Terms and Conditions

The Engagement:

Customer engages AI Networks. (“AI Networks”) and/or its suppliers and divisions to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer from time to time.

Confidentiality:

AI Networks will use any Customer information contained in the data, media and/or equipment provided to AI Networks by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this agreement will remain Customer’s sole property, and AI Networks shall employ reasonable measures to prevent the unauthorized use of such information, which measures shall not be less than those measures employed by AI Networks in protecting its own confidential information. AI Networks will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to AI Networks) and not to any other party.

HIPAA Administrative Simplification Statute and Rules:

AI Networks will adhere to the HIPAA Administrative Simplification Stature and Rules for this Engagement, and will otherwise hold such Customer information in strict confidence under the HIPAA statue. All testing of the data is done for quality only. Additional copies of any data stored for shipping loss purposes will be destroyed within 14 days of shipping.

Payment:

Customer agrees to pay AI Networks all sums authorized from time to time by Customer, which will typically include charges for AI Networks services, reasonable travel and per diem expenses for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by AI Networks, all such sums are due and payable in advance, by company check, bank money order, or credit card.

Consent:

Any consent required of either party will be effective if provided in a commercially reasonably manner, which includes without limitation, verbal authorization if followed by written confirmation by AI Networks at the earliest possible opportunity, and/or facsimile.

Acknowledgment of Existing Conditions:

Customer acknowledges that the equipment/data/media may be damaged prior to AI Networks receipt, and Customer further acknowledges that the efforts of AI Networks to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. AI Networks regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during AI Networks efforts to complete the Engagement.

Non-Disparagement:

For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about AI Networks or any of its employees or officers. The parties agree and acknowledge that this non-disparagement provision is a material term of this Agreement, without this Non-Disparagement would have resulted in the Company refusing to enter into this Agreement. All parties agree that if a breach were to occur, it would be difficult to determine actual damages: Based on what the parties presently know yelp accounts for 6% revenue loss for each point, they agree that $10,000 is a reasonable estimate of the damages that would accrue if a breach occurred in the future; and All parties agree that the amount of liquidated damages is fair and reasonable and would not act as a penalty to the breaching party.

No Warranties; Disclaimer of All Warranties:

AI Networks, makes and customer receives no warranties or conditions for any good or service, express, implied, statutory, or in any communication with customer, and AI Networks specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, and arising from usage of trade or course of dealing or performance.

Limitation of Liability; Limitation of Damages:

In no event will AI Networks be liable for any indirect damages whatsoever. The total liability of AI Networks to Customer under this Agreement shall in no event exceed the total sums paid by Customer to AI Networks.

Customer’s Representation and Indemnification:

Customer warrants to AI Networks that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to AI Networks, and that its collection, possession, processing and transfer of such equipment/data/media is in compliance with data protection laws to which Customer is subject; and Customer will defend, at its expense, indemnify, and hold AI Networks harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against AI Networks resulting from Customer’s breach of this section.

Non-Refund Policy:

All service fees, priority fees and data recovery fees are non-refundable. Unless arranged, all drives are disposed of properly after 30 days. Your device may be destroyed in the recovery attempt. Storage of each drive is free for two weeks.

Miscellaneous:

The parties agree that the laws of the state of California shall govern this Agreement and agree to venue in Orange County, California; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control. This Agreement, together with any exhibits or other attachments provided by AI Networks, constitutes the entire Agreement between the parties in relation to this subject matter and supersedes all other terms including any Customer purchase order terms.