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+---
+title: Data Recovery Agreement
+description: Terms and conditions for data recovery services provided by digiBandit.
+category: legal
+tags: [legal, policy, data-recovery]
+permalink: go.dbits.ca/dd/data-recovery-agreement
+---
+
+# Data Recovery Agreement
+
+This agreement outlines the terms and conditions for data recovery services provided by digiBandit.
+
+---
+
+## Service Authorization
+
+You hereby engage digiBandit, and/or its suppliers when applicable, to use all commercially reasonable efforts to determine the existence and extent of recoverable data on your media ("Evaluation") and retrieve and/or provide access to your recoverable data ("Data Recovery") (collectively, the "Engagement").
+
+## Pre-Existing Deficient Hardware and Data
+
+You acknowledge that the hardware may be damaged before arriving at digiBandit, and/or its suppliers when applicable. Although best efforts are made, you will not hold digiBandit, and/or its suppliers responsible for damage in transit, either to or from our facility, when applicable. You further acknowledge that the recovery process may damage the hardware or data during the recovery process, and that no liability is assumed by digiBandit, and/or its suppliers when applicable.
+
+## Abandonment
+
+Any media left with digiBandit for more than 30 days without communication from the client will be considered abandoned and assumed as property of digiBandit. digiBandit will make reasonable attempts to contact the client via phone and email before recycling the media. All media left with digiBandit will be recycled through our Donor Drive Program, using the media for other data recovery purposes.
+
+## Data Confidentiality
+
+Information contained in your data/media ("Client Information") will be used by digiBandit only for the purpose of fulfilling this Engagement, and will otherwise be held in confidence. These confidentiality obligations shall not apply to any information which:
+
+- Enters the public domain through no fault of digiBandit
+- Was known to digiBandit prior to receipt from you
+- Is disclosed to digiBandit by a third party not in violation of any confidentiality obligation to you
+- Is independently developed by digiBandit without recourse to the Client Information
+- Is used by digiBandit in any legal process
+
+This confidentiality agreement may be breached by digiBandit at any time when Client Information is found to contain data such as child pornography or information that is detrimental to a Canadian Government.
+
+## Costs
+
+The cost estimate shall be provided after receipt of the deposit, signed agreement, hardware, and following an initial review of the condition of the media. Should the cost estimate to recover the data be insufficient, digiBandit will notify the Client in writing via email, or via telephone should additional time or charges apply prior to the commencement of additional work. Work will not continue until approval of the additional time has been granted and authorized by the Client.
+
+## Pricing & Payment
+
+- A deposit is required to begin work. Without the requested deposit amount, recovery will not begin.
+- Full payment is due upon completion and must be made within seven (7) business days of receiving notification of the final payment request unless prior arrangements are made in advance.
+- For amounts greater than $2,000, a company or personal cheque, e-Transfer, or bank wire will be required. Credit cards will not be accepted for payment on amounts over $2,000.
+- digiBandit will not issue refunds for any payments made for data recovery, parts, or service.
+- Accepted methods: Cash, Debit, Credit Card, e-Transfer (pay@dbits.ca)
+
+The job/ticket estimate is attached to this document. While this estimate may not reflect the total sum of money owed or services rendered, it does provide a starting point and reasonable assumption of work that will be performed and balance due. This estimate may change; if it does, the Client will be notified.
+
+## Unrecoverable Data
+
+Should your data be deemed completely "Unrecoverable", or you simply elect not to have your data recovered, return shipping charges and expedite fees (if applicable) will remain your responsibility. "Unrecoverable" means that there is mechanical failure or severe data corruption in the media that precludes access to any data on the media by any means within digiBandit's capability. This definition does not apply in cases where "desired" data was not specified when your data recovery case was created.
+
+## Warranty
+
+| Type | Coverage | Duration |
+|------|----------|----------|
+| Service | Our workmanship on the recovery performed | 7 business days from delivery |
+| Media | We do not warrant against further media failure | N/A |
+
+**Important:** Any issues regarding recovered data (either data corruption or incomplete recoveries) must be addressed within seven (7) business days of the completed and shipped recovery. After seven (7) business days, your recovered data will be qualified as acceptable and it will be removed from our servers if a copy is retained. Any additional recovery attempts will be subject to additional recovery charges.
+
+digiBandit does not focus on specific file types or specific file names. We aim to recover all files accessible during the recovery stage. A generalized recovery of all available data will be made and this may or may not include data that may be deemed desirable by you.
+
+ALL IMPLIED WARRANTIES (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED.
+
+## Limitation of Liability
+
+You acknowledge that the media/data/equipment you are making available to digiBandit is already damaged, that data recovery efforts can potentially result in further damage, and that digiBandit is not responsible for this or any other type of damage, including damage to or failures by equipment or media furnished by digiBandit.
+
+You agree that the liability of digiBandit to you for work performed under this agreement shall not exceed $100.00 or the amount charged by digiBandit to you for data recovery, whichever is greater, regardless of the circumstances under which such liability is imposed.
+
+Under no circumstances shall digiBandit be liable in contract, strict liability, warranty, tort or otherwise, for any special, indirect, incidental or consequential damages, such as (but not limited to) delay, disruption, loss of product, loss of anticipated profits or revenue, loss of use of equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment or systems.
+
+## Lawful Ownership
+
+You warrant and represent to digiBandit that you are in lawful possession of all data, media, and/or equipment you make available to digiBandit and that you have a lawful purpose to engage digiBandit for the Engagement.
+
+## Governing Law and Dispute Resolution
+
+The enforceability, validity, construction, and operation of this Agreement, and all of its terms, shall be determined according to the laws of the Province of New Brunswick, Canada.
+
+If a dispute arises out of or relates to this Engagement or the breach thereof, and if said dispute cannot be settled through negotiation, digiBandit and the Client agree first to try in good faith to settle the dispute by mediation before resorting to arbitration through the Canadian Commercial Arbitration Centre, in accordance with its General Commercial Arbitration Rules in force at the time this contract is signed. The arbitration shall be conducted in the English language in the City of Moncton, New Brunswick (unless another location can be agreed upon by the parties).
+
+## General
+
+If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
+
+---
+
+## Agreement
+
+By submitting a device for data recovery, you acknowledge that you have read, understood, and agree to the terms outlined in this Data Recovery Agreement.
+
+For questions or concerns, contact us at hey@dbits.ca or (506) 404-0055.