CBL DATA RECOVERY SERVICE PROTECTION PLAN AGREEMENT
"Terms and Conditions"
This Agreement is entered into between CBL DATA RECOVERY TECHNOLOGIES INC. with its principal place of business at 105 - 590 Alden Road, Markham, Ontario, Canada L3R 8N2 ("CBL" or "Company") and the Customer ("Customer" or "you" or "your").
CBL and the Customer agree that the following terms and conditions will cover all services provided by CBL under this Agreement upon the acceptance of the registration of the hard disk drive by CBL and the payment of the applicable fees to CBL:
The Engagement:
Customer has agreed to purchase the CBL Data Recovery Service Protection Plan ("DRSPP") coverage and to register online a functional, single hard disk drive with CBL.
Non-functional drives and multiple drive systems such as RAID's do not qualify for DRSPP coverage. Only systems running a Microsoft Windows operating system are eligible.
The DRSPP provides the Customer with data recovery services for a single, registered hard disk drive at no charge including all parts and labor. The data recovery service, if required during the term of this Agreement, shall be completed within fifteen (15) working days from receipt of the registered hard disk drive at the CBL location.
The Customer is responsible for all shipping charges and any associated charges incurred in the shipping process to and from the CBL location. (See CBL Locations and Packaging Instructions)
The Customer's recovered data shall be available for return to the Customer on DVD's at no charge. (Should the Customer request the data to be returned on any other media, additional charges will apply.)
The Customer may claim for an unlimited number of data loss incidents for the registered hard disk drive. The data loss incidents covered shall be for all causes except for those caused by (a) abuse; (b) lost passwords; and (c) hard disk drives that have a damaged, tampered or broken tape seal.
DRSPP Refund Policy:
Data recovery services provided by CBL under the DRSPP services shall be on a "best efforts" basis and CBL does not promise particular results. Should CBL in its sole discretion designate the data as "unrecoverable", the Customer will be entitled to a full refund of the amount paid for the DRSPP. DRSPP coverage for the registered hard disk drive ceases immediately upon issuance of a refund to a Customer.
Registration:
By purchasing the DRSPP and registering online, the Customer has agreed to download a hard disk drive identity verification program (a Java applet) which will read, capture and display the make, model and serial number of the designated hard disk drive to be registered. The make, model and serial number will be automatically downloaded to a secure CBL data server.
The verification program will not and does not access any other data or information on the customer's hard disk drive for any other purpose whatsoever. CBL shall use the information collected by the verification program solely to confirm the hard disk drive registration information should the customer make a claim under this DRSPP.
Your unique Registration Identification Number ("RIN") is provided upon purchase of the DRSPP.
The DRSPP is not transferable to any other hard disk drive and applies only to the original, registered hard disk drive. If the registered disk drive is replaced for any reason during the DRSPP coverage period, the DRSPP is non-transferable and does not apply to the replacement drive.
Coverage Period:
Coverage under the DRSPP begins thirty (30) calendar days after the purchase of the DRSPP and registration of the designated, single hard disk drive. NO CLAIMS FOR DATA RECOVERY SERVICE UNDER THE DRSPP WILL BE HONORED WITHIN THE FIRST THIRTY (30) CALENDAR DAYS AFTER THE PURCHASE AND REGISTRATION OF THE DRSPP FOR THE DESIGNATED HARD DISK DRIVE.
Coverage will commence upon the thirty-first (31st) calendar day after the purchase and registration of the designated hard disk drive and will expire on the full term of your coverage period (twelve, twenty-four or thirty-six months) as detailed on your purchase certificate.
Confidentiality:
CBL will use any information provided by the Customer only for the purpose of fulfilling the Engagement and will use its best efforts to hold the Customer's information in the strictest confidence. Confidentiality shall not apply to any information which entered the public domain through no fault of CBL, which was known to CBL prior to receipt from the Customer, which is disclosed to CBL by a third party (other than employees or agents of either party), which in making such information available to CBL is not a violation of any confidentiality obligation to the disclosing party; or which is independently developed by CBL without recourse to the Customer's information.
Shipping:
The Customer is responsible for all shipping charges and any associated charges incurred in the shipping process to and from the CBL location. (See CBL Locations and Packaging Instructions)
Acknowledgement of Existing Conditions:
The Customer acknowledges that the equipment/data/media may be damaged prior to CBL's receipt, and the Customer further acknowledges that the efforts of CBL and/or its suppliers to complete the Engagement may result in the destruction of or further damage to the equipment /data/ media. CBL for itself and its suppliers does not assume responsibility for additional damage that may occur to the Customer's equipment/date/media during or as a result of CBL's efforts to complete the Engagement.
No Warranties; Disclaimer of All Warranties:
CBL, for itself and its suppliers, makes and the Customer receives no warranties or conditions for any good or service, express, implied, statutory, or in any communication with the Customer. CBL, for itself and its suppliers, specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, and arising from usage of trade in the course of dealing or performance.
CBL does not cover hardware warranties. If the hard disk drive is under warranty, it is solely the Customer's responsibility to make any warranty claims with the original warrantor. CBL will provide a lab report at the Customer's request. CBL is not responsible for any warranty claims whatsoever.
Limitation of Liability, Limitation of Damages:
In no event will CBL or its suppliers be liable for any damages whatsoever, 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 event if CBL or any authorized representative even if CLB has been advised of the possibility of such damages. The Customer acknowledges that the DRSPP charges reflect this limitation of liability and allocation of risk. The total liability of CBL or its suppliers to the Customer under this Agreement shall in no event exceed the total sums paid by the Customer to CBL.
The Customer's Representation and Indemnification:
The Customer warrants to CBL that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to CBL; and the Customer will defend, at its expense, indemnify, and hold CBL harmless against any damages or expenses that may occur (including reasonable lawyers' fees), and pay any costs, damages, or legal fees awarded against CBL resulting from the Customer's breach of this section.
Uncontrollable Circumstances:
Either party's performance of any part of this Agreement shall be excused to the extent that such performance in 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; and (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of either party. Upon the occurrence of any such event(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 any such event(s) may be promptly made.
Miscellaneous:
CBL and the Customer agree that this Agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of the Province of Ontario; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect.
The place of adoption of this Agreement is deemed to be the principal place of business of CBL DATA RECOVERY TECHNOLOGIES INC., 105 - 590 Alden Road, Markham, Ontario, Canada L3R 8N2.
CBL reserves the right to amend the terms and conditions without notice. The latest terms and conditions can always be found and reviewed at this webpage.