CIN : U72300DL2006PTC147288 | Registered Office: 205, Skipper Corner, 88, Nehru Place, New Delhi - 110019, Email: firstname.lastname@example.org
The Service Agreement
Customer agrees that Stellar Information Technology Pvt. Ltd. (”Stellar”) and/or its suppliers may inspect, analyze, identify the problem, and /or recover or minimize the damage to, the equipment/data/media and/or provide other relevant services as may be requested by the Customer.
Upon payment of media analysis charge or as agreed between Stellar and Customer, Customer may submit his/her data storage device or media to Stellar along with completely filled MAF to initiate the data recovery process and Stellar will engage reasonable efforts and appropriate tools and techniques to analyze storage device or media for possibility of data recovery. Due care would be taken while estimating the recovery percentage/possibility, however, same are subject to change due to inherent risk involve in the job. Stellar would provide Customer with a report/quotation for the actual recovery work. On receiving confirmation by e-mail or facsimile from Customer, Stellar would proceed with the data recovery process and on completion would send the detail directory list in text file to Customers e-mail address registered with Stellar or alternatively Customers representative may visit Stellar and can verify the data. Upon verification of recovered data the Customer need to sign Data Verification Form/Job Satisfaction Note, which would be binding on Customer that he/she will take the data in 30 working days. Customer not responding to our communication and/or quotation and /or directory listing and /or verification form within 15 days from the date of receiving communication/quotation/directory listing/ verification will move device and/or media and/or data in unclaimed section.
On receipt of agreed data recovery charges/signing of credit facility format/work order payment term/rate contract payment term, Stellar would dispatch the data in appropriate media followed by Customer's crashed storage media/disk or as requested.
Any device, media and /or data unclaimed or left with Stellar with or without full payment after 60 days from the date of signing MAF or submission of Job will be disposed at discretion of Stellar and would release Stellar from any obligation of confidentiality related to the device, media and/or data and Customer ceases the right of ownership to that media.
Acknowledging Existing Conditions
Customer acknowledges that the device and/or media being given to Stellar may be damaged prior to its receipt by Stellar. In spite of processing received crashed storage media with best of available technology and processes, the efforts may result in the destruction of or further damage to the device, media and/or data. Stellar regret that it will not assume any responsibility for further damage that may occur to the Customer's device, media and/or data. Please note that Stellar is only committing to reasonable efforts with its existing technology and techniques however Stellar cannot promise or guarantee particular results.
Stellar will use any information contained in the device and /or media only for the intended purpose and will otherwise keep such information disclosed by the Customer under this agreement in the strict confidence. Stellar will ensure reasonable measures to prevent unauthorized disclosure of Customer's data of the same degree as ensured by Stellar in protecting its own confidential information. Stellar will not disclose this information to any person(s) except to the authorized representative/contact person of the Customer or as required by law. Stellar being global organization, Customer hereby agrees to the transfer of information, device and/or media to its other locations for the sole purpose of fulfilling the agreement.
Upon realization of data recovery charges Stellar will ensure wiping beyond recovery the data within 7 working days, which will release Stellar form confidentiality of data.
No warranties; Disclaimer of all warranties
Customer agrees to avail Stellar data recovery services, at its own risk. Stellar do not extend any express, implied, statutory warranty or condition for any good or service and specifically disclaims all implied warranties including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose or warranty of accuracy arising from the usage of trade or course of dealing or performance.
Customer hereby declares that the data residing inside the media submitted for data recovery does not have any commercial value nor it is readily saleable in the open market.
Limitation of Liability and Damages
In no circumstances Stellar will be liable for any indirect damages whatsoever. The total liability of Stellar to the Customer under this service agreement shall in no circumstances exceed the media cost as per market value.
Stellar would not be responsible for any loss, damage or theft of media and/or data while it is in transit including but not limited to Stellar's free media/data pickup and drop service between Stellar & Customer location AND any movement of media/data that is sent to any of Stellar's designated data recovery facilities by a Stellar customer service location. This limitation remains irrespective of the fact whether the media and/or data is handled by Stellar's employees or an outsourced agency.
Customer's Representation and Indemnification
Customer certifies to Stellar that it is the legal owner of, and/or has the right to be in possession of, the device, media and/or data furnishing to Stellar for data recovery and its collection, processing and transfer of such device, media and/or data is in compliance with data protection laws to the Customer/is subject and Customer will defend at its own, expense, Indemnify and hold Stellar harmless against any damages or expenses that may occur including attorney's fee and pay any cost, damages or attorney's fees declared against Stellar resulting from Customer's breach of this section.
Terms of Payment
Customer hereby agrees to pay all sums as agreed within specified time limit, which will typically include charges for availing Stellar data analysis services, data recovery services, imaging, cloning, statuary charges and any other charges that are payable in advance or at the time of data delivery or accured to Stellar on any default by the Customer at any stage/communication during the data recovery process within 30 days from the date of media/case getting “unclaimed status” as mentioned in the quotation.
Customer agree that Stellar may charge interest on all amount not paid within an agreed time mentioned in quotation at the rate of 1% per week.
Customer hereby agrees & indemnifies that the work order/ PO/ confirmation being placed to Stellar for availing/ purchasing any of the services/ product is irrevocable.
Compliance with Laws
The parties agree that this agreement shall be governed by laws and regulations of the country where our registered office is located. You agree to comply with all applicable laws, statues, ordinances and regulations of the country. This agreement, together with any exhibits or other attachments, constitutes the entire agreement between the parties in relation to this subject matter. No provisions in either party's work order or in any standard business form/communication by either party will apply even if accepted by the other party.
If any clause of this agreement is held invalid, illegal or unenforceable, such provisions shall be enforced to the fullest extent permitted by applicable law and the validity, legal status and enforceability of the remaining clauses shall not be affected thereby.
Demurrage Charges & Disposal Policy
Customer ceases the right of ownership of his/her media if the media is left unclaimed at Stellar premises for 60days either from the date of media receipt in case of all unconfirmed media or from the date of listing being sent to customer. However for the first 15 days there will be no demurrage charges applicable, from the 16th day till 60th day, demurrages charges of Rs.200 per media per day will be levied. To ensure data confidentiality of the customer data for all the media which are not claimed by the customer irrespective of the recovery results the media would be sent to our Central Depository for physical destruction of the platter thus ensuring data confidentiality which in turn are send to E-waste zone periodically as a part of contribution to safer and green environment.
Diagnosis fee is fee for analyzing your media device, and is nonrefundable. This will not be adjusted in your actual data recovery fee. In case you had used any third party software or window encryption your media device, or it found to be in tampered state, diagnosis fee will vary. We'll communicate final diagnosis fee to you, once we receive your device. Your initial payment of Rs. 599 will be adjusted in your final diagnosis fee.
All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of competent courts in the State of Delhi.