Terms and Conditions

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The Engagement. Customer engages GetMyDataNow.com and/or its suppliers/agents to use best efforts to: inspect, evaluate, and try to regain the customer's data; and/or provide other services as may be requested by Customer from time to time. GetMyDataNow.com will use any Customer Information only for the purpose of fulfilling the Engagement, and will otherwise hold Customer Information in the strictest confidence. Any Confidential Information disclosed by Customer (whether for itself or for any subsidiary or parent) under this Agreement shall remain the sole property of the Customer, and GetMyDataNow.com shall employ reasonable measures to prevent the unauthorized use of such information, which measures shall not be less than those measures employed by GetMyDataNow.com in protecting its own confidential and proprietary information. The Confidential Information may be disclosed only to employees or consultants/agents reasonably requiring such information and not to any other party. Confidentiality obligations shall not apply to any information which enters the public domain through no fault of GetMyDataNow.com; which was known to GetMyDataNow.com prior to receipt from Customer; which is disclosed to GetMyDataNow.com by a third party (other than employees or agents of either party) which in making such information available to GetMyDataNow.com is not in violation of any confidentiality obligation to the disclosing party; or which is independently developed by GetMyDataNow.com without recourse to the Customer Information

NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES. GetMyDataNow.com, FOR ITSELF AND ITS SUPPLIERS AND AGENTS, MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND FOR ANY GOOD OR SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CUSTOMER.

Limitation of Liability; Limitation of Damages. In no event will GetMyDataNow.com or its suppliers and agents be liable for any indirect, special, consequential, punitive, collateral or incidental damages whatsoever, even if GetMyDataNow.com or any authorized representative has been advised of the possibility of such damages. This includes losses incurred while data is being sent to or returned from GetMyDataNow.COM. In any case, the total liability of GetMyDataNow.com or its suppliers to Customer shall not exceed the total sums paid by Customer to GetMyDataNow.com.

Customer’s Representation and Indemnification. Customer warrants to GetMyDataNow.com that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to GetMyDataNow.com; and Customer will defend, at its expense, indemnify, and hold GetMyDataNow.com and its suppliers and agents harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, or attorneys’ fees awarded against GetMyDataNow.com resulting from Customer’s breach of this section.

Uncontrollable Circumstances Miscellaneous. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control. The parties agree that this Agreement shall be governed by Irish Law in every particular including formation and interpretation and shall be deemed to have been made in Ireland. The parties agree that if any provision of this Agreement is held unenforceable, the validity of the remaining portions or provisions of the Agreement shall not be affected. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party. Facsimile signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and admissible in any court and/or for any lawful purpose. Electronic acceptance of this Agreement in any form and any subsequent exhibits are effective to bind the signing party and admissible in any court and /or for any lawful purpose. This Agreement, together with any exhibits or other attachments, constitutes the entire Agreement between the parties in relation to this subject matter. No provisions in either party’s purchase orders, or in any other standard business forms employed by either party will apply even if accepted by the other party.

I agree fully with the above terms and conditions. I confirm that I am the legal owner of the file(s) attached or am authorised by the owner to recover data from this file(s) and data recovered will be used for legal purposes only.

* I have read, understand and ACCEPT all the the above terms and conditions.

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