way for us or any other company to speed up the process as we are at the mercy of your storage media.
Based upon your specific problem description over the phone at the time of initial consultation, we will do our best to provide you with a reasonable pre-quote range over the phone or via email. iCrashCare does not attempt to recover your data until after your device has been evaluated and ONLY IF you agree to the formal quote presented to you. By enlisting our services, you agree that you are comfortable with this quote range and to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from your media. Please be aware that from time to time, we may quote higher than the pre-quote range depending on our findings in the evaluation. There is no obligation to proceed with any of the quotes presented to you after the evaluation. After evaluating your device and you decide to decline recovery services, there will be no charge.
Once an evaluation is performed, you will have the option of moving forward or not with the quote provided. If you decide to move forward with recovery services, you will be locked into a fixed rate for the encryption discovered in the evaluation which pertains to the file gathered. If another encryption is discovered at any time, we will need to re-evaluate and provide you with an updated quote for the additional encryption. If the client opts out of the recovery after approving the quote at any time without allowing us reasonable time to remotely connect and decrypt their files, the full agreed amount will still be due. If the data is determined to be unrecoverable, you will not be charged the agreed upon recovery quote.
You have 7 days from the point of receiving your data to make sure the data is accessible on your computer. iCrashCare Data Recovery does not offer any warranty on storage devices provided to you. It is your responsibility to back up your data after you receive it as it is good practice to always have a second copy at all times. Any damaged or faulty storage devices that fail after 7 days should be taken to a manufacturer for repairs.
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to iCrashCare Data Recovery is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.
This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties representing the subject matter hereof. No amendment, modification or alteration of this Agreement shall be binding unless the same shall be in writing and duly executed by the parties here to of by their duly authorized representative.
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby. Any modifications to this agreement must be requested in advance in writing, and must be approved by iCrashCare Data Recovery.