These terms and conditions govern all products and services provided by IT FIXED LIMITED ("IT Fixed") and its customers ("Customer").
1. Engagement
The Customer has informed IT Fixed that the device has encountered a failure and data recovery/repair is required. The Customer represents that the data is its property and engages IT Fixed to use reasonable efforts to identify and address the issue. IT Fixed agrees to recover data and provide any other services agreed upon between the parties via email or SMS. The Customer is liable for all charges incurred.
2. Confidentiality
IT Fixed shall only use the information provided by the Customer to fulfil the Engagement. The company will make diligent efforts to maintain the confidentiality of the Customer's information. IT Fixed must disclose if any child pornography found as required by law.
3. Payment
Full payment must be made online before the laptop is collected or access to recovered data is granted. Data/computer release is subject to receipt of payment.
4. Assessment Fees
IT Fixed will diagnose the root cause of the issues and provide a report on problems and the associated repair/recovery costs. If the Customer proceeds with repair/data recovery, diagnostics are complimentary. However, if the Customer decide not to repair/data recovery with us after the assessment, a diagnostic fee of $157 (excluding GST) will be charged for the assessment time.
5. Urgent Repair Fees
Please note that work required to be completed with urgency will attract a 25% premium to the fee as we will need to prioritise your work over other clients’ work.
6. Acknowledgement of Equipment/Data Condition
The Customer acknowledges that equipment/data/media may have been damaged before IT Fixed's involvement. The Customer recognizes that IT Fixed's efforts, or those of its suppliers, to complete the Engagement might lead to further damage or destruction of equipment/data/media. IT Fixed and its suppliers assume no liability for additional damage resulting from its efforts.
The customer understands that, even though our success rate is extremely high, data recovery cannot be guaranteed. There are cases where no data at all can be recovered or only some of the data can be recovered.
The customer understands that a hard drive, SSD, mobile phone, tablet, USB flash drive, memory card, or any other electronic device may fail at any time – even while in possession of IT Fixed Data Recovery. The customer shall not hold IT Fixed Data Recovery responsible in any way for any such failure.
In no event will a staff of IT Fixed Data Recovery be liable for any loss of data, damage to the device, loss of revenue or profit, or any other consequence of the service provided.
IT Fixed Data Recovery will not be held liable if your device has any additional data loss due to any work done by our staff, e.g. a mobile phone that is reset/erased or a hard drive that is erased. Everything we do is done safely and our staff follow strict procedures to ensure everything possible is done to recover your data without the risk of any data loss/additional problems. But in the event of any mistake or human error, IT Fixed Data Recovery will not pay any compensation or provide any financial payment to the customer.
7. No Warranties; Disclaimer
IT Fixed and its suppliers provide no warranties or conditions, whether explicit, implicit, statutory, or arising from any communication. IT Fixed and its suppliers disclaim any implied warranty of merchantability or fitness for a specific purpose, arising from trade usage or performance.
8. Limitation of Liability
Neither IT Fixed nor its suppliers shall be liable for any damages, including but not limited to data loss, loss of business profits, business interruption, or other financial losses, arising from the Engagement, even if they were advised of the possibility of such damages. The Customer acknowledges that estimated and actual fees consider this limitation of liability. The total liability of IT Fixed and its suppliers shall not exceed the total sums paid by the Customer.
9. Keeping Your Stuff
If you leave something with us for over 45 days, we might get rid of it. We're not responsible if we do.
10. Changing Your Mind
If you say yes to the repair/data recovery and then change your mind, you won't get your money back. We'll stop and return your device without extra cost. If you didn't pay yet, we'll ask for half of the repair cost you agreed to. For example, if the repair/data recovery was $1000 and you canceled after we started, you owe $500.
11. Governing Law
This Agreement shall be governed by and construed by the laws of New Zealand. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.