Request for service:
The data recovery service request forms downloaded from the web site and anticipated by fax or e-mail and online-compiled form do not in any way engage the Customer in using the service itself, But they allow you to get a technical pre-evaluation, completely free, based on the experience of Aesse Service S.r.l., on the directions provided by the Customer in the form itself. The Customer, therefore, assumes the responsibility for the correctness and completeness of the information provided to Aesse Service S.r.l. For any consequence resulting from inaccurate or erroneous indications.
Aesse Service S.r.l. Assumes no responsibility as to the degree of reliability of the pre-evaluation provided since the proper assessment of the possibility of recovering the data is subject to the delivery of defective media at Aesse Service S.r.l. For the necessary diagnostic.
Development of the service:
If the Customer decides to use the service of Aesse Service Srl, he / she is required to read and sign the present "General Conditions", as indicated in the downloadable form and / or the online form, and to attach them to the shipment of the defective product At the Aesse Service Srl laboratories If the Customer has not attached such documents to the shipment, the product will be processed as specified in the "Intervention Statement" for the specific media, also available on the Web site, and the "Terms and Conditions" will be considered tacitly accepted. Aesse Service S.r.l. can perform the work at its own discretion or run it from certified partners, even abroad. The signatory of the "Data Recovery" module, will be considered the payer of the service, even if not the owner of the data, or in case that the defective media is received from Aesse Service S.r.l. from third parties. In any case, the payer is jointly liable for the payment of the services rendered by Aesse Service S.r.l.
Diagnostics and Data Recovery - 1st Level:
If the Customer decides to send the defective media to our Laboratories, to take advantage of the data recovery service, the Customer is required to pay the cost of the diagnostic phase, regardless of the outcome of the data recovery service itself, and/or of accepting or not the possible estimate for the subsequent data recovery process. The related costs, as well as the terms and conditions of payment, are reported analytically in the "Prices" section in our website.
Diagnostics and Data Recovery - 2nd Level:
For technical reasons, the ability to perform a 2nd Level data recovery is excluded for certain types of media (tapes, cdrom/dvd, floppy disks, memory card). If the Customer decides to send the defective media to Aesse Service S.r.l. in order to take advantage of the "Data Recovery" service, it is required to pay the cost of the diagnostic phase, regardless of the result of the outcome of the data recovery service itself and/or of accepting or not the possible estimate for the subsequent data recovery process. The related costs are reported analytically in the "Prices" section of our website.
No guarantee of success:
The Diagnostic and Data Recovery Service, includes only the Aesse Service S.r.l. with the aim of recovering the data from the damaged media, without any prior warranty regarding the positive outcome of the service. No charges or disputes can be made to Aesse Service S.r.l. in the event of failure, being merely a means of payment and not of the result of the service. Aesse Service S.r.l. will deem ineffective any agreement, obligation, warranty or promise made by the Customer to third parties regarding the degree of recoverability or irrecoverability of the data on the outcome of the work provided by Aesse Services S.r.l. Aesse Service S.r.l. makes available to the Customer all his means, knowledge, and experience to retrieve those data, to which the buyer, through his means, is no longer able to access and to minimize the damage of the media. Aesse Service S.r.l. only guarantees its commitment to the objective to be achieved, but does not guarantee the success of the operation.
As a result of interventions to be performed on defective materials, no liability is assumed for alleged damage to hard-software or for further data loss. Liability for transport risk never exceeds that of the competent transport company. In any case, Aesse Service S.r.l. Declines any responsibility for the risk of shipping itself. The goods will always travel at the risk and danger of the buyer. Only data that is stored on the media can be recovered from the media, even if partially erased, incomplete or defective. The order is deemed successful with the delivery of the data specified in the quote. Any legitimate complaints must be filed in writing to Aesse Service S.r.l. Within 3 days. Working from reception. Aesse Service S.r.l. Does not respond to any loss of earnings, loss of profit, and consequential damages suffered by the Customer. In any case, however, the liability will be limited, regardless of the reasons, to the amount of VAT-free invoice of each individual processing. The limitations of the above liability do not apply in case of damage to persons or damage caused by gross negligence or negligence.
Phases of the data recovery service:
Sending the defective media at Aesse Service S.r.l. Will be understood as an automatic authorization to perform the 1st Level Diagnosis. For the effect, the Customer is required to pay, regardless of the outcome of the service and / or the acceptance of any recovery estimate, the sole cost of acknowledgement and the related shipping costs if by Aesse Service S.r.l.. If 1st level processing is not possible, Aesse Service S.r.l. will communicate the estimate for the 2nd level diagnostics in the clean room in cases where the media type is susceptible to 2nd level intervention. In case of acceptance of the estimate, the Client will be obliged to pay the amount due in advance and the work will commence from the time when Aesse Service S.r.l. Will have received the payment. In the case of non-acceptance of the quote, the Customer is required to pay only the acknowledgement cost and the related shipping costs for the return, if by Aesse Service S.r.l. At the end of the 2nd Level Diagnostics, where possible, the file list containing the list of recoverable files and the cost for the Data Recovery will be communicated. In the case of non-acceptance of the quote, the Customer is only required to pay for the cost of transport for the return, if by Aesse Service srl. (The cost for the Diagnosis must have been previously settled). In case of acceptance of the estimate, the Client is required to pay the amount due in advance and the work will commence from the time when Aesse Service S.r.l. Will have received the payment.
Diagnosis / Recovery Execution:
The diagnosis consists of an analysis of the type and extent of the damage caused to the files as well as the exact determination of the possibilities of data recovery. If the customer accepts the relevant estimate when the results of the analysis are submitted, the data will be restored based on the results of the diagnosis and stored by Aesse Service S.r.l. On CD supports or, upon agreement, on other types.
The material must be delivered to our warehouse, accompanied by delivery note with causal "Data Recovery" or, for private individuals, by Letter of Duty. The return will always be at our warehouse, with withdrawal to the care and risk of the Customer. If requested, the return of the material can be made to our care, with transport charges invoiced.
The customer will have to pay the service provided in any case, based on the Price List, and not in proportion to the desired success. All remuneration for the interventions carried out at the various stages and levels must be paid in advance. The remuneration (s) must be paid prior to the return of the support (s) with the restored data.
Return of the defective media:
Upon express and prior request of the Customer, Aesse Service S.r.l. Will return the defective media. The cost of returning defective media, and only for 2nd level clean room service, is to be considered as a contribution to the re-assembly of the unit; Therefore it does not include the shipping costs of the courier, which are still the customer's responsibility.
Certificate of data recovery:
At the express request of the Customer, Aesse Service will issue a certificate of recovery, which can normally be used for insurance purposes. The release is expected in relation to all working levels. The cost of issuing the certificate of recovery is indicated in the quotations.
Duty of Collaboration by the Customer:
The customer undertakes to make available to Aesse Service S.r.l. the absolutely necessary information for processing, which is required in the Data Recovery Module. Aesse Service S.r.l. Declines any responsibility for facts caused by partial or incorrect indications.
Security and Data Protection:
All the steps that Aesse Service S.r.l. will perform will be subject to severe security controls. All Aesse Service S.r.l. employees are required to maintain the absolute confidentiality of the data processed. The customer agrees that Aesse Service S.r.l. processes the data and information provided by the customer in order to recover and restore them. Aesse Service S.r.l. Undertakes to keep all data and all processing information confidential and to use them exclusively for reasons and purposes related to the exact fulfillment of the service covered by this contract. Unless otherwise agreed in these "General Conditions", the provisions of the Data Protection Act for Non-Public entities are applied.
In order to protect your know-how, Aesse Service S.r.l. Will not provide any information about the procedures, methods and auxiliary means used to diagnose and recover data. Any obligation of information in this regard, is categorically excluded. The delivery terms are intended purely indicative, and may vary in case of any possible complexity of the intervention. Any delays will not entitle the Customer to cancel the contract without charge. If the Customer wishes to interrupt the already commissioned intervention, he must provide written notice. The refund of the support will take place after payment of the expenses up to that time incurred by Aesse Service S.r.l. Under no circumstances may such costs exceed the estimated price.
Competent court of law:
For any divergence, the Forum of Milan is elected.