www.Critical-Recovery.com
Data Recovery/Password Removal
Disclosure Agreement
(With Confidentiality Provisions)
The undersigned customer
("Customer") is the registered owner of a QuickBooks program (the
"Program"), and hereby requests Critical-Recovery.com
("Critical-Recovery") to perform data recovery and/or supply
unlocking Key Codes for the password removal utility and/or the accountant’s
copy utility (the "Services") with respect to Customer's Program. As
an inducement to Critical-Recovery.com to perform the requested Services or
supply the ordered Key Codes, Customer hereby represents, warrants and agrees
as follows:
1. Customer is
the registered owner of the Program and is the owner of the Program data that is
or will be made available to Critical-Recovery.com, by disk or electronic
transfer, in order to perform the Services, and all data that may be retrieved
by Critical-Recovery.com or made available to Customer as a result of the
Services. Customer is the registered owner of the Program and is the owner of
the Program data that is or will be used with the downloaded utilities and
unlocking Key Codes purchased from Critical-Recovery.com The undersigned Customer agrees to defend, indemnify and
hold Critical-Recovery.com harmless with respect to any breach of Customer's
representations and warranties contained in this Agreement. If Critical-Recovery.com has reason to suspect that
Customer may not be the owner of the Program or the data that is the subject of
this Agreement, Critical-Recovery.com is hereby authorized to cease performing
the Services and supplying utilities and utility unlocking Key Codes, without
liability to Customer, to retain possession of the data until ownership of the
Program and the data are established to Critical-Recovery.com’s reasonable
satisfaction.
2. Customer
and Critical-Recovery.com acknowledge and agree that the Program may contain
information considered confidential (the "Confidential Information")
by Customer and that Critical-Recovery.com will have access to such information
in connection with the performance of the Services. Confidential Information
does not include information that (a) was in Critical-Recovery.com 's
possession before receipt from Customer; (b) is or, through no fault of
Critical-Recovery.com, becomes a matter of public knowledge; (c) is rightfully
received from a third party without a duty of confidentiality; (d) is
independently developed by a third party; or (e) is disclosed by Customer to
Critical-Recovery.com with written approval to disclose.
3.
Critical-Recovery.com will perform the Services as soon as practical after the
effective Date, as defined below. Customer acknowledges that the Services can
typically be performed within the times set forth in the table in Section 6 of
this Agreement, but that additional time may be needed by Critical-Recovery.com
to complete the services due to circumstances beyond its control.
4.
Critical-Recovery.com will notify Customer, by e-mail, when the Services are
complete and the recovered or password-free data files are ready for retrieval
by Customer. Critical-Recovery.com will supply Customer of purchased unlocking
key Codes, by e-mail. Customer must retrieve the data files by downloading them
within 10 days after notice of completion of the Services is given.
Critical-Recovery.com will delete all Customers' data files after said 10 days.
5.
Critical-Recovery.com’s sole liability, and Customer's sole remedy, for any
loss suffered by Customer arising in connection with the Services will be a
refund of the fees paid by Customer for the Services. Under no circumstances
will Critical-Recovery.com be liable to Customer for consequential damages.
6. Customer
agrees to pay Critical-Recovery.com for the Services performed on each of
Customer's files at the following rates. Customer hereby authorizes
Critical-Recovery.com to charge such amounts to Customer's credit card that is
identified below.
Service Price per File Service Delivery
Date **
Password Removal unlocking Key Code $30,
Emailed to customer within
12 Hours from receipt of all required
files, forms, and billing information.
Backup Damage Recovery $350 2 business
day, average turnaround time
Express Backup Damage Recovery $500 12
hour average turnaround time
Data Recovery $300 2 business day, average
turnaround time
Express Data Recovery $450 12 hour average
turnaround time
The Service Delivery Dates as
noted above will be measured beginning on the Effective Date as long as all
Customers’ data and this Agreement are received by Critical-Recovery.com no
later than
7. This
Agreement constitutes the entire agreement between the Parties as to the
subject matter hereof, superseding, all previous communications and
negotiations, whether written or oral. All additions or modifications to this
Agreement must be made in writing and must be signed by both Customer and
Critical-Recovery.com.
8. This
Agreement is made under and shall be construed according to the laws of the
State of
9. This
Agreement, if signed by Customer, and Critical-Recovery.com’s covenants
hereunder will become effective on the date (the "Effective Date") on
which Critical-Recovery.com receives this Agreement and Customer's Program data
at Critical-Recovery.com’s offices in