Terms of Service

CONFIDENTIALITY OF DATA, NON-DISCLOSURE & PRIVACY OF PERSONAL DATA

We use your personal information to update you on the progress of your job or process your order. We may also use this information for auditing, research and analysis to operate and improve our technologies and services. We will NOT pass your details on to any third parties. Furthermore when you entrust your hard drive or computer to us, you can be certain that your business or private data will remain confidential and will not be disclosed to anyone at all times. We take all possible measures to ensure your data is safeguarded while in our care. We further ensure physical protection of your data by preventing access to anyone except the technicians assigned to your job. To ensure non-disclosure, all recovered data stored on our servers are encrypted. When you receive the recovered data, Progressive Computer Solutions destroys any copies of the data that were made during the recovery process. This is done after you have verified the receipt of your data.

Data Recovery Service Terms & Conditions

1. Authorization
The client authorizes Progressive Computer Solutions or its agents to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of the data recovery cost and turnaround. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval. The client authorizes Progressive Computer Solutions, its employees, independent contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities.

The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By asking Progressive Computer Solutions to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify Progressive Computer Solutions for any claims against Progressive Computer Solutions related to this data recovery.

2. Failure to claim property
Any property left with Progressive Computer Solutions unclaimed for 30 days, will be disposed or recycled. At which time, Progressive Computer Solutions shall have no liability to the client or any third party.

3. Limited Liability
Progressive Computer Solutions shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service. THE CLIENT UNDERSTANDS THAT DATA RECOVERY CANNOT BE GUARANTEED.

IN NO EVENT WILL Progressive Computer Solutions OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF Progressive Computer Solutions BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY Progressive Computer Solutions OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES — EVEN IF Progressive Computer Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY. Progressive Computer Solutions’s liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services.

3.1. Client and Progressive Computer Solutions agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Progressive Computer Solutions’s option, either (a) additional attempts by Progressive Computer Solutions to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of Progressive Computer Solutions’s data recovery services would be much greater if Progressive Computer Solutions undertook more extensive liability or promised additional remedies. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Progressive Computer Solutions, and assumes any and all known risks of injury and property damage that may result. All data recovered will be kept for a period of 10 days after successful delivery to customer No charge will be made in the destruction of data. Data will be destroyed and thereafter no further records will be kept.

4. Confidentiality
Progressive Computer Solutions agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment to any third parties except to employees , independent contractors, lawyers, or agents of Progressive Computer Solutions subject to confidentiality agreements or as required by law.

5. Payment
Payment is due in full prior to release of data (whether shipped, picked up or downloaded), unless by special previous arrangement.Successful data recovery is defined as recovery of data that was not accessible or visible under the client’s computer operating system. The client agrees to pay for data recovery even if Progressive Computer Solutions has partially recovered the data.The client is financially responsible for all shipping costs, custom duties and taxes to and from Progressive Computer Solutions. We accept payment via all major credit cards, or company cheque unless any other arrangement is in place. Customers who choose to pay by company cheque, must allow 5 working days for clearance prior to collection or delivery. Personal cheques are not accepted.

6. Warranty
Progressive Computer Solutions makes no warranty, express or implied, and Progressive Computer Solutions disclaims any warranty of any kind, for the services being provided or discussed herein.