1. The Customer guarantees that they are the owner or has their consent to the use of all data and data storage media sent to BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA and that they are in compliance with current laws.
2. BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA is authorised to handle the data and equipment sent by the customer for the purpose of carrying out the Diagnosis and Estimate Procedure and the Data Recovery Procedure and agrees not to disclose any information without the customer’s agreement.
3. The Customer recognises that the data or data storage media sent to BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA may be faulty and that best efforts to carry out the Diagnostic and Quotation Procedure or the Data Recovery Procedure, which may include logical manipulation of the data and physical manipulation of the components of the devices sent may result in additional damage, the cancellation of the guarantee and the partial or total loss of data, and BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA cannot be held liable for any damage caused or loss arising therefrom.
4. In order to carry out the Diagnostic Procedure, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA needs to receive the device on which the data is stored at its laboratory. For this purpose, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA will hire a reputable transport company operating in the national market at no cost to the customer. The Customer accepts that loss, damage or delays are the responsibility of the contracted transport company.
5. Without prejudice to point 4, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA may charge a transport fee in the archipelagos of Madeira and the Azores.
6. The Diagnosis and Estimate Procedure will be carried out free of charge with the following exceptions:
6.1 The data storage device has been previously dismantled.
6.2 Highly complex situations. Due to the specific nature of some Data Recovery Requests, between different RAID systems, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA may need to prepare a dedicated laboratory environment that includes the acquisition of parts, know-how or equipment.
7. The Diagnostic and Budgeting Process may include the recovery of a sample of the data to assess its integrity.
8. Based on the results of the Diagnostic and Budgeting Procedure, the client will be given an estimate of the duration of the work and the price of carrying out the Data Recovery Procedure.
9. If it is diagnosed that data recovery is impossible or if the customer refuses the quote provided, the customer is required to collect the devices sent for the Diagnosis and Quote Procedure within a maximum period of 10 (ten) calendar days. After this period, the devices may be dismantled and disposed of, and BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA shall not assume any liability towards the customer.
10. Work on carrying out the Data Recovery Procedure will begin once the customer has accepted in writing the quotation submitted by BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA for carrying out this work.
11. BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA will not observe the entirety of the recovered data and does not guarantee the integrity of the entirety of the data resulting from the execution of the Data Recovery Procedure. Whenever possible, an automatic process will be used to separate correctly recovered data from data recovered with some kind of issue.
12. Upon completion of the Data Recovery Procedure, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA will send the Client a report with the results obtained. In the event of successfully carrying out the Data Recovery Procedure, the report will include a list of the data recovered or other equivalent evidence. In the event of failure, the report will include a technical explanation. The Client agrees that the data will only be sent after confirmation of full payment for the work carried out.
13. After confirmation of full payment for the work carried out, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA agrees to return the recovered data. For this purpose, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA will hire a reputable transport company operating in the national market at no cost to the customer. The Customer accepts that loss, damage or delays are the responsibility of the contracted transport company.
14. BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA will keep a copy of the data for a period of 20 calendar days. During this period the Customer may request clarification of doubts or a second copy of the data, for which an additional fee may be charged. During this period, the Customer may request the collection of the data device. After this period, the data will be securely destroyed and the customer’s data device will become the property of IberoCoreData and can be reused for parts.
15. In situations with specific skill levels, e.g. devices recently launched on the market, BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA may call on national or international partners, with the customer’s consent, to carry out the Diagnosis and Estimate Procedure or the Data Recovery Procedure. BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA assumes no responsibility for any loss, displaecement or additional damage to the customer’s device.
16. BLUE CHIP CUSTOMER ENGINEERING PORTUGAL, UNIPESSOAL LDA assumes no responsibility for the customer’s device during all phases of the Data Recovery process, including transport.
17. Conditions not regulated in the Terms and Conditions of the Services Provided are subject to Portuguese Law. In the event of a dispute, it shall be submitted to the jurisdiction of the Lisbon District Court.