Aero Data Recovery, Inc. Service Contract

ASSUMED NAMES. For the purposes of this contract, Aero Data Recovery, Inc. shall be refereed to as AERO, and the customer shall be referred to as CLIENT.

DATA RECOVERY SERVICES. There will be no services charge unless AERO recovers the specified data located on Client’s medium. If only a portion of this specified data is recovered, AERO shall bill pro-rata. A list or separate attachment specifying the needed data is required for this "no data / no charge" offer. If no list is provided, AERO's rate shall be based on the percentage of all data that is recovered. Determination of recovery success shall be at AERO’s sole discretion. AERO agrees to use all resources and technology available (located at AERO's data recovery laboratory in Alhambra, Illinois) to attempt said recovery, and CLIENT agrees that AERO is in no way liable in the event AERO is unsuccessful in recovering CLIENT'S data on the aforementioned medium. Any claims of missing, corrupted, or otherwise damaged data must be made in writing within 5 business days of your receipt of the recovered data. AERO assumes no liability for damage to CLIENT's property during shipment or for uninsured shipments.

WARRANTY MAY BE VOID. AERO makes no representation to maintain the warranty of any hard drive or other medium. Actions taken by AERO may void the manufacturers warranty in some situations. CLIENT understands this risk and will not hold AERO liable for damages caused by voiding the warranty.

SERVICES ESTIMATE. Cost for data recovery service is $279 per hard drive for standard service and $1200 per hard drive for priority 24/7 service. RAID disks, or any other combination of disks to create a single logical medium, shall be considered priority service and are subject to RAID pricing given inwriting at the time of case setup. An extra charge for return medium and shipping is not included in this services estimate. Overdue Invoices may be subject to a 1.5% service charge per month. Accounts that are delinquent in payment by more than 30 days will result in the loss of any and all discounts applied to original invoice. Any discounts applied are revoked if payment becomes overdue.

TURNAROUND TIME. AERO will attempt to complete the recovery within three to ten days for standard service, and will work 24/7 for priority service. Due to circumstances beyond its control, AERO does not imply, represent, guarantee or commit to a completion date. Any turnaround estimate given is an estimate only, and all amounts due under this contract apply regardless of turnaround time.

OWNERSHIP. 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 said property. By asking AERO Data Recovery, Inc. to enter into this agreement with you, as CLIENT, you declare, under penalty of perjury, that the foregoing representations are true and correct. You agree to indemnify AERO Data Recovery, Inc. for any claims against AERO Data Recovery, Inc. related to this data recovery effort, in the event that your representation that you own the data and other information is incorrect.

FAILURE TO CLAIM PROPERTY. Any property left with AERO Data Recovery, Inc. unclaimed for 90 days, will be disposed. At which time, AERO Data Recovery, Inc. shall have no liability to the client or any third party.

PREPAYMENT AND FINAL PAYMENT. CLIENT agrees to pay AERO for all services provided to CLIENT as described above. Any advance payment is to be applied to CLIENT’S final bill which is due upon receipt of an invoice from AERO. Payment includes all applicable taxes (unless you provide proof of your tax-exempt status) including, but not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes. If the original media remains unclaimed thirty (30) days after the recovery process has been ended by AERO or CLIENT, AERO reserves the right to securely destroy CLIENT’S original media at no additional charge to CLIENT.

ENTIRE AGREEMENT AND ENFORCEMENT. This Agreement (including any Addenda) constitutes the complete agreement as to its subject matter and supersedes all prior and contemporaneous oral and written agreements. All changes to this Agreement must be made in writing and signed by both parties and, accordingly, any terms on your ordering documents shall be of no force or effect. Any action by either party to enforce this agreement shall be brought about only in the courts of Illinois. Should any clause, provision, or sentence of this agreement be determined by a court to be invalid, that clause, provision, or sentence alone shall be invalid, and the remaining parts of this agreement shall be considered in full force and effect. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney’s fees.