These terms constitute the entire agreement ("Agreement") between the purchaser of the services described herein ("Customer or Client") and Ni-Ki Data Recovery Services ("Ni-Ki"). By engaging Ni-Ki Data Recovery Services to provide the services, Customer agrees to this Agreement.

Authorization

The client authorizes Ni-Ki Data Recovery Services to evaluate once we receive media to our Lab to determine the nature of the damage and provide an estimate of recovery cost and timing. The evaluation is free and no work beyond this evaluation will be charged without client’s approval.
Manufacturer Warranty

The client agrees that during the process of data recovery it may be necessary to break the seals on the media, thereby voiding the manufacturers warranty.
Legal Rights

The client is the legal owner or authorized representative of the legal owner of the property and all data contained therein sent to Ni-Ki Data Recovery Services. Any property left with us unclaimed for 45 days, will be disposed. At which time, Ni-Ki Data Recovery Services shall have no liability to the client or any third party.
Trade Secrets

Ni-Ki Data Recovery Servicess will not share for any reason the processes or techniques used for data recovery as these are trade secrets learned over time at our offices/labs. If service has been canceled by client after service has begun we will not disclose what attempts have been made. Data recovery services and all methods used to repair, recover and deliver data will be kept strictly confidential.
Limited Liability

Ni-Ki Data Recovery Services shall not be liable 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 we be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Ni-Ki Data Recovery Services has been advised of the possibility of damages or loss to persons or property. Ni-Ki Data Recovery Services 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 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 Ni-Ki Data Recovery Services, and assumes any and all known risks of injury and property damage that may results.

The Client understands that Data Recovery cannot be guaranteed.

All data recovered will be kept for a period of 7 days after successful delivery to customer. No charge will be made in the destruction of data. Data will be destroyed and thereafter no further records will be kept.
Post Warranty Instructions

In case of Logical Recovery, Client’s media would be returned back.

For physically damaged Disks, it has to be opened in our Lab. In such type of cases, extra charges would be applicable for re-assembling of Client’s media to its replacement stage.
Shipping Damage

Damage to any product / packaging or contents must be reported to us in a timely manner, or within one week. Ni-Ki Data Recovery Services cannot file a claim on behalf of a customer for shipping damages, customer must sign off to proper carrier that caused the damage. Ni-Ki Data Recovery Services is not responsible for lost media or media sent improperly. Shipping devices such as hard drives or media cards incorrectly is your responsibility in all cases. If a shipment is lost or damaged or returned to you with something missing it is not the responsibility of Ni-Ki Data Recovery Services. Ni-Ki Data Recovery Services will not track/insure/signature request delivery packages unless by request specifically in writing by the client/customer before shipment is made/sent/managed/handled. These shipping arrangements & tracking requests must be requested before the case is started.

Shipping during Holidays is the senders responsibility to understand that the dates surrounding major holidays may present a problem where items are not delivered on time or are delayed in being received. It is not a responsibility of Ni-Ki Data Recovery Services for these types of issues.
Confidentiality

Confidentiality of clients data and information are the top concerns at Ni-Ki Data Recovery Services. We understand that the data stored in various storage media have tremendous business value. At the same time, they can be confidential and sensitive too. Ni-Ki Data Recovery Services assures its customers that their data will be protected from third party access at any instant of Data recovery process. We understand that if data leakage occurs, the organizations won’t come to us the next time they need to retrieve data.

Ni-Ki Data Recovery Services agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees subject to confidentiality agreements or as required by law.

Ni-Ki Data Recovery Services endeavors to take all reasonable precautions to protect the condition and confidentiality of your data while in our possession.

Business Associations, Government bodies and organizations whose data is successfully recovered by Ni-Ki Data Recovery Services provide Ni-Ki Data Recovery Services the right to use for promotional purposes their respective copyright protected logos and/or names. If any such business Associations, Government bodies or organization does not wish to allow Ni-Ki Data Recovery Services use their respective copyright protected logo and/or name for promotional purposes, Ni-Ki Data Recovery Services will remove the copyright protected logo and/or name immediately upon request.
Payment

Payment is due in full upon completion of recovery, prior to release of data.
Purchaser acknowledges that all fees relating to data recovery service are final, no refund will be permitted under any circumstances.
The client is financially responsible for all shipping costs, custom duties and taxes to and from Ni-Ki Data Recovery Services.
Warranty

Ni-Ki Data Recovery Services makes no warranty, express or implied, and also we disclaim any warranty of any kind, including any warranty of merchantability or fitness for a particular purpose.
Copyright, Trademark and Website Terms and Conditions Review

The materials contained at this website are owned and copyrighted by Ni-Ki Data Recovery Services, reproduction in whole or in part without permission is prohibited.

This site may contain links to other websites operated by third parties. You acknowledge that Ni-Ki Data Recovery Services neither endorses nor is affiliated with the linked site and is not responsible for any content that appears on the linked site.

Ni-Ki Data Recovery Services does not control or regularly review the messages, information or files delivered to Forum or Blog Boards However, Ni-Ki Data Recovery Services has the right, but not the obligation at its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content which Ni-Ki Data Recovery Services deems to be objectionable or in violation of our Terms and Conditions.

Any rights not expressly granted herein are reserved.
Agreement

This Agreement shall be governed in all respects by and constructed in accordance with the laws, subject to Vadodara,(Gujarat, India) jurisdiction. The Client agrees to pay all judgments, fines, fees, costs, expenses & attorneys' fees incurred in any legal proceedings against Ni-Ki Data Recovery Services.