The client authorizes Ever Higher or its designee to conduct an evaluation of the media sent 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 the client’s explicit approval. The client authorizes Ever Higher, its employees, contractors, and agents, to receive and transport this media/equipment/data to, from and between their facilities. The client hereby represents, warrants, and affirms that he, she, or it is the owner or the authorized representative of the owner of the property and all of the information and data stored on the property.
Ever Higher shall not be liable as a result of this agreement, or the performance of any data recovery services, or evaluation of the possibility of providing data recovery services, for any claims regarding the physical functioning of equipment OR media or the condition or existence of data on storage media supplied before, during or after service. The client understands and accepts that data recovery cannot be guaranteed and is not promised or guaranteed. Some data cannot be recovered. In no event will Ever Higher or any contractor, employee, or agent of Ever Higher be liable for any loss of data or loss of revenue or profit or any special incidental, or consequential damages, however caused, in connection with this agreement or any service provided by Ever Higher or its agents, contractors, or employees; even if Ever Higher has been advised of the possibility of damage or loss to persons or property.
Ever Higher 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 Ever Higher agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Ever Higher’s option, either (a) additional attempts by Ever Higher to recover satisfactory data or (b) a refund of the amount paid by the client. The parties acknowledge that the price of data recovery services would be much greater if Ever Higher undertook more extensive liability or promised additional remedies. 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 Ever Higher, and assumes any and all known risks of injury and property damage that may result.
Confidentiality and Warranty
Ever Higher agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client equipment except to employees, contractors, lawyers, or agents of Ever Higher subject to confidentiality agreements or as required by law. Ever Higher makes no warranty, express or implied, and Ever Higher disclaims any warranty of any kind, for the services being provided or discussed hereunder.
The parties shall submit all disputes relating to this Agreement or to either party's performance hereunder, or any nature whatsoever, to arbitration, including but not limited to tort, contract, statutory, or equitable in accordance with the Rules of the Singapore Government law, except that any claim in connection with Ever Higher seeking equitable relief in connection with Ever Higher’s intellectual property rights may be brought in court rather than in arbitration. 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 as to issues covered by this arbitration agreement. The arbitration shall take place in Singapore, and the laws of the State of Singapore shall apply.