The following terms and conditions (the “Terms”) govern Client’s ordering, purchase, or receipt of data recovery services
(the “Services”) provided by TeraDrive Inc. TeraDrive Inc. reserves the right to make changes to these Terms at any time.
Acceptance of Terms: By using the Services of TeraDrive Inc., the client agrees to be bound by and accept these
Terms. Please read these Terms in its entirety, as these terms set forth herein comprise the entire agreement between
Client and TeraDrive Inc. with respect to the Services.
Authorization: The client authorizes TeraDrive Inc. and its employees or delegates to evaluate, access and attempt recovery of
the electronic storage device submitted to TeraDrive Inc.
Confidentiality: TeraDrive Inc. commits to maintain the confidentiality of the materials provided to it. The information recovered
will not be used for any purpose and will be destroyed within one month after supplied to the end customer unless
instructed otherwise. The information will not be disclosed to any third party, except as required by law.
Diagnostics, Estimates and Recovery Processes: TeraDrive Inc. will evaluate the electronic storage device to determine
whether digital information can be recovered and will provide a quote and projected turnaround time. The cost of our service will be
determined by the complexity of the work to be performed, the time taken to recover the media and the parts/equipment required.
If the client accepts the quote provided, TeraDrive Inc. will commence the recovery process. TeraDrive Inc. will apply its best
efforts and expertise to recover the data but cannot commit to the recovery of data. During the recovery attempts, the electronic
storage device may sustain additional damage, which may render all or part of the data unrecoverable. The client confirms that he/
she is aware that the media transmitted to TeraDrive Inc. may be damaged or the information on it has already been deleted
without the ability to recover. The client confirms that TeraDrive Inc. has no responsibility for the deterioration of the media status
or deletion of information from the media for any reason. TeraDrive is not responsible for any damage that may result from the loss
of data in its possession.
Payment: Upon successful recovery, TeraDrive Inc. will contact the client for further steps. It is hereby clarified that the full
compensation for the service must be paid before the data is released to the client. If the entire amount due for the service is not
paid, TeraDrive Inc. reserves the right to withhold the data recovered until such payment is provided, or to destroy the data
retrieved after a reasonable amount of time, without this being considered a breach of contract between the client and between
TeraDrive Inc. and without invoking any right of claim for the refusal to perform the work or any part thereof. If TeraDrive Inc. is
unable to recover the data, there will be no charge, and no fees will be due unless agreed otherwise beforehand with the client.In
case the client provides TeraDrive Inc. with a target disk to which the restored material will be copied, it is the clients’ responsibility
to confirm that the drive is free of data. TeraDrive Inc. is not responsible for any previous information on the target disk.
Delivery and Shipping: TeraDrive Inc. is not responsible in any way as per the equipment or information sent to or from the
client. The responsibility for shipping to TeraDrive Inc. and from TeraDrive Inc. is of the client’s only, even if TeraDrive Inc. pays the
shipment charges. If the client is interested in insuring the shipment, he/she is responsible for providing TeraDrive Inc. with such
notice. TeraDrive Inc. will forward an insured shipment quote to the client and will hold for approval before executing the shipping.
Recycle of electronic storage device: upon clients request or if a quote is not confirmed and the electronic storage device is not
claimed or collected back by the client within thirty (30) days, the client shall be deemed to have abandoned it and waived their
rights with respect to it, including any right of claim of any kind.
Legal rights: The client declares to TeraDrive Inc. that he/she is the legal owner or the authorized representative of the legal
owner of the electronic storage device. The client declares that he/she has the legal right to submit the electronic storage device
and the data on it to TeraDrive Inc., to have the data recovered and to receive the recovered data; and to agree to these Terms.
The client will defend and indemnify TeraDrive Inc. (including our directors, officers, employees, and contractors) from any claims
or actions relating to the device, media, or data, or your rights or lack of rights thereto.
Disclaimer of Warranties: TERADRIVE INC. PERFORMS THE SERVICES “AS IS” WITH ALL FAULTS, AT YOUR SOLE RISK. WE DO
NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES REGARDING OUR SERVICES
OR THEIR RESULTS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY STATUTORY
WARRANTIES THAT CANNOT BE EXCLUDED, TERADRIVE INC. EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR
WARRANTY OF ACCURACY OR COMPLETENESS.
Limitation of Liability: TeraDrive Inc. shall not be liable for any claims as a result of the performance of Services, or evaluation of the possibility of providing the Services, for any claims regarding the physical functioning of equipment or media or the condition or
existence of data on storage media supplied before, during or after Services. The client understands and accepts that data recovery
cannot be guaranteed and is not promised or guaranteed by TeraDrive Inc. In no event will TeraDrive Inc. or any contractor,
employee, or agent of TeraDrive Inc. be liable for any loss of data or loss of revenue or profit or any special incidental, or
consequential damages, however, caused, in connection with this agreement or any Services provided by TeraDrive Inc. or its
agents, contractors, or employees; even if TeraDrive Inc. has been advised of the possibility of damage or loss to persons
or property. The client acknowledges 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 TeraDrive Inc., and assumes any and
all known risks of injury and property damage that may occur. In no event will TeraDrive Inc. be liable for loss of data on Client’s
media or hardware.
Governing Law: The validity, interpretation, construction and performance of our Services will be governed by and construed under
the laws of the province of British Columbia.
Severability: If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced
to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be
affected thereby.