Data recovery - Hard Disk Repair

SERVICE AND CONFIDENTIALITY AGREEMENT

Clauses
FIRST. - The aim of this contract is to diagnose the possibilities of recovering the data contained in the hardware supplied by THE CLIENT, as well as, if appropriate, recover such data in whole or in part. The diagnosis and technical possibilities of recovering the hardware itself are expressly excluded from the contracted services.

SECOND. - The diagnosis will be carried out by ONDATA GRATUITOUSLY, except for the “URGENT DIAGNOSIS” service, whereby, at the request of THE CLIENT, a diagnosis will be made within three hours after the hardware arrives at ONDATA’s premises. A fixed price of NINETY-NINE EUROS  (99 Euros), plus 16 % VAT, will be charged for that service, which amount should be paid when the hardware is sent to be analysed, either in cash, by personal cheque or by evidencing that a bank transfer or deposit has been made for the agreed amount in the current account that ONDATA will provide THE CLIENT with to that end. ONDATA is under no obligation to carry out the work requested until such amount has been paid, and THE CLIENT is not entitled to a refund of the sum paid if the outcome of the diagnosis is negative.

THIRD. - When the diagnosis is made, ONDATA will inform THE CLIENT of the breakdown that the hardware has suffered, and provide an estimate of the time required to recover the data and the cost of the work to be carried out. THE CLIENT must approve such estimate in writing prior to the data recovery work commencing. If the data specified in the diagnosis cannot eventually be recovered, ONDATA will not invoice THE CLIENT for any amount in respect of the recovery work undertaken.

FOURTH. - THE CLIENT hereby authorises ONDATA, if it deems necessary for the data recovery, and to make the diagnosis, to send the hardware supplied to ONDATA’s own premises or to third party premises that are based outside the place where THE CLIENT delivered the hardware. In order to dispatch such hardware ONDATA will engage the services of a transport company, and the maximum sum insured, in the event of loss, damage or breakdown, is the sum established in section 1 of Article 3 of the current Regulations on the Law Governing Overland Transport (“Reglamento de la Ley de Ordenación de los Transportes Terrestres”). THE CLIENT hereby accepts that any claim for liability should be filed against the transport company, and that ONDATA is exonerated from all liability in that case.  
If THE CLIENT wishes to insure the value of the information contained in the hardware, or prefers to use a transport company that it knows and trusts, it should inform ONDATA thereof when submitting the hardware. Failing that, it is deemed that THE CLIENT accepts the terms and conditions referred to in the above paragraph.

FIFTH. - THE CLIENT hereby expressly authorises ONDATA to carry out on the hardware submitted any operations required to be able to make the diagnosis and recover the data requested, and THE CLEINT is hereby warned that there is a possibility that all or some of the data, which can at present be accessed, may be lost as a result of the manipulation required to carry out the commissioned task successfully. ONDATA does not accept any responsibility for such loss and will not be obliged to pay compensation as a result thereof, and hereby advises THE CLIENT that it would be appropriate to save such data elsewhere to overcome such eventuality.

SIXTH. - When the activities to recover the data are completed, ONDATA in under the obligation to send the list of the recovered files to THE CLIENT, together with the invoice for services rendered. Thereafter, THE CLIENT has a period of 3 days, and prior to collecting the hardware and the recovered data, to pay the amount of such invoice for services rendered, and meanwhile ONDATA reserves the right to withhold the hardware, and the recovered data, pursuant to the provisions of the Spanish Civil Code.

SEVENTH. - When the hardware and the recovered data is returned, THE CLIENT should search all of the files for any potential virus that may have affected the hardware sent by THE CLEINT.

EIGHTH. - Pursuant to the provisions of Data Privacy Laws, ONDATA hereby undertakes, expressly and formally, to keep strictly confidential the information that it discovers when carrying out the operations required to recover the data from the hardware supplied, and not to use such information for any purposes other than for the object of this contract.
ONDATA has adopted the technical and organisation means required in order to guarantee the security of the personal data and to avoid such data from being altered, lost, processed or accessed without authorisation, taking into account the state of the technology, the nature of the data stored and the risks to which such data are exposed, irrespective of whether such risks arise from human action or physical or natural events.

NINTH. - The parties herby submit to the Courts and Tribunals of Madrid Capital to settle any disputes which may arise in respect of the fulfilment and interpretation of the Clauses stipulated in this contract.