• Authorization and Consent

The Client authorizes RMC or its employees, contractors, and agents to conduct an evaluation of the Client’s media and other hardware in order to determine the nature of the damage and provide an estimate of recovery costs and time required for service. The initial evaluation is free and no work beyond the evaluation will be performed or charged without the Client’s approval and consent. The Client authorizes RMC, its employees, contractors, and agents, to receive and transport this media/equipment/data to, from and between RMC’s facilities. The Client also authorizes RMC to take any and all reasonable effort and measures necessary to determine recoverability and to recover data from this media and or equipment. 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 the property. Client further agrees to defend, at its expense, indemnify, and hold RMC harmless against any third-party claims of ownership to the media and or equipment provided by Client.

Once RMC has completed its initial evaluation and identified the scope of work necessary to complete the data recovery services, RMC will contact Client for consent to proceed. RMC will provide Client with a list of recoverable files (“Recovery list”) and an estimate for completion of the Services. Upon approval of the Recovery list, Client shall complete a Payment Authorization Form authorizing RMC to complete the Services and charge Client for the Services.

• Payment

Payment is due in full upon completion of successful recovery, prior to release of data, whether shipped, picked up or downloaded. Client is financially responsible for all international shipping costs, custom duties and taxes to and from RMC’s facilities. Company checks, bank and crypto transfers will be accepted however RMC will not release the recovered data until funds have cleared from Client’s checking account and or crypto Wallet.

• Limitations of Liability

RMC shall not be liable as a result of this Agreement or the performance of Services therein or any other 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 Services. The Client understands and accepts that data recovery cannot be guaranteed and is not promised or guaranteed by RMC. In no event will RMC or any contractor, employee, or agent of RMC be liable for any loss of data or loss of revenue or profit or any special incidental, or consequential damages, however caused, in connection with this Agreement or any Services provided by RMC or its agents, contractors, or employees; even if RMC has been advised of the possibility of damage or loss to persons or property.

RMC’s liability shall be limited to the contract price for the services. Client and RMC agree that the sole and exclusive remedy for RMC’s inability to recover the data outlined in the Recovery list shall be, at RMC’s option, either (a) additional attempts by RMC to recover the data; or (b) a refund of any amount paid by the Client. Client acknowledges 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 RMC, and assumes any and all known risks of injury and property damage that may result. In no event will RMC be liable for loss of data on Client’s media or hardware.

• Disputes

The parties to this Agreement shall submit all disputes relating to this Agreement or to either party’s performance hereunder, or any nature whatsoever, to arbitration, including but not limited to tort, contract, statutory, or equitable in accordance with the Rules of the American Arbitration Association, except that any claim in connection with RMC seeking equitable relief in connection with RMC’s intellectual property rights or nonpayment for Services performed which may be brought in a court of law rather than in arbitration. Either party may enforce the award of the arbitrator in a court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial as to issues covered by this arbitration agreement. The arbitration shall take place in Georgia, United States, and the laws of the State of Georgia shall apply to this Agreement.

• Pre-Dispute Notice to RMC Data Recovery

In exchange for the valuable services and consideration provided by RMC, Client agrees that at least 60 days before initiating any formal dispute with RMC, including the filing of any demand for arbitration, the Client shall first submit a sworn, written, and signed declaration to RMC to: complaints@recovermycrypto.com, stating the Client’s name, the problems experienced with RMC’s Services, in detail, an itemization of all alleged losses claimed as a result of RMC conduct, and all information known to the Client concerning any claimed contract breaches or other actionable conduct of RMC pursuant to this Agreement. This declaration must state, at the end of the text and above the signature, “I declare under penalty of perjury that the foregoing is true and correct.” This declaration will enable RMC to review factual information about the alleged dispute so that any issues may be evaluated and resolved, potentially without the need for further proceedings.

Client and RMC agree that the sole and exclusive remedy for disputes relating to Services provided pursuant to this Agreement shall be, at RMC’s option, additional attempts by engineers of RMC to recover satisfactory data or to refund the amount paid by the Client in full or part. RMC will retain a copy of Client’s recovered data for a period of seven (7) days from the date of dispatch. During this period RMC will answer any queries concerning the recovered data and, if required, provide further copies. Any media left with RMC after sixty (60) days, will be securely disposed of in an appropriate manner and in no event will RMC be liable to Client or any third party whatsoever for the data.

• Delivery and Shipping

All diagnostic reports are provided to the Client via telephone or electronic mail, unless otherwise agreed by a representative of RMC in writing. All media and hardware returned to Client as part of RMC’s return service is shipped via UPS as Freight on Board Origin (FOB Origin) unless otherwise agreed to in writing by RMC. RMC will provide Client with the shipping information including tracking number. RMC holds no responsibility or liability for any media or hardware lost or damaged after shipment by RMC. The Client understands that RMC does not offer any guarantees or warranties of any kind and that the extent of any RMC’s liability to the Client is strictly limited to the fees paid to RMC for its data recovery Services. If Client wishes to purchase shipping insurance, the Client must inform RMC prior to shipment by RMC and authorize RMC to charge for the resulting expenses.

• Miscellaneous Provisions

Due to the nature of data recovery, RMC technicians may be required to carry out physical work on the media. The Client understands that the media/data/equipment made available to RMC is already damaged, that data recovery efforts may result in further damage. The Client also understands that media and/or equipment warranties may become void and that RMC is not responsible for this or any other type of damage.

Client is aware that on occasion, RMC may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adapters or connectors. RMC reserves the right to charge the Client for such additional media, at an agreed cost. On rare occasions, RMC may require the Client to cover some of the cost in attempting the recovery. This only applies when the recovery is complex or when severe damage has occurred. However, these are always provided as part of a no obligation, fixed price quotation, but are not offered as part of RMC’s “no recovery, no fee” service. RMC Data Recovery agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the Client’s media. The Client understands that due to the complex nature of data recovery, it is not always possible to recover all the information from the Client’s media. RMC makes no prevision for the completeness, relevance or importance of the data recovered for the Client unless otherwise agreed in writing by RMC Data Recovery and the Client.

Client warrants to RMC that the Services requested pursuant to this Agreement are not related to or in connecting with forensic data recovery for the collection, preservation, analysis, and presentation of computer-related evidence nor for any pending litigation matters including but not limited to criminal cases, civil litigation, and human resource and employment proceedings. Client shall immediately notify RMC if the media or hardware provided to RMC for data recovery is the subject of any pending litigation or forensic investigation.

Client warrants to RMC that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to RMC; and Client will defend, at its expense, indemnify, and hold RMC harmless against any damages or expenses that may occur (including attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against RMC resulting from Client’s breach of this Agreement. This Agreement is intended by the Parties to be the final expression of their agreement, and it constitutes the full and entire understanding between the Parties with respect to the subject hereof. This Agreement may be amended only by a writing signed by all Parties herein. The construction, interpretation and enforcement of this Agreement shall be governed by the substantive contract law of the Commonwealth of Georgia without regard to its conflict of law provisions. Should any part, term, or provision of this Agreement be declared invalid, void, or unenforceable, all remaining parts, terms, and provisions hereof shall remain in full force and effect and shall no way be invalidated, impaired, or affected thereby.

RMC MAKES AND CLIENT RECEIVES NO WARRANTIES OR CONDITIONS FOR ANY GOODS OR SERVICES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH CLIENT, AND RMC 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.

End of Agreement