Please read this agreement and afterwards at the bottom of this page, agree or disagree.

ADS(Advanced Data Solutions LLC) & Customer Agreement (Limited Liability)

BY COMPLETING THE EVALUATION PROCESS, YOU AGREE TO THE TERMS OF THIS CUSTOMER AGREEMENT, JUST AS IF YOU HAD SIGNED THE CUSTOMER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS CUSTOMER AGREEMENT, PLEASE DO NOT COMPLETE THE EVALUATION PROCESS.

ADS will perform a FREE evaluation (during normal business hours only A.M. - 5 P.M., M-F, West Coast time zone, for after hours, there is an evaluation fee) for customers and NO work beyond this evaluation will be performed or charged to customer without first obtaining customer approval of our quote.

Confidentiality, ADS agrees to absolute Nondisclosure of all information or data files supplied with, stored on, or recovered from customer equipment. All data shall remain property of the customer.

Customer warrants and represents to ADS that customer has owner rights and/or has the right to be in possession of all equipment and data furnished to ADS and will defend at its expense, such claims against ADS.

(If this is a data recovery job) Customer acknowledges, that storage media / data are provided to ADS in a damaged or non-readable form. Customer agrees to hold harmless ADS for any further damages caused in it's evaluation / recovery efforts.

Uncontrollable circumstances: either party's performance of any part of this agreement shall be excused if the performance of recovery or estimate is hindered, delayed, or made impossible due to: (a) Acts or omissions of other party, (b) Flood, fire, earthquake, strike, war, or riot, (c) Unavailability of parts or software.

Customer acknowledges that they wish to contract ADS for the purpose of estimating and / or recovering lost or corrupted data files (specifically data files and not programs, unless otherwise agreed to). Programs, OS's, batch files, scripts are highly susceptible to being corrupted and rendered useless. It is then the responsibility of the customer to reinstall these programs. ADS is not being contracted to reinstall programs, but ADS will reinstall programs for an additional charge. Customer must supply the needed programs.

ADS shall not be liable for any damages including loss of data, loss of profits, incidental or consequential, or indirect from damages arising from engagement and will have no liability for any customer or third party directly or indirectly that equipment and / or data was damaged or rendered unusable during or after service with ADS. Customer acknowledges all risk.

Customer and ADS agree that this agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of California, provided, however, that if any provision of this agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the agreement shall remain in full force and effect.

NOTE: There will be a $25.00 charge if we need to remove the hard drive from the computer.

ADS Policies & Procedures

Equipment left over 30 days after the completion or refusal of estimate / recovery is considered abandoned and maybe sold.

FULL payment of approved charges is due upon completion of job. All invoices are C.O.D., unless previously arranged.

Customer understands that ADS is not being contracted to diagnose or repair computer or storage media. ADS is being contracted to recover lost or corrupted data files only. If need be, ADS will only make temporary repairs on the storage media to facilitate a data recovery. If the customer wishes to have other computer work performed, this request must be submitted in written form.

Customer acknowledges that if that a new hard drive or other storage media is needed for the recovery attempt, that the customer will pay for this hard drive or other storage media up front. This cost is not refundable. Customer understands the risk that the new drive may become damaged in the evaluation or recovery attempt and rendered useless and that the warranty may become void. Also, the purchase of a new hard drive or other storage media does not guarantee a successful data recovery, but may help facilitate a successful data recovery. If the customer sends in a storage media for the purposes of storing a copy of recovered information or to facilitate a data recovery, the customer understands that information on that storage media will be over written. It is advisable to send us a blank or empty storage media.

Customer acknowledges that ADS will use it's best efforts to recover all or as much data as possible. But due to the severity of the data failure, a full 100% recovery may not always be possible (programs are more susceptible to damage from data failure, but data files are more resilient to damage.) Some programs (or all programs, including operating systems) may become corrupted and rendered useless. This is being the case the customer would have to reinstall all damaged programs. Also, some or a good part of the data files may not be recoverable, due to bad sectors/blocks, overwritten data, excess fragmentation (large files are susceptible to becoming corrupted) etc.

Customer acknowledges that ADS will use it's best efforts to recover the data in it's original "data file structure". But due to the severity of the data failure, the original "data file structure" may become altered or completely changed. Directories and sub-directories, folders and sub-folders, and file paths may have changed or may not exist. Possible changes that may occur after a recovery are: Example - Bob's spread sheet (after recovery may change to) Excel 001, Excel 002, or Recovered file 001, Recovered file 002, etc.

Verifying data. ADS will make concentrated efforts to verify targeted data, as requested by customer. ADS will only spot check the remaining data files. Depending on the number of the remaining data files, it may be to cost-prohibiting and or time consuming to check each individual remaining data file. It will then be up to the customer to examine each remaining data file and determine if the file is still unusable and (if need be) to rename the data file and place it in a directory or folder. ADS can perform this work for an additional charge.

ADS may not be able to check some data files that require a special program or version number. Customer must supply these programs.

Once a customer accepts a quotation price for data recovery and customer terminates the data recovery process before or after the data recovery process is completed. Customer will be obligated to compensate ADS for labor and materials invested in the recovery process.

Upon the delivery of the data to the customer, it is the responsibility of customer to make a copy of their data. ADS is not obligated too, but ADS will keep a copy of the customers data for a period of two weeks (period commencing when the customer comes in possession of their data or when the customer is advised their job is completed.) Afterwards the customers data will be erased. If a copy of the data is needed by the customer, ADS will provide (if still within the two week period) a copy of their data at a rate of $95.00 per hour, one hour minimum.

Entire Agreement. This Customer Agreement is complete at the time you agreed to it by completing the Evaluation process, and this Customer Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and ADS. You can print this form and keep a copy for your own records.

I AGREE (This will take you to a secure evaluation form)

I DISAGREE (This will take you back to the ADS Home page)