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Customer engages Advanced Computing Solutions, Inc ("ACS, Inc") and/or its
partners or subcontractors to: inspect, evaluate, and identify the problem (if
not already identified); and/or retrieve, or minimize the damage to, the
equipment/data/media; and/or provide other services as may be requested by
Customer from time to time. Customer agrees to pay ACS, Inc all sums authorized
from time to time by Customer, which will typically include charges for ACS, Inc
services, reasonable travel and per diem expenses for on-site work, shipping and
insurance (both ways), and actual expenses, if any, for parts, media, and/or
off-the-shelf software used in the Engagement. Unless otherwise agreed to in
advance by ACS, Inc, all such sums are due and payable in advance, by company
check, bank money order, or credit card. Customer agrees that an NSF fee may
apply for any checks that are returned. Customer acknowledges that the
equipment/data/media may be damaged prior to ACS, Inc receipt, and Customer
further acknowledges that the efforts of ACS, Inc to complete the Engagement may
result in the destruction of or further damage to the equipment/data/media. ACS,
Inc regrets that it will not assume responsibility for additional damage that
may occur to the Customer's equipment/data/media during ACS, Inc efforts to
complete the Engagement. Customer agrees that any equipment sent in for
evaluation will be considered the property of ACS, Inc if not claimed within 60
days of the last contact attempt. NO WARRANTIES; DISCLAIMER OF ALL
WARRANTIES. ACS, INC, MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR
CONDITIONS FOR ANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY
COMMUNICATION WITH CUSTOMER, AND ACS, INC SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ARISING
FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. In no event will ACS,
Inc be liable for any indirect damages whatsoever. ACS, Inc will not be held
liable for any damages due to any virus, worm, Trojan horse, etc. The total
liability of ACS, Inc to Customer under this Agreement shall in no event exceed
the total sums paid by Customer to ACS, Inc. Customer warrants to ACS, Inc that
it is the owner of, and/or has the right to be in possession of, all
equipment/data/media furnished to ACS, Inc; and Customer will defend, at its
expense, indemnify, and hold ACS, Inc harmless against any damages or expenses
that may occur (including reasonable attorneys’ fees), and pay any cost,
damages, or attorneys’ fees awarded against ACS, Inc resulting from Customer’s
breach of this section.
I agree to the above terms and conditions and
authorize Advanced Computing Solutions, Inc to charge the card listed on this
form, or promise to pay with approved method of payment as indicated, for any
priority fees, service fees and/or fees charged for this data recovery service.
Approved by (PrintName):_____________________________________________________
Signature:
_______________________________________________
Date:_____________
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