The services you are requesting will be performed under the following terms and conditions. This is the complete agreement between you and Prizal Sdn Bhd. |
| 1. |
You hereby engage Prizal Sdn Bhd to use all commercially reasonable efforts to determine the existence and extent of recoverable data on your media (“Evaluation”) and retrieve and/or provide access to your recoverable data (“Data Recovery”). |
| 2. |
Information contained in your data/media (“Client Information”) will be used by Prizal Sdn Bhd only for the purpose of fulfilling this Engagement, and will otherwise be held in confidence by Prizal Sdn Bhd. These confidentiality obligations shall not apply to any information which enters the public domain through no fault of Prizal Sdn Bhd, which was known to Prizal Sdn Bhd prior to receipt from you, which is disclosed to Prizal Sdn Bhd by a third party (other than employees or agents of either party) which to Prizal Sdn Bhd’s knowledge in making such information available to Prizal Sdn Bhd is not in violation of any confidentiality obligation to you, which is independently developed by Prizal Sdn Bhd without recourse to the Client Information, or which is used by Prizal Sdn Bhd in any legal process. You acknowledge that Prizal Sdn Bhd may keep record copies of its deliverables and the data/media received from you under this Agreement. This confidentiality agreement may be breached by Prizal Sdn Bhd at any time, when Client Information is found to contain data such as child pornography or information that is detrimental to national security. |
| 3. |
You acknowledge that the media/data/equipment you are making available to Prizal Sdn Bhd is already damage, that data recovery efforts can result in further damage, and that Prizal Sdn Bhd is not responsible for this or any other type of damage, including damage to or failures by equipment or media furnished by Prizal Sdn Bhd. |
| 4. |
You warrant and represent and warrant to Prizal Sdn Bhd that you are in lawful possession of all data, media and/or equipment you make available to Prizal Sdn Bhd, and that you have a lawful purpose to engage Prizal Sdn Bhd for the Engagement. If you are requesting any Deletion services of any kind whatsoever, you hereby warrant and represent that such data is not involved in any current or anticipated legal proceeding, investigation or government inquiry. You agree to indemnify and hold Prizal Sdn Bhd harmless from any and all claims, liabilities, costs (including attorneys’ fees) and damages of any kind related to this Service Agreement. |
| 5. |
Prizal Sdn Bhd will not be liable for any damages whether direct, indirect, incidental, consequential, special punitive, or exemplary (including, without limitation damages for loss of business profits, business interruptions, loss of business information or data, and the like) arising out of the services or deliverables provided hereunder, even if Prizal Sdn Bhd has been advised of the possibility of such damages. |
| 6. |
Please note all items opened (cases, laptops, workstations, etc) may void all manufactures warranties. All hard drives tested may void manufactures warranties. |
| 7. |
Prizal Sdn Bhd will store your data for 7 days after your recovery has been completed. After such 7 day period, Prizal Sdn Bhd will delete your data. We can remove data sooner at customer request. |
| 8. |
In the event you decide not to have your media returned, or you fail to provide payment, the media/equipment will become the property of Prizal Sdn Bhd 14 days after any evaluations or recovery attempts have been completed. |
| 9. |
Prizal Sdn Bhd’s Recovery Process: |
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| a. |
Data recovery process requires an upfront of RM 50 as evaluation fee. This includes testing and evaluation to verify whether or not data can be recovered. It will be subtracted from the recovery fee.
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| b. |
Please state if you require Emergency Recovery Service. There will be an additional charge. Prizal Sdn Bhd will put you on top of our priority until the job is complete.
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| c. |
After evaluation, Prizal Sdn Bhd will verbally or email a quotation and initial report to inform you on your media status. Once we receive your consent to proceed, we will start in the recovery process. In the event you do not want to proceed; we will only return your media.
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| d. |
Any consent required of either party will be effective if provided in a commercially reasonable manner, which includes without limitation email or facsimile, and/or verbal authorization if followed by written confirmation at the earliest possible opportunity.
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| e. |
Concurrent to the recovery process, Prizal Sdn Bhd will send you an Invoice. At this point, cancellation fee is 100%.
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| f. |
Should you data deemed completely “Unrecoverable”; Prizal Sdn Bhd will reimburse the evaluation fee of RM 50 and return your media. “Unrecoverable” means there is mechanical failure or severe data corruption in the media that precludes access to any data on the media by any means within Prizal Sdn Bhd’s capability. This definition does not apply in cases where ‘desired’ data is not present.
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| g. |
Recovered data will be delivered once full payment is received. All data obtained will be transferred onto storage media of your choice which you will provide or purchase.
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