DATA RECOVERY SERVICE AGREEMENT

This Agreement is entered into between the undersigned client ("Client") and Progressive Computer Solutions ("PCS"), collectively referred to as the "Parties."

1. CONFIDENTIALITY OF DATA, NON-DISCLOSURE & PRIVACY OF PERSONAL DATA

We collect and use your personal information solely to update you on the status of your data recovery job, process your order, and improve our services through internal research and analysis. Your personal data will never be shared with third parties.

When you entrust your device or storage media to Progressive Computer Solutions, we ensure the confidentiality of your business or personal data at all times. Only the technicians directly assigned to your recovery case will have access to your data. Recovered data stored on our systems is encrypted to ensure privacy and protection.

After the successful recovery and your confirmation of receipt, all copies of your data will be securely destroyed within 10 business days.

2. AUTHORIZATION

The Client authorizes Progressive Computer Solutions and its agents to evaluate the submitted media to determine the extent of damage and provide an estimate for recovery. This evaluation is free of charge. No recovery beyond this evaluation will be conducted without explicit Client approval.

The Client represents and warrants that they are the legal owner or authorized representative of the data and media provided. The Client agrees to indemnify and hold PCS harmless from any legal claims related to ownership or rights to the data.

3. UNCLAIMED PROPERTY

Any media or equipment left unclaimed for over 30 days after service completion will be securely disposed of or recycled. PCS shall bear no liability for unclaimed property.

4. LIMITED LIABILITY

The Client understands that data recovery cannot be guaranteed. PCS is not responsible for the condition or existence of data on the media, nor for the functioning of the equipment before, during, or after service.

Limitation of Liability: In no event shall PCS or its contractors, employees, or agents be liable for any loss of data, profits, revenue, or any incidental or consequential damages. Total liability is limited to the amount paid for the recovery service.

PCS shall not be held responsible for any loss, damage, or delay involving customer equipment or data during shipping to or from PCS. Clients are encouraged to use trackable and insured shipping methods.

Sole Remedy Clause: If recovery is deemed unsatisfactory, PCS may, at its discretion: (a) Make an additional recovery attempt, or (b) Issue a refund of the service fee.

The Client accepts the risks inherent in data recovery, including potential damage to media, incomplete recovery, or data corruption.

5. CONFIDENTIALITY AGREEMENT

PCS agrees not to disclose any data, files, or information provided by the Client or recovered during service to any third party except its authorized employees or contractors under confidentiality agreements or as required by law.

To protect against loss during return shipping, PCS will retain a copy of the recovered data on its secure servers until the Client confirms successful receipt. Upon confirmation, PCS will securely delete all retained copies of the data.

6. PAYMENT TERMS

Payment is due after data recovery is successfully completed and verified by the Client, but before the recovered data is delivered, transferred, or made accessible to the Client.

If the Client is not satisfied with the recovery results and chooses not to accept any portion of the recovered data, no service fee will be charged. However, if PCS was required to purchase specific parts to make the device operable in order to attempt recovery, the Client remains liable for the cost of those parts, regardless of the recovery outcome.

The Client is responsible for all shipping, customs, and related charges. Accepted payment methods include major credit cards and company checks (5 business day clearance required). Personal checks are not accepted unless pre-approved in writing.

7. WARRANTY DISCLAIMER

PCS makes no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Services are provided on an “as-is” basis without guarantee.