Terms & Conditions
Kenedacom Data Recovery Terms & Conditions
Upon ordering, receiving or using Kenedacom Data Recovery's services, you agree to the following terms and conditions, which shall govern all services provided by Kenedacom. We encourage you to read the present Terms and Conditions before using our services.
Authorization: By requesting our services, you authorize Kenedacom and its employees, agents, and delegates to conduct testing, evaluation, access, recovery attempts and processing of each data storage device or data storage media that you submit to us. Kenedacom will perform an evaluation of the data storage device to determine the nature of the damage and to provide an estimate of the cost of recovery and estimated time of completion. If you agree to the data recovery, we will use reasonable efforts and apply our expertise to recover your data, but we cannot guarantee that any data will be recovered. By using our services, you agree and covenant that our attempt to recover the data may result in damage to the device, media, or data, and may render all or part of your data unrecoverable, and you agree to hold Kenedacom harmless of any and all damages to that effect. To the extent possible, you should attempt to back up any available data before submitting it to us, and Kenedacom will assume no liability if you did not proceed with such back up prior to the data recovery. By agreeing to have the data recovery performed, you agree to pay our fee if we are able to successfully recover the data as promised.
Successful Recovery Effort: If Kenedacom is able to successfully recover your data, we will notify you and charge you. We will not release your data to you until you have paid in full for our data recovery services and costs (including, without limitation, applicable service fees, material costs, new media costs, shipping costs, customs duties, and taxes).
Unsuccessful or Partially Successful Recovery Effort: If Kenedacom is unable to recover any data, we will inform you accordingly and charge you for our efforts according to the service level chosen when submitting the project. 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 an agreed fee.
Disposal of Abandoned Device, Media or Data after 45 Days: Any property or data left unclaimed with us for greater than 45 days will be considered abandoned by the Customer and will be disposed of at our discretion, although we will provide you with a 10 day notice prior to disposal of the data; and you release Kenedacom from any and all obligation of confidentiality and/or liability related to the device, media, and data.
Legal Rights: By using and/or requesting our services you represent to Kenedacom that you are the legal owner or the authorized representative of the legal owner of the storage device and data and are of the legal age of majority. You warrant that the data on your device is legal and that have the unrestricted legal right (a) to send us the device, media, and data; (b) to have the data recovered; (c) to receive the recovered data; and (d) to agree to these terms. You declare and understand that any breach of that obligation will be at your sole and entire responsibility and that Kenedacom will not and cannot be held responsible for any and all damages, indirectly or directly related to such breach and you will hold Kenedacom harmless of such. You will defend and indemnify Kenedacom (including our directors, officers, employees, and contractors) from any and all claims or actions, damages, fees, including attorney's fees, relating, directly or indirectly to the services, device, media, or data, or your rights or lack of rights thereto.
Confidentiality: Protecting the confidentiality of your data is paramount. Kenedacom will not disclose your Confidential Information to any third party, except as required by law and will use the Confidential Information for no purpose other than data recovery. Kenedacom shall only permit access to your Confidential Information to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations.
Disclaimer of Warranties, Representations and Guarantees: Kenedacom makes no express warranties, representations, or guarantees regarding our data recovery services or their results, and we expressly disclaim all implied warranties, including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness. We perform this service as is, with all faults, at your sole risk. As the Customer has advised Kenedacom it has been unable to access, view and /or recover certain data, which the Customer represents to be it property, and engages Kenedacom to use its best efforts to identify said problem (if not already identified), and use it's best efforts to retrieve said data or portion thereof and to provide such other services as may be agreed to between the Customer and Kenedacom in writing from time to time. If the person that requested our services did not have proper authorization to engage our services, or gave order for the invoice to be given to another person or entity and that such person or entity refuses to pay Kenedacom's fees, the person that requested our services will be personally held responsible for such fees.
Limitation of Liability: Kenedacom will not be liable for any and all claims relating to the physical functioning of the storage media or to the condition or existence of data on the storage media supplied before, during or after the data recovery service. Without limiting the generality of the foregoing, we will not be liable for the condition, existence, or loss of the data you send us or the data we recover; any loss of revenue, loss of profits, or any direct, indirect, special, incidental, or consequential damages however caused. To the maximum extent permitted by applicable law, this disclaimer shall apply to any and all damages, regardless of Kenedacom having advised of the possibility of damages or loss to persons or property. Kenedacom's liability of any kind with respect to the data recovery service, including any negligence on its part, shall be limited to the total amount paid by the Customer for the data recovery services. Without prejudice to Kenedacom, the purpose of this limitation is to limit our liability for performing the data recovery services and the allocation of risk is reflected in our prices. You acknowledge and agree that the price of our services would be much greater if we undertook more extensive liability. You acknowledge that you are aware of the inherent risks of injury and property damage involved with data recovery, including without limitation, risks due to the destruction or damage to the storage media and/or data and inability to recover data and that such risk will be at your sole and entire responsibility.
Terms of Payment: Payment is due in full upon completion of a successful recovery before data will be released unless different arrangements have been made in advance, in a written agreement.
Governing Law: The laws of the province of Quebec will exclusively govern the provision of the data recovery services and any legal action shall be undertaken in the judicial district of Montreal, which shall have sole jurisdiction regarding any and all litigation, directly or indirectly related to such services.
Severability: If any provision of these terms and conditions is held invalid, illegal or unenforceable, in part or in whole, such provision, or such part of provision, shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions and agreement shall not be affected thereby.
Entire Agreement: These Terms, and any amended versions thereof, in addition to the "Terms and Agreement" included in the "Evaluation Request form" are the entire Agreement between you and the Company with respect to the Services, and they shall supersede any other agreement, written or verbal, that you might have entered into.
Assignment: The customer agrees that the present Terms cannot be assigned or transferred unless Kenedacom gives its prior written consent. Kenedacom has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, but will provide customer with a notice (written or email) if that event occurs.
Should you have any questions regarding our terms and conditions, you may contact us using the information below.
Kenedacom Data Recovery Inc.
7355 Trans Canada Route, Suite 106
H4T 1T3 Canada