Terms & Conditions

Engagement.

Customer has advised CBL that it has been unable to recover certain data, which the Customer represents to be its property, and engages CBL to use its best efforts to identify said problem (if not already identified), and use its best efforts to retrieve said data, or portion thereof, and to provide such other services as may be agreed to between the Customer and CBL in writing from time to time. CBL’s estimated charges may not be sufficient to complete the recovery within the Engagement, and the customer agrees to be fully responsible for all charges incurred by CBL in respect of completing the same unless the Customer has limited such liability in writing prior to CBL commencing its work. Charges will be incurred only in respect of work authorized in writing by the Customer.

Confidentiality.

CBL will use any Information provided by the Customer only for the purpose of fulfilling the Engagement and will use its best efforts to hold the Customer’s Information in the strictest confidence. CBL may disclose Information to the extent required by law.

Confidentiality shall not apply to any information which entered the public domain through no fault of CBL; which was known to CBL prior to receipt from the Customer; which is disclosed to CBL by a third party (other than employees or agents of either party); which in making such information available to CBL is not a violation of any confidentiality obligation to the disclosing party; which is independently developed by CBL without recourse to the Customer's information; or which is illegal.

Payment.

Payment will be processed upon successful completion of the recovery. Payment must be received before data can be released. We accept the following payment methods (Credit Card, Wire Transfer, Payment Plan, PayPal, Check, and PO), taxes may apply. Please contact us with questions concerning our payment options.

Acknowledgment of Existing Conditions.

The Customer acknowledges that the equipment/data/media may be damaged prior to CBL’s receipt, and the Customer further acknowledges that the efforts of CBL and/or its suppliers to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. CBL, for itself and its suppliers, does not assume responsibility for additional damage that may occur to the Customer’s equipment/data/ media during, or as a result of, CBL’s efforts to complete the Engagement.

Unpaid Charges; Security Interest.

In the event that there are any unpaid charges, the Customer grants CBL a security interest in and to the equipment/data/media to secure the payment of the charges incurred hereunder, which if unpaid, shall after the due date bear interest at the rate of 2% per month (24% per annum). Any items which have not been claimed and/or paid for within thirty (30) days after the date of completion of the Engagement, will be considered abandoned by the Customer and may be disposed of (including all equipment/media containing data) at the sole discretion of CBL. The proceeds of such disposition to be used toward satisfaction of CBL’s account after payment of all expenses of disposition.

No warranties; Disclaimer of All Warranties.

CBL, for itself and its suppliers, makes no warranties or conditions for any goods or service, either express, implied, statutory, or arising from any communication with the Customer. CBL, for itself and its suppliers, specifically disclaims any implied warranty of merchantability or fitness for a particular purpose arising from usage of trade in the course of dealing or performance.

Limitation of Liability, Limitation of Damages.

In no event will CBL or its suppliers be liable for any damages whatsoever, including, without limitation, damages for loss of data; loss of business profits; business interruption, or other pecuniary loss; or incidental, consequential, or indirect damages arising from the Engagement even if CBL or any authorized representative has been advised of the possibility of such damages. The Customer acknowledges that the estimated and actual fees and charges reflect this limitation of liability and allocation of risk. The total liability of CBL or its suppliers to the Customer under this agreement shall in no event exceed the total sums paid by the Customer.

The Customer's Representation and Indemnification.

The Customer warrants to CBL that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to CBL; and the Customer will defend, at its expense, indemnify, and hold CBL harmless against any damages or expenses that may occur (including reasonable legal fees), and pay any cost, damages, or attorney’s fees awarded against CBL resulting from the Customer’s breach of this section.

Uncontrollable Circumstances.

Either party’s performance of any part of this agreement shall be excused to the extent that such performance is hindered, delayed, or made impractical by: (a) the acts of omissions of the other party; (b) flood, fire, strike, war or riot; (c) unavailability of parts or software; (d) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of either party.

Upon the occurrence of any such event(s), the party whose performance is so affected shall notify the other party of the nature and extent of the event(s) so that decisions to mitigate the negative effect(s) of any such event(s) may be promptly made.

Miscellaneous.

The parties agree that this agreement shall be construed and the relations of the parties shall be determined in accordance with the laws of the State of Georgia provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. The place of adoption of this Agreement is deemed to be the principal place of business of 3505 Koger Blvd, Suite 330 – Duluth, GA – 30096. Any revision or modification of this Agreement shall be effective only if it refers to this Agreement, is in writing, and is signed by an authorized representative of each party to this agreement.

Agreement.

Email electronic signatures for this Agreement and any subsequent exhibits are effective to bind the signing party and are admissible in any court and/or for any lawful purpose. This Agreement, together with any exhibits or attachments, constitutes the entire Agreement between the parties in relation to this subject matter.