ABOUT Terms and Conditions of DSR INFOTEC

Please note that the services to be rendered by Dada Sita Ram Infotec pvt. ltd (“ Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec)”) shall be subject to the following terms and conditions that:
1. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) may inspect, analyse, 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;
2. Upon payment of media analysis charge(s) or the cost / fee as agreed between Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) and its Customer, Customer may submit his / her data storage device (“Storage Media”) as requested by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) from time to time, along with completely filled Media Assessment Form (“CIS”) duly attached with the terms and conditions, requesting Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) to initiate the data recovery process. Upon receipt of Storage Media and information requested by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec),  Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) will make the reasonable efforts and use the appropriate tools and techniques to analyse the Storage Media provided by the Customer;
3. The price quotation of the data recovery process is tentative and shall be subject to change due to inherent risk involved in such process of data recovery pertaining to Storage Media. There could be delay in completing the data recovery process due to the technicalities involved in the recovery of data of Storage Media. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) would provide customer with a report / quotation for the actual recovery work;
4. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) would proceed with the data recovery process only upon receipt of written confirmation from Customer regarding the same. Upon completion of the data recovery process, Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) would send the detailed directory list in html format or text file to its Customer’s on its / his / her e-mail address registered with or provided to Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec). Alternatively, Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) at its sole discretion may provide access to its Customer through remote verification or Customer’s authorized representative might visit Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec)’s office at Gurgaon to verify the recovered data;
5. Customer shall immediately verify the recovered data not later than 2 (Two) days from the date of receipt of written communication from Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) regarding the same, failing which, Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) shall not be responsible in any manner including return of data to Customer and Customer shall be liable to make the full payment towards the cost / fee as mentioned in the analysis report. Upon verification of recovered data, Customer shall immediately sign the data verification form / or confirm verification of data recovery via e-mail, which would be binding on the Customer and it shall be presumed that Customer is satisfied with the recovery of data and will take such data in 7 (Seven) working days from the date of such email.
6. Upon the confirmation by the Customer over the verified data or upon the expiry of the aforesaid 2 (Two) days as mentioned in Clause 5 above, the Customer shall make full payment as quoted by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) via cheque / NEFT / RTGS to Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) within 3 (Three) working days along with detailed payment receipt. Upon receipt of full payment by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) as quoted in its analysis report along with the proof, it will handover or dispatch the recovered data in storage media provided by Customer for recovered data delivery (“Customer’s Storage Media for Recovered Data”).
7.: It is hereby clarified that:
7.1 Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) shall in no event responsible for any damage caused to Customer’s Storage Media for Recovered Data post-dispatch or handover of Customer’s Storage Media for Recovered Data to Customer by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec);
7.2 Until the payment is made in full by Customer, Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) shall not be obligated to handover or deliver the recovered data to Customer notwithstanding anything contrary contained in these Terms and Conditions.;
8. any Storage Media and / or data unclaimed or left with Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) with / or without full payment after 60 days from the date of signing CIS  or submission of job will be disposed at discretion of Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) and would release Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) from any obligation including confidentiality provisions, if any, related to the Storage Media and / or data and Customer ceases the right of ownership of that Storage Media;
Acknowledgement by the Customer:
Customer acknowledges that the Storage Media being given to Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) may be damaged prior to its receipt by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec). In spite of processing the received crashed Storage Media with best of available technology and processes, the effort may result in the destruction of further damage to the Storage Media. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) regret that it will not assume any responsibility for any further damage that may occur to the Customer’s Storage Media. This is to be noted that Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) is only committing to reasonable efforts with its existing technology and techniques, however, Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) cannot promise or guarantee of any particular result.
Confidentiality:
Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) 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. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) will ensure   reasonable measures to prevent unauthorized disclosure of Customer’s data of the same degree as ensured by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) in protecting its own confidential organization. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) will not disclose this information to any person(s) except to the authorized representative/contact person of the customer as per required by law. Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) being global organization. Customer hereby agrees to the transfer of information and/or media to its other location for the sole purpose of fulfilling agreement.
 Upon realization of data recovery charges Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) will ensure wiping beyond recovery the data within 7 working days, which will release Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) form confidentiality of data.
No warranties: Disclaimer of all warranties
Customer agrees to avail Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) data recovery services, at it own risk . Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) do not extend any express, implied, statutory warranty or condition for any good service and specifically disclaims all implied warranties including any implied warranty or condition of merchantability, warranty of fitness for a particular purpose of warranty of accuracy arising from the usage of trade course of dealing or performance.
Customer Declaration
Customer hereby declares that the data residing inside the media submitted for data recovery does not have any commercial value nor its readily saleable in the open market.
Limitation of liability and Damages
In no circumstances Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) will be liable to any indirect damages whatsoever. The total liability of Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) to the customer under this service agreement shall in no circumstances exceed the media cost as per market value.
Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) 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  Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) free media/data pickup and drop service between Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) and Customer location and any movement of media /data that is sent to any Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) designated data recovery facilities by a Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) customer service location. This limitation remains irrespective of the fact whether the media and/or data handled by Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) employees or an outsourced agency.
Customer’s Representation and Indemnification
Customer certifies to Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec)  that is the legal owner of, and/or has the right to be in possession of ,the device media and/or data furnishing to Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) for data recovery and its collection, processing and transfer of such device , media and/or data in compliance with data protection laws to the Customer/is subject and Customer will defend at its own expense indemnify and hold  Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) harmless against any damages or expenses that may occur including attorney’s fee and pay any cost, damages or attorney’s fees declared against 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 Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) data analysis services, data recovery services, imaging ,cloning , statuary charges and any other charges that are payable in advance  or at the time of delivery or accrued  to Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) on any default by the customer at any stage/ communication during the data recovery process within 30 working days from the date of media/ case getting “unclaimed status” as mentioned in the quotation.
Customer that Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) may charge interest on all amount not paid within 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 Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) for availing /purchasing any of the services/product is irrevocable.
Compliance with Laws
The parties 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 the subject matter. No provision 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.
Severability
If any clause of this agreement is held invalid, illegal or unenforceable, such provisions shall be enforced to fullest extent permitted by applicable law and the validity, legal status and enforceability of the remaining clauses shall not be affected thereby.
Demurrage Charge & Disposal Policy
Customer ceases the right ownership of his/her media if the media is left unclaimed at Dada Sita Ram Infotec Pvt. Ltd.(DSR Infotec) premises for 60 days either from the date of media receipt in case of all unconfirmed media of from the date of listing being sent to customer. However, to the first 15 days there will be no demurrage charges applicable, from the 16th day till 60th day demurrages charges of Rs200 per media per day will be levied. To ensure data confidentiality of the customer 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 sent on E-waste zone periodically as a part of contribution to safer and green environment.
Dispute Settlement
All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of competent courts in the State of Haryana. I have read and understood terms and conditions set out in this agreement and agree to abide by it.
Date :                                                                                                                      Signature:
Shipping Instructions:
1. Wrap your media in anti-static bubble wrap, anti-static bag and place in a box twice the size of media.
2. In addition to media, box should be filled with foam or crumpted newspaper that allows no movement and should be able to sustain jerk during transit.
3. Include the company filled Media Assessment Form in the box, for timely assessment of the job. Incomplete CIS may cause administrative as well as technically day in the process of data recovery.
4. Seal the box and paste the shipping address, along with source address at the back of the box.