SDSCOPE DATA RECOVERY SERVICES TERMS AND CONDITIONS
Effective 5 April 2020
1. These terms and conditions ("Terms") govern the supply of Data Recovery Services to you by Softclick Investments (Private) Limited, registered in the Republic of Zimbabwe, trading as SDscope, ("SDscope", "Us", "We"). By using the data recovery services (“Service”, "Services") to be provided by us to you, you are agreeing to these terms below. Please read them carefully.
2. You can contact us by telephoning or sending a WhatsApp message to +263 77 341 9956, or by writing to us at Softclick Investments, 6th Floor Batanai Gardens, 57 Jason Moyo Avenue, Harare, Zimbabwe or by completing the contact form available at the "Contact Us" link here.
3. Service Process
3.1 Submit details of your data loss via the form on our data recovery service webpage here.
3.2 Deliver your data storage device or media ("Device") to our office. We will use the information you provided in 3.1 above and reasonable efforts to determine what data is accessible on the device and the amount of data (if any) likely to be recoverable on the device using our existing technology and processes. We will then provide you a quotation setting out the actual recovery work and services and applicable fee ("Quotation").
3.3 If you accept the quotation, we will apply our existing technology and standard processes and use reasonable efforts to recover your data. Note that the actual time to recover data will depend on the size of the data and transfer speed of your device.
3.4 If we are able to successfully recover your data in accordance with the quotation, we will inform you and charge you for the services. We will only release your data and your device to you only when you have fully paid for the Services and related costs.
3.5 If we are unable to recover any data, we will inform you accordingly and not charge you for the Services and return your original device. In case of USB external hard disk drives the casings are removed during the recovery process and may be discarded.
3.6 Any device or data not collected due to non-payment will be disposed of at our discretion after 30 days from the date we inform you of completion of services. You release SDscope from any obligation related to the device and confidentiality and value of data.
4. You represent to SDscope that
4.1 You are legally capable of entering into binding contracts in your jurisdiction of residence;
4.2 You are the legal owner or the authorized representative of the legal owner of the device and data;
4.3 You have the legal authority to (a) agree to these terms, (b) deliver the device and its contents to us, (c) use our services, and (d) receive the recovered data;
4.4 All the information you provide to us in connection with the service is true, accurate, complete and not misleading;
4.5 The data on your device does not breach applicable law;
4.6 The data on your device does not infringe the Intellectual Property rights of any third party;
4.7 You will defend and indemnify us (including our directors, officers, employees and contractors) from any claims or actions relating to the device or data, or your rights or lack of rights thereto.
5. We reserve the right to request documentary evidence of your ownership or legal right to authorize the services and to suspend or not commence the services without receipt of such evidence.
6. By submitting your device(s) to us you are authorizing SDscope and its contractors to test, evaluate, access, (attempt to) recover and process the device(s).
7. You acknowledge that your device and/or data may already be damaged prior to our receipt of them, and that our efforts to provide the services may result in further damage to, or destruction of, your device and/or data. You will not hold us liable for such damage, further damage or destruction as well as invalidation of any warranties. We advise that, to the extent possible, you should attempt to back up any available data before delivering your device to us.
8. All communications relating to recovery of your data, including quotations, notices and invoices, will be done via email, SMS and/or WhatsApp text message using the contact details you provide to us via the online form unless you request, in writing, to receive such communications otherwise.
9. We provide the services “as is” with all faults, entirely at your risk. We make no warranties, representations, or guarantees regarding our services or their results. To the maximum extent permitted by applicable law, we do not claim any implied warranty or condition, including any implied warranty of merchantability, warranty of fitness for a particular purpose, or warranty of accuracy or completeness. Whilst we will use reasonable endeavors to provide the services, we cannot and do not promise any particular results, nor do we guarantee that any data will be recovered.
10. You will not hold us liable for any harm or loss of business, however caused, that may result from our performing the services, regardless of the legal theory on which they may be asserted (including, without limitation, contract, breach of contract, and tort), unless you prove that we caused the damages intentionally.
11. To the maximum extent permitted by applicable law, the amount of our liability will not exceed the total price you actually pay us for the services.
12. Your exclusive remedy for unsatisfactory work or data will be, at our option, additional attempts by us to recover satisfactory data at additional cost to you.
13. In the event of a dispute related to the services, the parties will attempt to resolve the dispute through good faith negotiation. If good faith negotiation fails, then the dispute will be submitted to final and binding arbitration with the Africa Institute of Mediation and Arbitration (AIMA) in Harare. Each party will bear their own costs in arbitration regardless of the outcome of the arbitration.
14. If any clause of these terms and conditions shall be found to be invalid, illegal or unenforceable, such clause shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining clauses shall not be affected thereby.
15. These terms are subject to change from time to time and without notice to you. It is your responsibility to check the frequently. Changes made to the terms after you have submitted your device to us for performance of services will not affect the services related to that device.
16. You must provide true, accurate and complete information about yourself and your data loss as prompted by the request form, including, without limitation, your name, address, email address, name of your organization and mobile telephone number, as applicable. You agree that we may share some or all of this information with our contractors in performing the service.
17. These terms are governed by the laws of the Republic of Zimbabwe.
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