The client authorizes iCube Development (Calgary) Ltd. or its authorized agents to conduct an evaluation of the media sent to determine the nature of the damage and provide an estimate of the data recovery cost and turnaround. The evaluation is free and no work beyond this evaluation will be charged without explicit client approval. The client authorizes iCube Development (Calgary) Ltd., its employees, independent contractors, and agents, to receive and transport this media / equipment / data to, from and between their facilities. The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on said property. By requesting iCube Development (Calgary) Ltd. to enter into this agreement with you, as client, you declare that the foregoing representations are true and correct. You agree to indemnify iCube Development (Calgary) Ltd. for any claims against iCube Development (Calgary) Ltd. related to this data recovery. Under no circumstances is the recovery of data guaranteed.
iCube Development (Calgary) Ltd. shall not be liable as a result of this agreement or the performance of any data recovery services or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment / media or the condition or existence of data on storage media supplied before, during or after service.
IN NO EVENT WILL ICUBE DEVELOPMENT (CALGARY) LTD. OR ANY CONTRACTOR, EMPLOYEE, OR AGENT OF ICUBE DEVELOPMENT (CALGARY) LTD. BE LIABLE FOR ANY LOSS OF DATA OR LOSS OF REVENUE OR PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICE PROVIDED BY ICUBE DEVELOPMENT (CALGARY) LTD. OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES - EVEN IF ICUBE DEVELOPMENT (CALGARY) LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS TO PERSONS OR PROPERTY.
iCube Development (Calgary) Ltd. liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract price for the services. Client and iCube Development (Calgary) Ltd. agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at iCube Development (Calgary) Ltd.'s option, either (a) additional attempts by iCube Development (Calgary) Ltd. to recover satisfactory data or (b) a refund of the amount paid by the client. Client is aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of iCube Development (Calgary) Ltd., and assumes any and all known risks of injury and property damage that may result. All data recovered will be kept for a period of 7 business days after successful delivery to customer. Client will not be charged for the deletion of data from iCube Development (Calgary) Ltd. storage devices. After 7 business days, all recovered data will be destroyed and thereafter no further records will be kept.
iCube Development (Calgary) Ltd. agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment to any third parties except to employees, independent contractors, lawyers, or agents of iCube Development (Calgary) Ltd. subject to confidentiality agreements or as required by law.
iCube Development (Calgary) Ltd. makes no warranty, express or implied, and iCube Development (Calgary) Ltd. disclaims any warranty of any kind, for the services being provided or discussed hereunder. All product warranty coverage must be handled by the manufacturer after 30 days from the date of purchase.
Any property left with iCube Development (Calgary) Ltd. unclaimed for 30 days will be disposed or recycled. At which time, iCube Development (Calgary) Ltd. shall have no liability to the client or any third party.
The client agrees that prior to contacting or allowing us to perform any diagnostic or repair on your computer, it is your responsibility to back-up the data (files, softwares, or any information) stored on your computer system. You acknowledge and agree that iCube Development (Calgary) Ltd., its subdivisions, affiliates and agents shall not be responsible under any circumstance for any loss or corruption of data. At any time, we reserves the right to refrain from providing any or all services ordered and instead refund payment, wholly or in part, and shall not be responsible under any circumstance for any loss. The client must provide us with the name(s) of authorized person to direct our services and questions. Also, an adult (defined as a person who has met the age of majority) must be present at all times for us to provide any service on-site. If not available, no service will be provided and an hour of on-site service will be billed.
iCube Development (Calgary) Ltd. must receive full access to the computer(s) and/or peripheral(s) to be serviced, your consent and cooperation to enter your premises, a safe working environment with working space and electrical power. If not available, service may be denied and an hour of on-site service will be billed. We assume that all computer system and software keys are legal and legitimate. All hardware, software and peripherals are assumed to be free from defect and viruses unless clearly stated by you. Any damage arising is your responsibility and you will keep us free from any proceeding.
Under no circumstances shall iCube Development (Calgary) Ltd., its subdivisions, affiliates and agents be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, any expenses incurred, loss of profits, loss or corrupted data, or other liability arising out of, or inability to use your computer equipment, hardware, software, peripherals, or network resulting from the services provided hereunder. By requesting services from iCube Development (Calgary) Ltd., its subdivisions, affiliates, and agents you affirmatively release and hold us harmless from and against any proceedings for loss, liability, or damage that you or the owner or lessee may suffer.