A. Estimate/Invoice Services And Materials Delivered By Customer:

As of the date of this Estimate/Invoice, Customer has delivered to Cometa Enterprises LLC (“Company”) the items set forth above (“Drive Dropped Off”) for the services set forth above, pursuant to all terms and conditions set forth in this Estimate/Invoice.

B. Terms And Conditions Specifically For Data Recovery Services:

Regarding the recovery of data from Customer’s damaged hard drive(s)/device(s):

  1. Customer authorizes Company to perform all necessary work on Customer’s hard drive(s)/device(s).
  2. Customer agrees that Company is not responsible for any damage resulting from servicing Customer’s hard drive(s)/device(s).
  3. Customer agrees that Company may need to open Customer’s hard drive(s)/device(s) for diagnosis or repair and that Customer’s warranty may be voided.
  4. Customer agrees that if Company recovers 99% or more of Customer’s data from a hard drive/device, Customer will pay previously agreed upon rate for the recovered data from each hard drive together with all state and local taxes.
  5. Customer agrees that if Company recovers 0% of Customer’s data from a hard drive/device, Customer owes nothing (excluding return shipping costs, if applicable).
  6. Customer agrees that if Company recovers less than 99% of Customer’s data from a hard drive/device, Customer may either pay previously agreed upon rate for the recovered data from each hard drive (together with all state and local taxes) or pay a $100 labor fee for no data (not including return shipping costs, if applicable).
  7. Customer agrees that if Customer does not provide a transfer hard drive (which must be a bare SATA or non-NAS External Hard Drive), or if the transfer drive provided by Customer is defective or too small to accommodate all recovered data, Company will automatically charge Customer for, and start moving the data to, the smallest transfer drive which can accommodate all recovered data. Customer agrees that the price for a 500GB transfer drive sold by Company is $65 for each drive and larger drives are more expensive.
  8. Customer agrees that if Company recovers Customer’s data, Company will retain a backup of the data for no more than 7 days after the recovery is finished.

C. General Terms And Conditions For Data Recovery Services:

  1. Payment And Delivery: (a) Customer agrees to pay all sums due and payable under this Estimate/Invoice immediately before delivery to Customer of all hard drives and/or computer equipment previously delivered by Customer to Company. (b) Customer agrees that if Customer does not pay for all labor and parts provided by Company (as set forth herein), and/or if Customer does not take delivery of all hard drives and/or computer equipment within 14 days after delivery to Company, Customer will be charged a $10 per week storage fee. (c) Customer agrees that if Customer does not take delivery of all hard drive(s)/device(s) and/or computer equipment within 60 days after delivery to Company, they will become the property of Company. (d) Customer agrees that Customer must pay all sums due by way of cash, credit card, Paypal, or Bitcoin (physical checks are not an accepted form of payment).
  2. Receipt And Acceptance Of Estimate: California Business &Professions Code § 9844 provides that:

    “An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customer’s residence, or upon acceptance of the goods at the repair facility or registered location.”

    By signing below, Customer agrees that (a) Customer has received from Company the required estimate for data recovery and/or the repair of damaged computer equipment as set forth above, and (b) accepts this estimate and authorizes Company to proceed in accordance with this estimate as set forth herein.

  3. Return Of Hard Drives And Computer Equipment: By signing below, Customer agrees that Company has delivered (a) all transfer hard drives and recovered data to Customer, and/or (b) computer equipment to Customer, and that all such equipment has been serviced and otherwise repaired to Customer’s full and complete satisfaction:

D. Policy Of No Returns For Any Reason:

By signing below, Customer agrees that under no circumstances shall Customer be permitted to return to Company (whether for a cash refund, credit, or exchange) any goods or services provided by Company and charged to Customer under this Agreement, including, but not limited to, any transfer hard drive sold by Company to Customer in order to accommodate all recovered data, as set forth in Section D above.

E. General Terms And Conditions Of Agreement:

  1. Severability: Customer agrees that this agreement shall not terminate solely by reason of any of its terms being declared invalid or unenforceable. If any term is or becomes invalid or unenforceable, the remaining terms shall be unimpaired and the invalid or unenforceable term shall be replaced by a term that is valid and enforceable and that comes closest to the intention of the invalid or unenforceable term.
  2. Amendments: Customer agrees that no waiver or modification of any of the terms of this agreement shall be valid unless contained in a single writing and signed by Company and Customer. No course of conduct or manner of dealing between the parties shall constitute a waiver of any term of this agreement.
  3. Applicable Law: Customer agrees that this Agreement shall be governed by the laws of the State of California.
  4. Entire Agreement: Customer agrees that this agreement contains the entire understanding between Company and Customer with respect to the subject matter herein, and there are no representations, warranties, promises or undertakings other than those contained herein.

F. Arbitration Of All Disputes:

By initialing below, Customer agrees that Company and Customer will attempt in good faith to resolve any controversy or claim relating to this agreement promptly by meeting, discussing and negotiation. Any dispute that cannot be resolved by the parties within five (5) business days, shall be submitted to binding arbitration, which arbitration shall be conducted in accordance with the following provisions:

(a) Venue. The arbitration shall be conducted in Los Angeles, California.

(b) Law. The governing law shall be the laws of the State of California.

(c) Selection. The number of arbitrators shall be three (3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement, within ten (10) days after initiating an arbitration proceeding, each party shall select one reputable arbitrator familiar with the computer industry, and those two arbitrators shall then select within ten (10) days a third arbitrator (provided that if such arbitrators are unable to select a third arbitrator in such ten (10) day period, a third arbitrator shall be selected by the Commercial Panel of the American Arbitration Association). The decision in writing of the single arbitrator (or at least two of the three arbitrators, if applicable) shall be final and binding.

(d) Administration. Arbitration shall be administered by the American Arbitration Association. All proceedings will be conducted privately and all documents, testimony, records, and other evidence will be received in confidence.

(e) Rules. The Rules of Arbitration shall be the Commercial Arbitration Rules of the American Arbitration Association, as modified by any other instruments that the parties may agree upon at the time of the arbitration, except that the provisions of the California Code of Civil Procedure § 1283.05 are incorporated into and made applicable to this Agreement to arbitrate, unless the parties agree otherwise at such time. For good cause shown and on order of the arbitrator, depositions may be taken and discovery may be obtained in accordance with § 1283.09 of the California Code of Civil Procedure.

(f) Award. The award rendered by arbitration shall be final and binding upon the parties, and the award may be entered in any court of competent jurisdiction in the United States. The award shall be beyond the power of the arbitrator if the findings of fact are not supported by substantial evidence or the award is based on an error of law. The award shall include written findings of fact, a summary of the evidence and reasons underlying the decision and conclusions of law. As part of the award, the arbitrator may award reasonable and necessary costs actually incurred by the prevailing party, including (1) that party’s share of the arbitrator’s fees, costs and expenses, (2) any administration fees, and (3) reasonable attorneys’ fees. The arbitrator may not award any punitive damages to the prevailing party.

NOTICE: BY INITIALING, SIGNING, AND DATING THE SPACE INDICATED ON THE MAIL IN FORM, THE PARTIES TO THIS AGREEMENT ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED UNDER THIS “ARBITRATION” PROVISION AND THE PARTIES ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL, EXCEPT AS OTHERWISE SET FORTH HEREIN. BY INITIALING THE SPACE BELOW THE PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS “ARBITRATION” PROVISION. IF THE PARTIES TO THIS AGREEMENT REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THEY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO NEUTRAL ARBITRATION, EXCEPT AS OTHERWISE SET FORTH HEREIN.

G. Acceptance Of Estimate/Invoice:

By initialing, signing, and dating the Mail In Form, Customer agrees to all terms and conditions set forth above.

 

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