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Computer Forensics & Data Recovery
Apex Technology Limited UK
Tel 01785 336300 / +44 1785 336300 enquiry@apextechnology.co.uk
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| Apex
Technology - Terms and Conditions |
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WEBSITE Copyright
Our company name and our logos are subject
to copyright. Other company names and logos
mentioned on this website may be the copyright
of their respective owners. Many images
on this website are licenced from other
parties and appropriate licence fees have
been paid. All of the content featured on
this website is the copyright of Apex Technology
and its licensors and content providers,
unless otherwise stated. Such content includes
but is not limited to text, images, illustrations
and software.
WEBSITE Content
Apex Technology Limited grants permission
to electronically copy or to print in hard
copy portions of this website for personal,
non-commercial use. Any commercial use must
receive prior consent in writing from Apex
Technology Limited, which may require additional
consent from Apex's licensors and content
providers where applicable.
WEBSITE Disclaimer
Although Apex Technology ltd takes all reasonable
efforts to ensure the accuracy and validity
of the content, Apex Technology ltd will
not take any liability for and inaccuracies
or omissions it may contain. The site is
provided on an 'as-is' basis and Apex Technology
Ltd, its staff and directors, will not be
liable for any damages arising out of or
in connection with the use of this site.
WEBSITE Links to other websites
Links are provided for your information
and convenience only. Apex Technology Ltd
can take no responsibility or liability
for the content of other sites and the provision
of a link does not imply an endorsement
of any kind by Apex Technology Ltd.
DATA RECOVERY & COMPUTER
FORENSICS TERMS & CONDITIONS
1. General
1.1 Within these terms and conditions references
to "Apex" are to "Apex Technology
Limited" and "client" means
any person, company or any other party with
whom Apex enters into any contract whether
directly or indirectly. "Confidential
information" as used herein shall mean,
any electronic data, media, software, computer
hardware and firmware, supplied to Apex
for the purpose of Data Recovery. "Contract"
means any contract entered into by Apex
and the client. "Service" shall
be taken to include, but shall not be limited
to, the assessment and recovery of electronic
data from the hardware or firmware supplied
by the client.
1.2 Working days are defined as Monday to
Friday excluding public holidays, and working
hours shall be defined as 09:00 to 17:00
at Apex premises.
1.3 All reasonable efforts to meet relevant
response times by Apex are not fundamental
in nature to any contractual obligations.
2. Arrangement of Contract
2.1 Apex will commence work when confidential
information is received or when any agreed
payments received. Receipt of the item will
be taken as the client's wish for Apex to
proceed in line with quote.
2.2 Apex reserves the right to cancel the
contract without any liability to the client
when, and shall not be limited to, when
the confidential information appears to
breach any related laws or regulations.
The client shall withstand any loss, costs,
damages and/or charges incurred by Apex
in respect thereof.
2.3 The client understands that Apex does
not offer guarantees or warranties of any
kind.
2.4 The extent of Apex's liability to you
for the service, including negligence on
its part, is strictly limited to the fees
you pay Apex for its services in data recovery.
2.5 Apex will not be liable for any loss
of data, loss of revenue or profits or any
consequential damages, however caused, in
connection with any service provided by
Apex
2.6 The client understands that confidential
information you are making available to
Apex is already damaged, that data recovery
efforts can result in further damage, that
your media and/or equipment warranties may
become void and that Apex is not responsible
for this or any other type of damage.
2.7 Under the contract no other party shall
have any rights or obligations. Nor will
the said party be at liberty to take legal
action or become liable for legal action.
3. Service and Completion
3.1 Subject to provisions of 3.1.1, all
reasonable efforts shall be made to meet
the time of service and dispatch in accordance
with the contract.
3.1.1 Apex shall not be liable for any failure
or delay in the service where any circumstances
outside its reasonable control, but shall
not be limited to, industrial action, transport
delays, fire, strikes, war, shortage of
supplies, lockouts, criminal acts, government
action, extreme weather conditions, accidents,
or breakdown.
3.2 Apex only takes responsibility for the
client's confidential information when received
at Apex premises.
3.3 Responsibility for the client's confidential
information is passed back to the client
after invoice issue date for work.
3.4 Apex will, as default, return the confidential
information via Recorded Delivery Royal
Mail, unless otherwise instructed and paid
for by the Client.
4. No Recovery - No Fee
4.1 "No Recovery - No Fee" shall
mean that Apex concludes that no files are
recoverable, and therefore the client will
incur no other costs except for those stated
in 5.3.
4.2 "Recovery" will mean that
Apex concludes files are recoverable and
the client is liable for the recovery costs.
5. Payment
5.1 The return of the client's confidential
information will not commence until Apex
has received payment in full.
5.2 Although every effort will be made to
recover the data in a complete form, no
warranty shall be given to the correctness
of such data.
5.3 The client shall undertake the full
responsibility for arranging and paying
for packaging, carriage and insurance of
the client's confidential information to
Apex and back to the client, unless otherwise
agreed in writing.
5.4 Apex will not be liable for any loss
of profits or business related to the client,
directly or indirectly.
6. Confidentiality
6.1 Apex agrees to return the clients confidential
information upon the request of the client
providing it has not already been destroyed
after being found to be unrecoverable by
Apex, and due payments were settled.
6.2 Apex agrees to make no permanent copies
of, or retain any, confidential information
supplied by the client outside of any contract
term. Copies/Downloads kept in case of delivery
problems will be destroyed 7 days from invoice
date.
6.3 Subject to provisions of 6.2, confidential
information will be kept confidential and
shall not be disclosed by Apex in any manner
whatsoever, in whole or in part. This confidential
information shall not be used by Apex for
any other purpose than data recovery. Apex
agrees to transmit the confidential information
only to those officers, employees, agents
and representatives of the client for the
purpose of any contract, and agree not to
disclose the confidential information to
any other party.
6.4 The provisions of 6.3 shall not apply
to any confidential information that Apex
cannot confirm:6.4.1 At any time was in
the public domain or which afterwards became
part of the public domain through no violation
of any contract between Apex and the client.6.4.2
At any time was lawfully acquired by Apex
from others who had full rights to disclose
it to Apex.
6.5 The confidentiality statement obligations
shall be deemed to relate to the employees,
contractors and ex-employees of Apex.
6.6 If Apex is legally compelled to disclose
any part of the confidential information,
Apex may disclose such information without
any liability hereunder.
7. Provisions
7.1 If any term of this statement is held
by any court of competent jurisdiction to
be invalid or unenforceable then this statement
including all the remaining terms, will
remain in full force and effect as if such
invalid or unenforceable term had never
been included.
8. Trademarks
8.1 The trade marks and logos (the Trademarks)
used and displayed on this Site are registered
and unregistered trademarks of Apex Technology
and others and may not be used in any advertising
or other publicity materials in relation
to the distribution of any information or
materials obtained from this Site without
the prior written consent of the Trademark
owner.
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| Apex Technology Ltd ©
2003 - 2007. All trademarks & images copyright their respective owners.
See Website Terms & Conditions |
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