Non-Disclosure Agreement (NDA)

Confidentiality Agreement for Data Recovery Services

Client Party A: Data Recovery Service Recipient
Party B: RCS Data Recovery Center

Party A entrusts Party B to utilize their professional expertise and tools to recover the necessary and valuable information on behalf of Party A. As the information involved is of significant importance and may contain Party A’s private or confidential business data, the agreement between Party A and Party B encompasses the following terms and conditions:

  1. Party A is required to complete the data recovery request form comprehensively, providing a detailed list of folders or files that require priority attention for recovery. This will enable Party B to prioritize data extraction, particularly when the hard disk is in poor condition.
  2. Please note that data recovery services do not encompass the recovery of the operating system (e.g., XP, VISTA, WIN 7, etc.) and program software environment. If a complete system recovery is necessary, it is vital to inform Party B when submitting the device for data recovery service.
  3. Party A entrusts Party B to perform data recovery services. It is important to note that these actions, including detection and rescue, carry inherent risks such as potential data loss, data damage, and the loss of original factory warranty service qualifications. Such risks may result in commercial losses or civil lawsuits. Party B shall not be held responsible for any damages to Party A’s data or for any joint or several liabilities arising from or related to data damage. Additionally, Party B shall not be liable for any permanent losses, incidental damages, subsequent damages, or indirect losses resulting from this agreement.
  4. In cases where it becomes necessary to open the hard drive and replace components such as magnetic heads or discs for data rescue purposes, Party B acknowledges the high risk involved, which may result in permanent data damage. Therefore, Party B is obligated to inform Party A and obtain their explicit consent before proceeding with any inspection or rescue that involves opening the hard drive. Party B is strictly prohibited from opening the hard drive without obtaining proper consent.
  5. The company is exempt from paying any testing fees associated with testing and data recovery services. The recovery fees are determined based on the severity of the hard disk damage and the complexity of the recovery process, rather than being calculated based on the storage capacity of the hard disk.
  6. For data recovery services, Party A is only required to provide the hard disk itself. Party B is not responsible for the dismantling of laptops, desktop computers, mobile hard disks, external enclosures, or any other types of devices. It is important to note that dismantling certain products may be considered as user-inflicted damage and may potentially void the warranty provided by the original manufacturer. Party A is advised to consult the respective original factory or authorized agent regarding warranty implications before proceeding with any disassembly. Party B shall not be held liable for any storage or compensation related to the dismantling of devices.
  7. Party A and Party B mutually agree that this agreement shall be terminated under the following circumstances, and neither party shall be held liable for breach of contract: Force majeure events: This includes unforeseen disasters such as earthquakes, fires, floods, wars, or civil unrest that render the performance of the agreement impossible. Hardware or software unavailability or invalidity: If the required hardware or software becomes unavailable or invalid, rendering the data recovery process unfeasible. Further damage to the hard disk during the data recovery process: In the event that Party B encounters additional natural damage to the hard disk during the data recovery process (such as bad tracks, subsequent deterioration or damage leading to the failure of data reading, or damage to the magnetic head resulting in disk recognition failure), or if external factors such as sudden power failure cause further damage to the hard disk, rendering data recovery impossible. In the aforementioned circumstances, both parties shall be released from their obligations under this agreement, and no party shall be held liable for the breach of contract. Regenerate response
  8. Please note that the presence of bad sectors on the hard disk, scratches on the disk surface, and overwritten data can lead to irretrievable data loss. Therefore, Party B cannot guarantee 100% data recovery in any form for Party A.
  9. Confidentiality Clause: Party A grants Party B permission to utilize any information found on the hard disk for the purpose of data recovery. Regardless of the success of data restoration, Party B is obligated to maintain the integrity and security of the original data in strict confidentiality. Upon the acceptance of the restored data by Party A, it is agreed that Party B will retain the data on behalf of Party A for a period of five days. After this five-day period, Party B will securely dispose of all copies and backups of Party A’s data, leaving no trace. In the event of any data or information leakage caused by Party B, Party A reserves the right to pursue legal action and hold Party B liable. Party B is prohibited from disclosing any relevant information from Party A’s hard disk in any form. The confidentiality period for the confidential information starts from the date Party A delivers the storage medium to Party B and ends on the date Party B returns the storage medium and any associated rescue materials.
  10. Upon successful data recovery by Party B, all the rescued data will be permanently deleted five days after Party A retrieves the data. Party A is solely responsible for the proper safekeeping of the rescued data thereafter, and Party B bears no responsibility for its storage or maintenance. Upon Party B’s notification to Party A regarding the completion of the data recovery or the need to return the hard disk, Party A is required to retrieve the hard disk within 30 days. Failure to do so within the specified timeframe will be considered as abandonment, relieving Party B from any responsibility for the safekeeping of the hard disk.
  11. Party B guarantees the privacy and confidentiality of the rescued data but does not assume any responsibility for the legality of Party A’s data or Party A’s acquisition of the data. Party B maintains no association with Party A’s data, and as such, Party B is not liable for any legal responsibilities related to Party A’s data.
  12. The procedure for accepting the rescued data from the hard disk is as follows: Party B provides Party A with a comprehensive list of restored files, including the file names, paths, and sizes. Party A is required to visit Party B’s premises and personally operate Party B’s computer system to inspect and verify the restored data. If Party A’s files are in a specific format or require special software to open and accept, Party A must bring their own laptop for on-site inspection and acceptance. After completing the data acceptance procedure, Party A is obligated to make immediate payment. Please note that no discounts or refunds will be entertained thereafter, regardless of the circumstances.
  13. To safeguard the rights and interests of Party A, if it is inconvenient for Party A to inspect the rescued data on Party B’s computer, Party B may assist by examining and accepting 10 to 20 files designated by Party A. In cases where the files require a special format, Party A must provide the compatible software or file format for verification. By submitting the application to Party B, Party B can verify the data integrity on behalf of Party A. It is important to note that no refunds will be issued if issues arise with the data in the future. Once the recovery process is successfully completed, and Party A confirms the acceptance procedure, Party B will not be held responsible for any subsequent damage or for any data that Party A deems unnecessary. Party A is still required to pay the quoted price for the services rendered.
  14. Following a successful data recovery and retrieval by Party A, Party B reserves the right to showcase Party A’s rescue case on Party B’s website. However, Party B is prohibited from disclosing any information contained within Party A’s hard disk, including Party A’s complete contact details (such as phone number, mailing address, email), recoverd hard disk serial number, or any other sensitive information. Confidentiality of Party A’s data and personal information remains a priority for Party B.
  15. In the event of any data leakage resulting from an accident, Party B shall compensate Party A for the data rescue fee as stipulated in the original contract. Alternatively, Party A may opt to secure data loss insurance and be responsible for the associated premiums. Should Party B be responsible for any data leaks, Party B shall compensate Party A an amount ten times the value of the insurance coverage.
  16. By sending this agreement, you acknowledge your acceptance and agreement to the terms and conditions outlined herein.