JET DATA TERMS OF SERVICE
Last updated 3/2023 V2
Jet Data and any agents it employs to fulfill its obligations under this Agreement acknowledge that any materials or information provided by the Customer or accessed by Jet Data in the course of carrying out its duties, including but not limited to software, hardware, technical and system profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses, and other identifying information about individuals and businesses, financial information, insurance, and other know-how or information relating to the Customer (collectively referred to as “Customer Information”) are the property of the Customer. As such, Jet Data and its agents shall use and view the Customer Information only within the scope of their rights and responsibilities under this Agreement, and shall not disclose it to any third party without prior written approval from the Customer.
However, the obligations of confidentiality set forth in this Section shall not apply to information and materials: (1) that are or subsequently become publicly available without any breach of duty by Jet Data or its agents; (2) that were known to Jet Data prior to the Customer’s disclosure, other than any information or materials obtained from Jet Data’s agents or affiliates subject to confidentiality obligations in favor of the Customer or that do not fall within the exceptions described herein; (3) that Jet Data obtains from a source other than the Customer, other than by breach of an obligation of confidentiality owed to the Customer; (4) that Jet Data independently develops without reference to or use of the Customer Information; or (5) in the case where the Customer Information contains illegal data such as child pornography or information detrimental to national security.
Jet Data agrees to use the Customer Information solely to provide services under this Agreement and not for any other purpose. Business entities, government entities, and organizations whose data is successfully recovered by Jet Data provide Jet Data the right to use their respective copyright-protected logos and/or names for promotional purposes. If any of these entities do not wish to allow Jet Data to use their copyrighted material for promotional purposes, Jet Data will remove the material immediately upon request.
Jet Data agrees to implement and maintain reasonable and customary security measures to safeguard Customer Information, including requiring employees with access to such information to comply with the confidentiality requirements of this Section. The Parties acknowledge that it may be necessary for the Customer to share Customer Information with Jet Data to meet its obligations under this Agreement. With respect to the sharing, use, and protection of Customer Information, Jet Data agrees to:
- Hold in strict confidence any Customer Information obtained during the course of this Agreement
- Not disclose Customer Information to any affiliated or non-affiliated person, firm, or corporation except as necessary to provide services under this Agreement or as required by law.
- Ensure that any third party contracted by Jet Data to provide services under this Agreement agrees to hold Customer Information in strict confidence and not disclose it to any person unless required by law.
- Return all Customer Information to the Customer upon request or termination of this Agreement.
- Comply with applicable privacy laws and regulations, including but not limited to the Gramm-Leach-Bliley Act, Public Law 106-102 (1999) as set forth in 15 U.S.C.A. § 6801, and as amended to comply with any changes in such laws and regulations.
Customer represents and warrants to Jet Data Inc. that it either owns or has the legal right to possess all equipment, data, and media provided to Jet Data Inc. under this Agreement. Customer shall indemnify, defend and hold Jet Data. harmless from any damages, expenses, including reasonable attorney fees, and pay any cost, damages or attorney fees awarded against Jet Data Inc. or Steve’s Computer Repair as a result of Customer’s breach of this representation and warranty. Furthermore, Customer acknowledges that Steve’s Computer Repair is an intended third-party beneficiary of this Agreement.
This Agreement represents the complete understanding between the Parties and may only be amended in writing and signed by both Parties. The Parties agree that this Agreement will be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any equipment, data, or media supplied to Jet Data under third party contracts shall be returned to the third party within 45 days of the closure of Customer’s data recovery case unless the Customer purchased the Keep Your Hard Drive Option from the third party.
Jet Data makes no warranties or conditions, either express or implied, with respect to any goods or services provided to Customer, including any implied warranties of merchantability or fitness for a particular purpose. Jet Data disclaims any and all warranties, including those arising from usage of trade, course of dealing, or performance.
Terms and conditions
This Agreement, comprising these terms, represents the complete and exclusive understanding between Jet Data Incorporated (“Jet Data”) and the purchaser of the services described herein (“Customer”). By requesting Jet Data to provide the services, Customer acknowledges and accepts this Agreement.
The services provided by Jet Data and/or its partners or subcontractors shall include but not be limited to inspecting, evaluating, and identifying the issue (if not previously determined); retrieving, or reducing the damage to, the equipment/data/media; and/or any additional services as requested by Customer from time to time.
Jet Data hereby affirms and declares to the Customer that it is an independent contractor and shall exercise control and direction over its employees when providing services. This Agreement does not establish a partnership between the Parties or authorize either Party to act as a general agent of the other. Neither Party has the power to make contracts, commitments, statements, or representations on behalf of the other Party, except as outlined in this Agreement.
Customer acknowledges and agrees to the payment terms set forth herein, and hereby authorizes Jet Data to invoice and collect payment for all sums due and owing, as determined from time to time by Jet Data, for the provision of services and related expenses, including but not limited to shipping and insurance costs, charges for parts, media, and off-the-shelf software utilized in connection with the provision of services, and any other actual expenses incurred by Jet Data in connection with the provision of services. Customer further acknowledges and agrees that, unless otherwise expressly agreed to in advance by Jet Data, all such sums are due and payable in advance of the provision of services, and may be paid by company check, bank money order, or credit card. Jet Data reserves the right to suspend or terminate provision of services in the event that any payment is not received by Jet Data when due, without liability to Customer or any third party for any damages or losses resulting from such suspension or termination.
Limitation of Liability
Customer acknowledges and agrees that the equipment/data/media may have been damaged prior to its receipt by Jet Data, and further acknowledges that Jet Data’s efforts to complete the services may result in the destruction or further damage of the equipment/data/media. Jet Data regrets that it cannot assume any responsibility for any additional damage that may occur during its efforts to complete the services.
In no event shall Jet Data be liable for any indirect damages whatsoever, and shall not be held liable for damages caused by viruses, worms, Trojan horses or any other similar malware. Similarly, any third party shall not be held directly or indirectly liable to Customer or any damage, loss, cost or injury arising out of the services performed by Jet Data. The total liability of Jet Data to Customer under this Agreement shall not exceed the total sums paid by Customer to Jet Data.
Jet Data guarantees that its data recovery work will not void manufacturer warranties, and that its warranty seals are accepted by every major storage manufacturer. In the unlikely event that a manufacturer rejects Jet Data’s warranty seals, Jet Data will compensate the customer for the replacement cost of the storage device, up to a maximum of $100. Customer must provide proof of warranty rejection to be eligible for replacement compensation.