The services provided by Flashback Data, LLC. (“Flashback Data”) for the customer will be conducted under the following terms and conditions.

  1. This agreement is for evaluation and possible subsequent recovery of data from the aforementioned media to determine necessary data recovery services which may be provided for the Customer listed above by Flashback Data.
  2. Flashback Data will complete the evaluation and provide the Customer with a fixed fee quote to complete the attempted recovery, unless the Customer declines the job before the evaluation is complete. The recovery fee does not include destination media, taxes, and/or shipping fees. Flashback Data will not incur expenses beyond the evaluation without written consent by the Customer. Customer understands that quoted turnaround times are based on averages and can be lower or higher depending on each situation.
  3. Customer understands that the media/data/equipment is damaged or otherwise unusable and that Flashback Data may further damage media/data/equipment in the process of evaluation or recovery, and agrees to hold Flashback Data harmless for any loss or harm to the condition of such media/data/equipment and releases Flashback Data of all liability for any claim for loss or damages to the media/data/equipment caused by efforts of Flashback Data to retrieve data, or otherwise.
  4. Customer represents that it is in lawful possession of all data, media, and/or equipment made available to Flashback Data, and that possession of such property is not forbidden by any local, state or federal law.
  5. Evaluation is free of charge unless: a) the device has been previously opened or b) has any damage resulting from fire or flood. A non-refundable $100 fee applies if this criteria is not met. A non-refundable evaluation fee for each media to be analyzed is due upon receipt of the media where applicable.
  6. Recovery of data is not guaranteed or warranted in any way by Flashback Data. Each item of media/data/equipment which will be returned to Customer shall be on an “as is” basis without any warranties, express or implied, and specifically excluding any implied warranty of merchantability and fitness for a particular purpose, or for loss or damage thereto in transit or while in Flashback Data’s possession. Flashback Data shall not be liable to Customer for any act or omission of Flashback Data which is the cause of loss or injury to Customer or any third party. Notwithstanding any other provision of this Agreement to the contrary, the Flashback Data’s total liability to Customer arising out of this Agreement and/or the termination hereof for any losses, claims, costs or damages arising out of any cause whatsoever, whether at law, in equity or otherwise, shall in no event exceed the total amount actually paid by the Customer to Flashback Data in respect of Services performed hereunder. IN NO EVENT SHALL FLASHBACK DATA BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR GOODWILL, HOWEVER, CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT FLASHBACK DATA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
  7. Neither this Agreement, nor any Supplemental Services or other Exhibit hereto, may be added to, modified, superseded or otherwise altered except by a written instrument signed by Flashback Data and Customer.
  8. Customer understands that Flashback Data may print Customer’s Company Name in Flashback Data’s marketing materials or website as a previous client while not disclosing any details related to work done in this agreement.
  9. Recovered data shall be delivered to client upon payment in full for the services. Data/equipment/media unclaimed or otherwise abandoned at Flashback Data’s location in excess of 14 days may be disposed of at Flashback Data’s discretion. Flashback Data will not be responsible for data/equipment/media left in its possession beyond 14 days.
  10. In the unlikely event that a dispute arises between Customer and Flashback Data, RELATED IN ANY WAY TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
  11. Flashback Data will keep all information that complies with Paragraph 4 above confidential.