Consent and Agreement
By submitting our data recovery service request form online, Customer agrees to the terms and
conditions described below. This Agreement, together with any exhibits or attachments, constitutes the
entire Agreement between the parties in relation to this subject matter, and is admissible in any court
and/or for any lawful purpose. Approval of this Agreement through e-mail and by selecting the “Agree”
button via online submission from our website shall also be legally binding.
Customer authorizes Konicom to conduct data recovery on the media sent to Konicom.
Given that the media sent to Konicom may already be experiencing condition(s) that cause
media malfunction and/or unreadable data, Konicom is not responsible for any further damage
to the media that may occur during the data recovery process.
While Konicom promises to exhaust all efforts in recovering data from the media sent to us, we
do not guarantee that every recovery attempt is successful.
A quote will be provided prior to the action of data recovery. No work will be performed without
the Customer’s explicit approval.
Charges for a fully successful data recovery are based on time and effort spent on recovery process, not on quantity of data recovered.
Customer is to verify their recovered data at checkout as no refunds will be issued once the data leaves our premises.
- If data is 100% recovered but Customer wants only a portion of the data, the full price will still be charged.
- If we can only recover a portion of the pertinent data, Customer can choose to accept or decline the data. If accepted, charge
is based on the percentage of the recovered data, not the size of data being picked up.
- If we cannot recover any pertinent data, there will be no charge.
If Konicom is able to show any data recovered after receiving Customer’s approval but
Customer declines service completion due to any reason, there will be a $300 charge to
Customer to cover our data recovery efforts.
Media opened up during data recovery procedures and tested with data recovery tools
may void all manufacturer warranties.
Customer is to choose the type of devices to receive recovered data. CDs and DVDs
do not incur additional charges. CD and DVD media are not covered under any
warranty. Data is only provided to the customer in CD’s or DVD’s if the data recovered
is less than 4.7GB. If the recovered data is greater than the 4.7GB, the customer must
provide media of equal or greater size of the content recovered.
Recovered data will be deleted from Konicom’s systems two weeks after the data is delivered to
Customer, unless notified otherwise.
Payment is due in full before recovered data can be shipped or picked up, unless special
arrangements have been made prior to recovery.
Customer is responsible for the cost of shipping their media to Konicom. Konicom will pay for the
cost of standard return shipping. For expedited shipping or other shipping and handling costs,
Customer is responsible for the additional costs incurred.
Konicom will make every effort in contacting Customer for data and original media pickup. Any
unclaimed property left with Konicom for over 30 calendar days after the completion of service
will be completely destroyed without Customer's consent. Konicom shall have no further
liabilities to Customer.
All terms of this agreement are subject to change at any time according to Konicom’s discretion.
Customer will be notified upon any changes in our terms and conditions within 30 calendar days
after the completion of service.
All recovered data and customer information are confidential. Customer or representative of customer is
the legal owner of the media and all data contained in the media. "Confidential information" is defined as
data and information relating to the business operation and individual privacy. Konicom respects your
privacy and agrees not to disclose any and all information or data files supplied with, stored on, or
recovered from customer media except to employees or technicians of Konicom.
Konicom ensures the security of recovered data stored in our system by taking all reasonable and
prudent steps necessary to protect Customer's information. While no security measure is foolproof, we
believe that we have implemented a system that is as safe as today's technology permits. Since we
realize the importance of protecting your data and privacy, we will continue to evaluate new technologies
and make improvements as these technologies become feasible. All media is safely stored in lockers
which are only accessible by our recovery engineers and staff.
Upon in-store pickup, Customer or their Representative needs to show the work order before receiving
Limited Liability and Indemnification
With regard to the data recovery services to be performed by Konicom pursuant to the terms
of this agreement, Konicom shall not be liable for any claims regarding the physical
functioning of the media and/or the condition and/or existence of data stored on the media
Konicom shall not be liable for loss of Customer's media and data contained in the media
due to theft, hate crimes, terrorism acts, fire, acts of God, or natural disasters of any kind.
Konicom’s replacement liability shall be limited to providing the customer with blank media
similar to Customer’s media with comparable capacity.
To the maximum extent permitted by applicable law, in no event shall Konicom be liable for
any direct, indirect, punitive, incidental, special, consequential damages to the media, loss
of data and loss of revenue or profits before, during or after the data recovery services
herein provided by Konicom.
Customer is aware of the inherent risks of damage to media that is involved when
undergoing the data recovery process, including, but not limited to, risks due to destruction
or damage to the media and/or data stored arise from opening up media and/or parts
exchange, or inaccurate or incomplete data recovery including those that may result from
the negligence of Konicom, and/or inability to recover all data from a media. Customer shall
assume responsibility for any and all known property damage that may result.
Due to the nature of electronic devices and data recovery business, some "URGENT"
recovery services may take longer than expected. Konicom only provides approximation of
delivery timeframe and is unable to guarantee delivery time for "URGENT" requests.
"URGENT" only means that Konicom agrees to put this request as a top priority.
Konicom's 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.
Konicom shall not be liable to Customer or to any person or entity that may claim any right
due to their relationship with Customer, for any acts or omissions in the performance of said
services on the part of Konicom except when said acts or omissions of Konicom are due to
the sole negligence or willful misconduct by Konicom.
Customer agrees to indemnify and hold Konicom and its officers, agents, and employees,
harmless from all active and/or passive liability, loss, damage, claims, suits and actions of
every type arising out of Konicom's performance of this contract for any actual or alleged
personal injury, death, property loss, violation of patent right, or any other damage sustained
or claimed to have been sustained by any person, corporation or legal entity, including
employees of Customer.
Customer's agreement to indemnify and hold Konicom harmless includes but is not limited
to all attorneys' fees and incidental loss incurred by Konicom or its officers, agents or
employees as a result of any such claim, suit or action.
Upon Konicom's demand to defend every such claim, suit, or action brought or made
against Konicom, or its officers, agents, or employees, Customer shall pay all costs,
expenses, attorney's fees, and incidental loss and any other damage attributable to such
defense, whether or not such defense is actually undertaken by Customer.
If Konicom brings any suit, action or cross-complaint to compel performance of the
indemnification and hold harmless provisions of this contract, Customer shall pay to
Konicom the reasonable attorney's fees incurred by Konicom, in addition to Konicom's costs
of suit and the amount of any judgment obtained by Konicom as a result of such suit, action,
DISPUTE RESOLUTION AND JURISDICTION: Both Customer and Konicom shall
endeavor to meet and confer to resolve any dispute or difference arising from this
Agreement by mutual discussion. In the event both parties are unable to resolve a dispute,
the parties shall seek Mediation, Arbitration, and court proceedings in Sacramento County if
necessary. This Agreement shall be governed by the laws of the State of California.
This Agreement constitutes the entire Agreement between the parties in relation to this subject matter,
and is admissible in any court and/or for any lawful purpose. Approval of this Agreement through e-mail
and by selecting the “Agree” button via online submission from our website shall also be legally binding.