1. Data Recovery Process
1.1
Open Data Rescue agrees to make every reasonable effort to recover data from faulty data media provided by the Customer.
1.2
Customer acknowledges that the data recovery process involves procedures that may alter the original condition of the media. Open Data Rescue will take precautions to maintain the integrity of the media but shall not be liable for any changes in its condition that occur during the recovery process.
1.3
Customer understands and accepts that some procedures involved in data recovery are irreversible, and Open Data Rescue shall not be held responsible for any unintended consequences resulting from these procedures.
2. Data Protection
2.1
Open Data Rescue will make reasonable efforts to protect Customer's data from unauthorized access or disclosure. However, due to the complex nature of data recovery processes, Open Data Rescue cannot guarantee that data will not be leaked or compromised.
2.2
Open Data Rescue shall not be held responsible for any leakage of Customer's data to the public, regardless of the cause, including but not limited to breaches in security protocols or third-party interference.
3. Cost Estimation and Approval
3.1
Open Data Rescue will provide Customer with an estimated cost for data recovery services before the commencement of work.
3.2
In cases where the actual cost of recovery is equal to or less than the estimated cost, Open Data Rescue reserves the right to proceed with the recovery process without obtaining further approval from the Customer.
3.3
If the actual cost of recovery exceeds the estimated cost, Open Data Rescue will promptly inform the Customer of the revised cost and obtain explicit approval before proceeding with the recovery process.
4. Limitation of Liability
4.1
In no event shall Open Data Rescue be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use or performance of the data recovery services provided under this Agreement.
4.2
Customer agrees to indemnify and hold harmless Open Data Rescue from any claims, losses, damages, liabilities, or expenses (including legal fees) arising out of or in connection with Customer's use of the data recovery services.
5. Governing Law
5.1
This Agreement shall be governed by and construed in accordance with the laws of Australia.