Terms of Service
Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms govern the provision of any computer support services/hard drive/storage medium/cellphone (“Services”) provided by Data Lab
Data Lab provides you with access to and use of the Services subject to your compliance with the Terms. Data Lab reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that you are at least 18 years old and that you have the right, capacity and authorization necessary to legally bind yourself to these Terms.
Authorization to Access your Computer, Storage Mediums & Cell Phones
You acknowledge that by your use of the Services you are authorizing Data Lab to access and control your computers, storage mediums and cell phones for the purposes of diagnosis, service and repair.
In connection with delivering the services Data Lab may download and use software, gather system data, take control of your computers, storage mediums and cell phones and access or modify your computer settings. By accepting these terms, you hereby grant Data Lab the right to connect to your computers, storage mediums and cell phones to download, install and use software on your computer to gather system data, repair your computer, take control of your computer and change the settings on your computer while performing the services.
Any verbal quote given by Data Lab is given as a guide based on limited information provided by a customer. A verbal quote is intended to give the customer an estimate on the price and not an assurance that the product or service will be sold at that price.
Any written quote will be provided by Data Lab at that price. All written quotes are valid for only 7 days. Once work commences, after a technician has evaluated the system, should it appear that the cost to repair is more than quoted, no work will commence without explicit client approval.
The client is the legal owner or authorized representative of the legal owner of the property and all data and components contained therein sent to Data Lab. You must be the owner, or have the permission of the owner, for us to work on your equipment. We will only take instructions for work from the owner or their designated representative.
If equipment is left with Data Lab and is not collected within sixty (60) days after we notify you that the requested service is complete, we will treat your equipment as abandoned and becomes the sole property of Data Lab. You agree to hold Data Lab harmless for any damage or claim for the abandoned property, which we may discard at our sole discretion. Any and all charges are still your responsibility.
Onsite ServicesOnsite Services
For in-home or in-office services, you agree to provide full access to computer systems, systems, peripherals or software, cell phones and storage mediums that are to be serviced and that electrical power, network connectivity and a safe, climate controlled work environment is provided along with full co-operation and access to enter your home or business to perform services.
A person of at least 18 years of age must be present during the entire period services are provided. If no adult is present when our technician arrives, services will be denied and a cancellation charge equal to one hours work onsite will be assessed.
Data Lab may need to download and or run software on your personal computer, storage mediums and cell phones to help diagnose and resolve your technology problem. Data Lab may need to reinstall software that was included as part of the devices original configuration.
You agree that we may download and utilize Software from third party web sites or CDs and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software.
Data Recovery Data Retention
While Data Lab will make all reasonable efforts to store data obtained through our data recovery service for up to seven days, you understand and agree that it is your responsibility to ensure all data provided to you is of your complete satisfaction at time of payment. You also understand and agree that Data Lab will not be held responsible for any data lost before, during or after our services.
Backup Services & Potential Data Loss
While Data Lab will make all reasonable efforts to safeguard the contents (data) stored on your computer, you understand and agree that prior to contacting or allowing Data Lab to perform diagnostic, repair, or other services on your computers, storage mediums or cell phones, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives if you so desire. You acknowledge and agree that Data Lab and/or its third-party service provider shall not be responsible under any circumstances for any loss, alteration, or corruption of any software, data or files
If you do not have a backup of your software and data, we can provide you with our data backup service at an additional cost. However, we cannot guarantee the integrity of the data when backing up.
Data Lab agrees not to disclose any and all information or data files supplied with, stored on, or recovered from client's equipment except to employees or agents of Data Lab subject to confidentiality agreements or as required by law.
Data Lab can supply manufacturer specific upgrades or spare parts on request. Please note however that we cannot guarantee compatibility with your current system or configuration. Data Lab will offer suggestions and advice on upgrades but is not liable for any compatibility issues.
Data Lab offers the following warranty periods:
No warranty is offered for data recovery.
Equipment is only covered for faulty workmanship on parts, and for parts that fail due to manufacturing defects recognized by the component manufacturer. In the event that the Warranty parts are not available the client will be informed of the delay and the revised expected repair time. Warranty repairs are carried out under the terms of the manufacturer warranty conditions. Warranty parts are supplied by the equipment manufacturer.
If a warranty repair is found to be outside of the warranty terms, it will be deemed as a "Non Warranty Repair" and charges will be applicable.
Non Warranty Repairs
While every effort is made to repair within a few days, such repair period may be subject to parts availability and other delays.
Warranty does not include accidental damage. e.g. liquid damage (90% of keyboard faults are due to liquid spillage), cabinet or component breakage due to misuse. Damage caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion, are not covered under warranty.
Warranties do not cover loss or damage due to negligence, accidents, theft, flood, fire, earthquakes, electrical storms or any other act of God or any war related events.
The warranty on any hardware will be voided if any sticker placed on the warrantable equipment is removed, broken or tampered with.
This warranty does not cover failure of equipment due to the system not being serviced adequately, or failure from “fair wear and tear”. This warranty does not cover repairs for the replacement of parts due to incompatibility. The warranty holder will be liable to pay for these repairs.
All work must be paid in full upon completion of service. If an amount remains delinquent 14 days after its issue date, an additional 5% penalty will be added for each week of delinquency or the maximum permitted by law. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
Data Lab shall not be liable for any claims regarding the physical functioning of equipment/media or the condition or existence of data on storage media supplied before, during or after service.
In no event will Data Lab be liable for any damage to the laptop/desktop/equipment, loss of data, loss of revenue or profits, or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Data Lab has been advised of the possibility of damages or loss to persons or property. Data Lab 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.
The client and Data Lab agree that the sole and exclusive remedy for unsatisfactory work shall be, at Data Lab’s option, additional attempts by Data Lab must be allowed to complete the work in a satisfactory manner, or refund of the amount paid by the client. The parties acknowledge that the price of Data Lab services would be much greater if Data Lab undertook more extensive liability.
The client is aware of the inherent risks of injury and property damage involved in laptop/desktop repair, cell repair and data recovery including without limitation, risks due to destruction or damage to the machine, media, or data and inability to repair the machine or recover data, including those that may result from the negligence of Data Lab, and assumes any and all known risks of injury and property damage that may result.