Release of Liability – Computer Repair
1. Client acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but
not limited to, damage to client’s computer hardware, cabling, hubs, routers, switches, peripherals, and accessories, as well as
potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.
2. Client agrees to release and hold harmless FIJI IT SOLUTIONS, from all liability for damage or loss as well as any incidental or
consequential material or financial damage or loss that may result from the actions of FIJI IT SOLUTIONS, its agents or service
representatives
3. Client acknowledges that due to the nature of the services being performed, FIJI IT SOLUTIONS strongly recommends that client
safeguard critical data by backing up said data prior to any services performed by FIJI IT SOLUTIONS. Unless specifically requested
and provided as a paid service by FIJI IT SOLUTIONS, client is responsible for any backup, archiving, or protective storage as well
as restoration if required, of client’s data. Client agrees to release and hold harmless FIJI IT SOLUTIONS from all liability for
damage or loss of data.
Release of Liability – Data Recovery
1. Authorization
The client authorizes FIJI IT SOLUTIONS to conduct an evaluation of the media to determine the nature of the damage and provide an
estimate of recovery cost and timing. The evaluation is free and no work beyond this evaluation will be charged without explicit client
approval. The client authorizes FIJI IT SOLUTIONS., its employees, and agents, to receive and transport this media/equipment/data
to, from and between facilities.
2. Legal Rights
The client is the legal owner or authorized representative of the property and all data contained therein sent to FIJI IT SOLUTIONS..
Any property left with FIJI IT SOLUTIONS unclaimed for 90 days, will be disposed. At which time, FIJI IT SOLUTIONS shall have
no liability to the client or any third party.
3. Limited Liability
FIJI IT SOLUTIONS shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or
existence of data on storage media supplied before, during or after service. In no event will FIJI IT SOLUTIONS be liable for any loss
of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or
after service even if FIJI IT SOLUTIONS has been advised of the possibility of damages or loss to persons or property. FIJI IT
SOLUTIONS liability of any kind with respect to the services, including any negligence on its part, shall be limited to the contract
price for the services. Client and FIJI IT SOLUTIONS agree that the sole and exclusive remedy for unsatisfactory work or data shall
be, at FIJI IT SOLUTIONS option, additional attempts by FIJI IT SOLUTIONS to recover satisfactory data or refund of the amount
paid by the client. The parties acknowledge that the price of FIJI IT SOLUTIONS services would be much greater if FIJI IT
SOLUTIONS undertook more extensive liability. Client is aware of 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 FIJI IT SOLUTIONS, and assumes any
and all known risks of injury and property damage that may results.
4. Confidentiality
FIJI IT SOLUTIONS agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client
equipment except to employees or agents of FIJI IT SOLUTIONS subject to confidentiality agreements or as required by law.
5. Payment
Payment is due in full upon completion of successful recovery, prior to release of data (whether shipped, picked up or downloaded),
unless by special previous arrangement. The client is financially responsible for all shipping costs, custom duties and taxes to and
from FIJI IT SOLUTIONS. Checks are welcome.
6. Warranty
FIJI IT SOLUTIONS makes no warranty, express or implied, and FIJI IT SOLUTIONS disclaims any warranty of any kind, including
any warranty of merchantability or fitness for a particular purpose.
7. Agreement
The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the
Rules of the American Arbitration Association. Either party may enforce the award of the arbitrator in a Court of competent
jurisdiction. The parties understand that they are waiving their rights to a jury trial. The arbitration shall take place in the Country in
which the FIJI IT SOLUTIONS laboratory performing the services is located and the laws of the State in which such laboratory is
located shall apply.
