SERVICE AND CONFIDENTIALITY AGREEMENT
FIRST. - The following Terms and Conditions, together with any other conditions that may be established, govern the legal relationship derived from the procurement process formalised by THE CLIENT through ONDATA’s website. THE CLIENT fully accepts this terms and conditions in the version published by ONDATA at the time THE CLIENT hired the services and/or bought the products THE CLIENT was interested in. Therefore, THE CLIENT agrees to read carefully this terms and conditions of contract before engaging in a new procurement process as the terms might have been modified since the last time THE CLIENT had read them.
The client declares that the device belongs to the client or, failling that, that the client has the authorization needed to proceed with the requested work.
These conditions do not exclude the possibility that some products and/or services available on the website may be provided under different terms and conditions, in which case, they will be made available to THE CLIENT.
SECOND. – By accepting the following conditions THE CLIENT declares that:
a. THE CLIENT is a person with legal capacity to enter into a contract.
b. THE CLIENT has read and accepted these terms and conditions.
c. THE CLIENT will have access always and in every case to the conditions of contract prior to hiring the services. This conditions will always be available in a durable medium.
THIRD. - The diagnosis will be carried out by ONDATA gratuitously for all devices.
The external case of some external hard disks, due to its design, can not be opened without being altered. In this case, the case will not be able to be mounted again after the diagnosis/recovery phase. THE CLIENT will still receive all the pieces that made up the storage device.
FOURTH. - When the diagnosis is made, ONDATA will inform THE CLIENT of the breakdown that the hardware has suffered, and provide an estimate of the time required to recover the data and the cost of the work to be carried out. THE CLIENT must approve such estimate in writing prior to the data recovery work commencing. If the data specified in the diagnosis cannot eventually be recovered, ONDATA will not invoice THE CLIENT for any amount in respect of the recovery work undertaken.
FIFTH. - THE CLIENT hereby expressly authorises ONDATA to carry out on the hardware submitted any operations required to be able to make the diagnosis and recover the data requested, and THE CLIENT is hereby warned that there is a possibility that all or some of the data, which can at present be accessed, may be lost as a result of the manipulation required to carry out the commissioned task successfully. ONDATA does not accept any responsibility for such loss and will not be obliged to pay compensation as a result thereof, and hereby advises THE CLIENT that it would be appropriate to save such data elsewhere to overcome such eventuality.
SIXTH. - THE CLIENT hereby authorises ONDATA, if it deems necessary for the data recovery, and to make the diagnosis, to send the hardware supplied to ONDATA’s own premises or to third party premises that are based outside the place where THE CLIENT delivered the hardware. In order to dispatch such hardware ONDATA will engage the services of a transport company. In the case of loss or damage, the maximum liability limit will be determined in acordance with the procedure laid down in paragraph 1 of Article 3 of the current Spanish Law of Road Transports.
If THE CLIENT wishes to insure the value of the information contained in the hardware, or prefers to use a transport company that it knows and trusts, it should inform ONDATA thereof when submitting the hardware. Failing that, it is deemed that THE CLIENT accepts the terms and conditions referred to in the above paragraph.
SEVENTH. - Once the hardware and the recovered data is returned, THE CLIENT is advised, as a security measure, to make a backup copy of the recovered data. THE CLIENT will have up to seven calendar days to check the recovered data. If THE CLIENT makes no claims during that period, it is implied that the service performed has been accepted and the job completed, no further claims will be accepted after that.
In addition to that, ONDATA will keep a copy of the recovered data in one of its servers for FIFTEEN (15) calendar days. If it were not possible to keep a copy, the original device will be kept for 15 days, unless THE CLIENT asks to have the device sent before that deadline.
In those cases in which the recovered data is downloaded via FTP, ONDATA will keep the information stored in their FTP servers for 15 days from the date the email with the download login details was sent. After this period, ONDATA will delete the data from their servers.
EIGHTH.- In case the quote is not approved by THE CLIENT or THE CLIENT does not reply in writing or in case the data cannot be recovered, THE CLIENT will have up to SIXTY (60) calendar days from the date of issue of the quote to collect the device. After that, ONDATA will erase the data from its servers and destroy the storage device. THE CLIENT will not be entitled to claim the storage device after this period of time.
NINTH. - THE CLIENT acknowledges that ONDATA and/or its Suppliers’ liability will not exceed, under any circumstance, double the amount paid by THE CLIENT to ONDATA or, when applicable, double the amount stated in the data recovery quote provided by ONDATA to THE CLIENT or double the amount that, in similar occasions, ONDATA would charge for that data recovery service. Also, THE CLIENT declares that the commercial and/or personal value of the data contained in the storage device does not exceed THREE THOUSAND EUROS (3,000€).
TENTH. - Pursuant to the provisions of the Organic Law 15/1999 of December 13th on PERSONAL DATA PROTECTION,
ONDATA hereby undertakes, expressly and formally, to keep strictly confidential the information that it discovers when carrying out the operations required to recover the data from the hardware supplied, and not to use such information for any purposes other than for the object of this contract.
ONDATA has adopted the technical and organisation means required in order to guarantee the security of the personal data and to avoid such data from being altered, lost, processed or accessed without authorisation.
THE CLIENT must notify ONDATA if the damaged device contains personal data that is specially protected (health, ideology, union membership, religion, beliefs, sex life and racial origin), so that ONDATA can adopt the appropriate security measures.
ELEVENTH. - The parties hereby submit to the Courts and Tribunals of Madrid to settle any disputes which may arise in respect of the fulfilment and interpretation of the Clauses stipulated in this contract.