Disk Drive Doctor - Data Recovery Services & Storage Solutions

Terms & Conditions - Disk Drive Doctor Ltd.

General Terms and Conditions

Article 1. Applicability

These General Terms and Conditions are applicable on all quotes and all legal and other agreements at which Disk Drive Doctor Ltd. delivers goods and/or services of whatever nature to a Customer.
Deviations and additions to these General Terms and Conditions are only valid when these have been agreed on explicitly in writing.
If any provision of these General or the Additional Terms and Conditions for Data Recovery and Online Storage Services is null and void or is destroyed, the remaining provisions of these terms and conditions will remain entirely effective.
These General Terms and Conditions are also applicable on agreements with Disk Drive Doctor Ltd. for the execution of which Disk Drive Doctor Ltd. is required to involve third parties.
Applicability of terms and conditions of the Customer are explicitly rejected.
Where, in these General Terms and Conditions, “delivery” is mentioned, this applies to the delivery of goods as well as for the delivery or services and work of whatever nature.
Applicable is always the version such as was available at the time the agreement was made with Disk Drive Doctor Ltd.

Article 2. Bringing about, implementation and modification of the agreement

An agreement with Disk Drive Doctor Ltd. is brought about at the moment the order confirmation is sent.
Possible complementary agreements and/or promises made and/or done by our employees, or made and/or done in our name by other persons who act as our representatives, only bind us if these agreements and/or promises are confirmed in writing by by us represented authorised director(s).
Disk Drive Doctor Ltd. has the right to let certain activities be performed by third parties.
Disk Drive Doctor Ltd. is authorised to carry out the agreement in several phases and to invoice the thus carried out part separately.
If during the implementation of the agreement it appears that for a considerable implementation of it, it is necessary to modify or supplement this, then parties swiftly and in mutual consultation will proceed to adaptation of the agreement. If the nature, scope or contents of the agreement, on request or indication of the Customer or not, is modified and the agreement is modified in qualitatively and/or quantitative respect as a result, then this may have consequences for what was agreed initially. As a result, the initially agreed amount can be raised or reduced. Disk Drive Doctor Ltd. will give a quote for this in advance as much as possible. By a modification of the agreement the initially stated period of implementation can be modified. The Customer accepts the possibility of modification of the agreement, including the modification in price and period of implementation.
If the agreement is modified, including a supplement, then Disk Drive Doctor Ltd. is entitled to start implementation only after agreement has been given by the within Disk Drive Doctor Ltd. competent person and the Customer has agreed with the price quoted for implementation and other conditions, including the then to be determined time of implementation. Not or not immediately carrying out the modified agreement does not result in Disk Drive Doctor Ltd. being in default and is no ground for the Customer to cancel the agreement.
Without becoming in default, Disk Drive Doctor Ltd. can refuse a request to modify the agreement, if this could have consequences in qualitatively and/or quantitative respect for example for the services or products to be provided in that framework.
If the Customer may become in default in the sound compliance with what to which he is obliged towards Disk Drive Doctor Ltd., then the Customer is responsible for all damage (included the costs) that arise directly or indirectly on the side of Disk Drive Doctor Ltd.

Article 3. Suspension, dissolution and interim denunciation of the agreement

Disk Drive Doctor Ltd. is competent to suspend the compliance of the obligations or to dissolve the agreement at once and taken in effect immediately, if:

the Customer does not, not completely or not timely comply with the obligations from the agreement
after closing the agreement, noted circumstances give Disk Drive Doctor Ltd. good ground to fear the Customer will not comply with the obligations
by the delay on the side of the Customer Disk Drive Doctor Ltd. can no longer be demanded to comply with the agreement against the initially agreed conditions
if circumstances occur which are of such nature that compliance with the agreement can impossibly or unaltered maintenance of the agreement can in fairness not be demanded of Disk Drive Doctor Ltd.

If the dissolution is accountable to the Customer, Disk Drive Doctor Ltd. is entitled to compensation of the damage, including the costs, that arises directly or indirectly as a result.
If the agreement is annulled, the claims of Disk Drive Doctor Ltd. on the Customer are withdrawable on demand. If Disk Drive Doctor Ltd. suspends the compliance of the obligations Drive Doctor Ltd. preserves his claims from the law and agreement.
If Disk Drive Doctor Ltd. proceeds to suspension or dissolution, Disk Drive Doctor Ltd. is bound in no manner to compensation of damage and costs that have arise in any way as a result or indemnity, whereas the Customer is obligatory, on account of being in default, to compensation of damages or indemnity.
In case of liquidation, of (application of) suspension of payment or bankruptcy, of repossession - if and as far as seizure is not cancelled within three months – dependant on the Customer, of debt cleansing or another circumstance as a result of which the Customer can dispose no longer freely of its capital, Disk Drive Doctor Ltd. is free at liberty to resign the agreement at once and instantly or to cancel the order or agreement, without any obligation for his part to compensation of any damages or indemnity. The claims of Disk Drive Doctor Ltd. on the Customer are withdrawable on demand in that case.
The Customer has the right to dissolve the purchase within 7 days after receiving a product without statement of reason. Possible costs for returning the product are at the expense of the Customer. After the dissolution, the Customer is entitled to a refund to be paid within 30 days. This does not apply to the costs of Data Recovery Services.

Article 4. Prices and payment

Our prices are exclusive of shipping costs, turnover tax (VAT/IVA/BTW/GST/USt.) and other levies imposed by the government, unless explicitly and in writing else wise is agreed.
Invoices have to be paid by the Customer in accordance with the terms of payment that are set out on the invoices. In the absence of a specific regulation, the Customer will pay within fourteen days after invoice date. The Customer is not entitled to set off or to suspension of a payment. When the payment is done by bank or giro, the day of crediting Disk Drive Doctor's bank account is considered as the day of payment.
If the Customer does not make the (full) payment timely, he/she is in neglect without a further formal notice being required. In such a case Disk Drive Doctor Ltd is entitled to postpone the compliance of all commitments to the Customer which shall not affect all Disk Drive Doctor's rights resulting from the public right. Objections against the amount of an invoice do not suspend the payment obligation.
Disk Drive Doctor Ltd. can not be kept to its offers or quotations if the Customer can understand reasonably that the offers or quotations, or a part of it, contain an obvious mistake or clerical error.
In case the Customer has to make periodic payments, Disk Drive Doctor Ltd. is entitled to adjust the applicable prices and rates by providing written notice at least two months in advance. If the Customer does not wish to agree with such an adjustment, the Customer is entitled to conclude the agreement within thirty days after the notification by the date on which the adjustment would become effective.
In case of a credit card payment the Customer declares that he/she is authorised or competent to make the payment.
Payment in DDD-Store can be done by Credit Card, PayPal or Bank Transfer. All PayPal transactions (including Credit Card numbers, payments, etc.) are handled externally by PayPal.

Article 5. Delivery time and shipment

The delivery time starts on the day on which the agreement came about, provided that all data needed to complete the order is in the possession of Disk Drive Doctor Ltd. If Disk Drive Doctor Ltd. needs data from the Customer for the execution of the order, the time of delivery does not start until after the Customer has provided this correctly and completely to Disk Drive Doctor Ltd.
All (delivery) times indicated or agreed by Disk Drive Doctor Ltd. are based on the information known to Disk Drive Doctor Ltd. at the time the agreement was made. The (delivery) time indicated or agreed by Disk Drive Doctor Ltd. time can never be seen as a fatal term, unless it is explicitly agreed else wise in the individual agreement. Disk Drive Doctor Ltd. exerts itself properly to meet the agreed (delivery) periods as much as possible. Exceeding an indicated or agreed (delivery) time does not bring Drive Doctor Ltd. in neglect. In all cases, therefore also if parties have explicitly and in written agreed a final term, Disk Drive Doctor Ltd. becomes in neglect because of exceeding time only after the Customer has held Disk Drive Doctor Ltd. liable in writing. Disk Drive Doctor Ltd. is not tied to (delivery) times that can not be met as the consequence of circumstances beyond one’s control, as mentioned in Article 9 of these General Terms and Conditions. Neither is Disk Drive Doctor Ltd. tied to a (delivery) time if parties have agreed to adjustment of the contents or scope of the agreement (additional work, modification of specifications etc.). Whenever the exceedance of a term is imminent, Disk Drive Doctor Ltd. and the Customer will enter into consultation as soon as possible.
When the delivery happens in phases, Disk Drive Doctor Ltd. has the right to see every delivery as a separate shipment.
All shipments from Disk Drive Doctor Ltd. are carried out by TNT Post. The General Terms and Conditions of TNT Post are applicable to all shipments from Disk Drive Doctor Ltd. (see www.tntpost.com). Shipping prices are based on the total package weight and selected insurance level. Shipping options and prices are determined automatically by the TNT price matrix based on the Customer's location.

Article 6. Risk

The risk of loss, damage or depreciation transfers to the customer at the moment products are delivered to the Customer.
The risk of loss or damage during transport of the matters which are object of the agreement, is at the expense of the Customer. To cover this risk, Customers can take out an insurance with TNT Post via DDD-Store, or elsewhere.

Article 7. Warranties and claims

The products to be delivered by Disk Drive Doctor Ltd. meet the usual requirements and standards which can be reasonably demanded of them at the moment of supply and for which they have been intended at normal use.
Manufacturer Warranty applies to all products delivered by Disk Drive Doctor Ltd., unless mentioned otherwise.
The Customer is obliged to examine the products delivered by Disk Drive Doctor Ltd., immediately at the moment the products are made available to him/her. When doing so, the Customer should examine if the quality and/or quantity of the provided products corresponds with what has been agreed.
Customer Complaints, in relation to product defects, must be made by the Customer within 8 days of delivery. This is done by sending an email to store@diskdrivedoctor.com with an accurate description of the claim and a copy of the invoice with which the products concerned have been billed.
Every claiming right of the Customer to Disk Drive Doctor Ltd. that stands in relation to the defects of products delivered by Disk Drive Doctor Ltd., lapses when:
1. the defects have not been made known to Disk Drive Doctor by email, within 8 days of delivery.
2. the Customer does not cooperate (enough) with research to find the nature of the defects.
3. the Customer has not; placed, treated, used, kept, or maintained the products in the right way, or used the products under circumstances or for goals other than intended.
4. the Customer has carried out/allowed repairs and/or modifications to the product(s) without preceding, explicit and written authorisation.
5. the Customer continues to use products upon which a claim has been made.
6. the warranty period provided by the manufacturer has expired.
After the warranty period has expired the Customer will be charged with all costs for repair or replacement, including administration and shipping costs.
The Customer does not have a claim to warranty if the defect is the consequence of the circumstances beyond one's control as mentioned in Article 9 of these General Terms and Conditions.
If a defect claim has been made through the method indicated above, then Disk Drive Doctor Ltd. will replace the failed product, have it repaired or pay compensation to the Customer if the product has been returned within a reasonable period.
The Customer is not authorised to return a product for which no motivated claim exists. If it is established that a complaint is unfounded, then the Customer is also charged € 25,00 exclusive VAT, along with the shipping costs, for compensation of costs which arise as a result.

Article 8. Liability and protection

If Disk Drive Doctor Ltd. should be liable, then this liability has been restricted to what has been regulated in this Article.
Disk Drive Doctor Ltd. is exclusively liable for direct damage. The liability of Disk Drive Doctor Ltd. has been restricted to a maximum of the invoice value of the order, at least to that part of the order on which the liability is related. By direct damage is exclusively understood:
1. the reasonable costs for determination of the cause and the scope of the damage, as far as the determination is related to damage in the sense of these conditions
2. reasonable costs, made for the prevention or restriction of damage, as far as the Customer proves that these costs have led to restriction of direct damage as meant in these general conditions.
Outside of the cases stated in Article 8.2 Disk Drive Doctor Ltd. carries absolutely no liability for damages, irrespective of the ground on which a campaign for compensation would be based.
Disk Drive Doctor Ltd. is never liable for consequential damage, including ensuing damage, lack of profit, missed savings and damage by stagnation of the company or of any other sort.
Disk Drive Doctor Ltd. is not liable for damage, of whatever nature, that has arisen because Disk Drive Doctor Ltd. has assumed incorrect and/or incomplete data supplied by or on behalf of the Customer.
Any right to damages must be validated by a claim in writing within 8 days after discovery of damage under penalty of decline of rights.
The Customer protects Disk Drive Doctor Ltd. for possible claims from third parties which suffer damage in connection with the implementation of the agreement. The damages and costs resulting out of these liabilities are for the Customer.
If a claim is made by a third party then the Customer is obliged to legally assist Disk Drive Doctor Ltd. and immediately do all that could be expected from him/her in that case. If the Customer should fail in taking adequate measures, then Disk Drive Doctor Ltd. is entitled to proceed to do so, without making a claim. All costs and damages on the side of Disk Drive Doctor Ltd. and third parties that arise as a result of that, become integrally costs and risk of the Customer.

Article 9. Circumstances beyond one’s control

Disk Drive Doctor Ltd. is not obliged to fulfil any obligation towards the Customer if Disk Drive Doctor Ltd. is impeded to this as a result of a circumstance which is not owed to blame, and nor under the law or an act of law comes at its expense.
Circumstances beyond one’s control need to be seen as: every circumstance beyond Disk Drive Doctor's control that is of such nature that fulfillment of the agreement in all reasonableness can not be expected from Disk Drive Doctor Ltd. Circumstances beyond one’s control also include: war, riots and hostilities of what ever nature, blockade, boycott, natural disasters, epidemics, lack of raw materials, hindrance and interruption of the transport possibilities, local disturbances, theft, import/export limitations or bans, hindrances caused by measures, laws or decisions of international, national and regional (government) authorities. If Disk Drive Doctor, because of circumstances beyond one's control, can not, not complete or not timely fulfil delivery obligations, Disk Drive Doctor Ltd. is authorized to annul or partly annul the agreement, or postpone for a set or not set time. In case of circumstances beyond one’s control the Customer cannot claim damages from Disk Drive Doctor Ltd.
Disk Drive Doctor Ltd. can suspend the obligations from the agreement during the period that the circumstances beyond one's control continue. If this period lasts longer than two months, then each party is entitled to annul the agreement, without obligation to pay compensation for damage to the other party.

Article 10. Applicable right and disputes

On all legal relations Disk Drive Doctor Ltd. being a party, exclusively the Dutch law is applicable, also if an obligation is entirely or partially implemented abroad or if the party involved in the legal relation has place of residence there. The applicability of the UN Convention on the International Sale of Goods (CISG) is explicitly excluded.
Parties will only appeal to a judge after they have exerted themselves to the extreme to settle a dispute in mutual consultation.
The disputes between Disk Drive Doctor Ltd. and the Customer which could arise as a result of an agreement made by Disk Drive Doctor Ltd. with the Customer or as a result of further agreements which could be the consequence of that, will be settled by an authorised Dutch judge in Amsterdam, The Netherlands.

Additional Terms and Conditions for Data Recovery Services

In addition to the General Terms and Conditions, Additional Terms and Conditions for Data Recovery Services apply when Disk Drive Doctor Ltd. provides Data Recovery Services to the Client.

The Client warrants that he/she is the legal owner or the authorised representative of the legal owner of the device, media and/or data which he/she has provided to Disk Drive Doctor Ltd. for Data Recovery Service purposes. The Client warrants that that the data provided by him/her is legal and that he/she has the unrestricted legal right to:

send the device, media, and/or data to Disk Drive Doctor Ltd.
have the data recovered
receive the recovered data
agree to these terms.

The Client guarantees that the rights of third parties do not oppose providing equipment, software, material or electronic data to Disk Drive Doctor Ltd. for processing. In such cases the Client will safeguard Disk Drive Doctor Ltd. against any action.

The Client shall undertake full responsibility for any transfer of data to Disk Drive Doctor Ltd., including arranging and paying for packaging, transport and insurance.
The Client authorises Disk Drive Doctor Ltd. and/or its partners or subcontractors, to receive and transport his/her equipment/data/media to, from and between facilities.
The Client authorises Disk Drive Doctor Ltd. and/or its partners or subcontractors 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 the Client from time to time.
All the data indicated in the Diagnosis Report is rescued in the Recovery Process. In some instances the data may be partially corrupt after it is recovered. If possible these files will be repaired when testing the data integrity. In the unlikely instance that some of the data included in the Diagnosis Report is irrecoverable, the Client will only be charged for the total data recovered and any overpayment will be reimbursed.
Advanced Data Recovery Services require a non-refundable payment for a Detailed Diagnosis to be undertaken. All Recovery Costs, Standard and Advanced, are governed by No Data / No Charge policy.
Disk Drive Doctor Ltd. will exercise all due care and in handling any Client data/devices. Disk Drive Doctor Ltd. is not liable for possible warranty infringements arising from opening of devices. The Customer acknowledges that this is a risk accepted by him/her, that outweighs the chance of being able to recover the lost data.
The Client is aware of the inherent risks of damage involved in Data Recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Disk Drive Doctor Ltd., and assumes any and all known risks of damage that may result.
Disk Drive Doctor Ltd. is not liable for any claims arising from loss of integrity, performance or functionality of devices/data before, during and after diagnosis and recovery procedures.
Disk Drive Doctor Ltd. will keep a copy of all recovered data for a period of 14 days after shipment or until the Client indicates that it has arrived safely. After 14 days the data is destroyed by Disk Drive Doctor Ltd. unless the customer has indicated that they have not yet received the recovered data.
When ordering Data Recovery Services or within 30 days of receiving a Diagnosis Report the client must request the return of their old media either through DDD-Store or in writing to Disk Drive Doctor Ltd. If a drive/device can be reused after recovery it is reformatted with the original file system and tested before being returned. If return of old media is not requested then the data still present will be destroyed and the media will become property of Disk Drive Doctor Ltd., at which time, Disk Drive Doctor Ltd. shall have no liability to the Client or any third party.
Disk Drive Doctor Ltd. agrees not to disclose any and all information or data files supplied with, stored on, or recovered from media from the Customer except to employees, partners, subcontractors, lawyers, or agents of Disk Drive Doctor Ltd. subject to confidentiality agreements or as required by law. This confidential information shall not be used by Disk Drive Doctor Ltd. for any other purpose than Data Recovery. If Disk Drive Doctor Ltd. is legally compelled to disclose any part of the confidential information, Disk Drive Doctor Ltd. may disclose such information without any liability hereunder.

Additional Terms and Conditions for Online Storage Services

In addition to the General Terms and Conditions, Additional Terms and Conditions for Online Storage Services when Disk Drive Doctor Ltd. provides Online Storage Services to the Client.

Article 1. Online Storage accounts

You must be at least 18 years old to open up an Online Storage account, and you represent that you are at least 18 years old by registering for an Online Storage account. Parents may obtain an Online Storage account for minors, and by doing so, consent to such minor’s use of such Online Storage account. Parents assume full responsibility and liability associated with a minor's use of the Online Storage account.
In the event the Client is a corporation, partnership, limited liability, joint venture, other business entity or group of individuals, the individual that signs the contract for the Online Storage account certifies that he/she has the authority to bind the corporation, partners, joint venture or individuals in this manner.
All Online Storage accounts are valid for the duration of a 1 year period. Online Storage Clients will be notified prior to the account's expiration with an offer of renewal or upgrade to be paid at least 16 days prior to the account expiration date. If the account is not renewed by the Client it will be closed on the expiration date.
There is no cancellation fee. The Client may cancel his/her Online Storage account at any time by sending an email to store@diskdrivedoctor.com but receives no refund for any remaining time on his/her contract.
You must retain accurate contact information to avoid having your account terminated.
You agree that Disk Drive Doctor Ltd. may, under certain circumstances and without prior notice, immediately terminate your Online Storage account.
All activities may be monitored, recorded, and examined by any authorized person, including law enforcement agents.
Disk Drive Doctor Ltd. reserves the right to refuse service to anyone for any reason.
If you do not agree to the Terms and Conditions for Online Storage Services, you must discontinue the registration process or, if you are already a Client, cancel your Online Storage account.

Article 2. Violation of Terms and Conditions for Online Storage Services

The Customer violates these Terms and Conditions for Online Storage Services when he/she (or his/her affiliates or customers) engages in the following prohibited activities:

Child pornography
The use of Online Storage Services to store or otherwise make available child pornography is prohibited. Disk Drive Doctor Ltd. is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on Online Storage accounts.
Other illegal activities
The use of Online Storage Services to engage in any activities that are determined by Disk Drive Doctor Ltd., in its sole and absolute discretion, to be illegal is prohibited. Disk Drive Doctor Ltd. will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Online Storage account.
Other Activities
Engaging in any activity that, in Disk Drive Doctor Ltd.'s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Online Storage Services, Disk Drive Doctor Ltd.'s business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Disk Drive Doctor Ltd.'s customers to effectively use the Online Storage Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms and Conditions for Online Storage Services. In addition, the failure by a Client to cooperate with Disk Drive Doctor Ltd. in correcting or preventing violations of these Terms and Conditions for Online Storage Services by, or that result from the activity of, a customer of the Client is a violation of these Terms and Conditions.

In general, Disk Drive Doctor Ltd. does not monitor its Clients' activities to determine whether they are in compliance with Disk Drive Doctor Ltd.’s Terms and Conditions for Online Storage Services. However, when Disk Drive Doctor Ltd. becomes aware of any violation of these Terms and Conditions, Disk Drive Doctor Ltd. may take any action to stop or correct such violation, including, but not limited to, denying access to the Online Storage account, and/or removing information. In addition, Disk Drive Doctor Ltd. may take action against a Client or a customer of such Client because of the activities of such Customer. Disk Drive Doctor Ltd. reserves the right to take any such action even though such action may affect other customers of the Client.
Disk Drive Doctor Ltd. may disclose any information in its possession, including, without limitation, information about the Customer in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Disk Drive Doctor Ltd. or others from harm, and/or to ensure the proper operation of the Online Storage Services. Disk Drive Doctor Ltd. has no obligation to notify any person, including the Customer about whom information is sought, that Disk Drive Doctor Ltd. has provided the information.
In the event a cancellation is necessary because of violation of these Terms and Condition for Online Storage Services, no refund will be issued for the remainder of the Customer’s Online Storage account contract from the date of cancellation.

Article 3. Privacy statement

Disk Drive Doctor Ltd. will do everything in its power to ensure your right to privacy.
Disk Drive Doctor Ltd will not sell your personal information.
Disk Drive Doctor Ltd keeps all your information confidential.
Disk Drive Doctor Ltd. has reasonable and appropriate security measures in place to protect against the loss, misuse and alteration of the information under it's control. Please be advised, however, that Disk Drive Doctor Ltd cannot guarantee or warrant the security of any information you disclose or transmit to Disk Drive Doctor online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information.
Access to your account is protected by a password that is distributed to you when you purchase an Online Storage package. Disk Drive Doctor recommends that you do not disclose your password to any other person. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.

Article 4. Limitation of Disk Drive Doctor Ltd’s liability

Disk Drive Doctor Ltd. shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall Disk Drive Doctor Ltd. be liable under contract, negligence, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not Disk Drive Doctor Ltd. has been advised of the possibility of such loss or damages. Disk Drive Doctor Ltd. shall not be liable for the cost of procurement of substitute goods, services or technology. Disk Drive Doctor Ltd.’s entire liability and your exclusive remedy with respect to any use of the Online Storage Services is the cancellation of your Online Storage account as set forth herein. In no event shall Disk Drive Doctor Ltd.’s liability to you exceed the greater of any amounts actually paid by you to Disk Drive Doctor Ltd. for the prior 1 year period. No action, regardless of form, arising out of these Terms and Conditions for Online Storage Services or out of the Online Storage Services may be brought by you or Disk Drive Doctor Ltd. more than one year after the event which gave rise to the cause of action has occurred.

Article 5. Warranty disclaimer

You acknowledge that the Online Storage Services are provided “as is, as available” without any warranty of any kind.
Disk Drive Doctor Ltd. hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the Online Storage Services, or with respect to the quality or accuracy of any information obtained from or available through the use of Online Storage Services, or that the Online Storage Services will be uninterrupted, error-free or free of viruses or other harmful components. The Online Storage Services may contain errors. No advice or information given by Disk Drive Doctor Ltd.'s representatives including, without limitation, customer support representatives, shall create a warranty.
Disk Drive Doctor Ltd. does not guarantee that Customers will be able to use the Online Storage Services at times or locations of their choosing.
Disk Drive Doctor Ltd. does not warrant that the Online Storage Services are compatible with any third party service or software, even if such third party claims, represent or warrants that such service or software is compatible with any service or Disk Drive Doctor Ltd.'s Online Storage Services in particular.

Article 6. Policy changes

While Disk Drive Doctor Ltd. will provide its Clients with reasonable notification, Disk Drive Doctor Ltd. reserves the right to change its policy at any time to meet the needs of our cleints, changing laws and new technology.
Changes to the Terms and Conditions for Online Storage Services apply to you. You may review the most current version of the Terms and Conditions for Online Storage Services at the website, http://www.diskdrivedoctor.com/terms-conditions.html. Disk Drive Doctor Ltd. may change the Terms and Conditions for Online Storage Services or change the scope of the Online Storage Services, in whole or in part, at any time at Disk Drive Doctor Ltd’s sole discretion. Posting of such changed Terms and Conditions for Online Storage Services on the website shall constitute notice of such changes to you, although Disk Drive Doctor Ltd. may choose additional types of notice. Disk Drive Doctor Ltd. will use reasonable efforts to provide you with 7 days advance notice of changes to the Terms and Conditions for Online Storage Services that materially and adversely impact your use of the Online Storage Services. Your continued use of the Online Storage Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your Online Storage Account as described in these Terms and Conditions.

Terms and Conditions of Use of the Disk Drive Doctor Website

These terms and conditions of use of the Disk Drive Doctor website (“Website Agreement”) is between you and Disk Drive Doctor Ltd., Postbus 51157, 1007 ED Amsterdam, The Netherlands.
Use of the Disk Drive Doctor Website (“Website”) signifies your agreement to the terms and conditions of use set forth in this Website Agreement.
You acknowledge that you have read these terms and conditions of use and that you accept the terms thereof. You agree to read these terms and conditions of use carefully before using this Website. If you are not satisfied with the Website or do not agree to these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Website.
Please note that in addition to these terms and conditions of this Website Agreement, supplementary terms and conditions may apply to your use of various portions of this Website. Please review all notices and license agreements applicable to the portion of the Website you are using. In addition, Disk Drive Doctor Ltd. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Website Agreement, in whole or in part, at any time. By using the Website you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound.
Disk Drive Doctor Ltd. may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, products or services, or Content (as defined below). Disk Drive Doctor Ltd. may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Prices and availability are subject to change without notice. Errors will be corrected where discovered and Disk Drive Doctor Ltd. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted.
Content on or comprising the Website, including, but not limited to, information, images, data, software, products, services, photographs, videos, sounds and other material (collectively “Content”) is protected by copyrights, trademarks, patents or other proprietary rights, and these rights are valid and protected in all forms, media,and technologies existing now or hereinafter developed. All Content is protected by copyright as a collective work and/or compilation, pursuant to international conventions and copyright laws. Except where otherwise expressly noted, the Content of the Website is only for your personal, non-commercial use. You will abide by any and all additional terms and conditions, copyright notices, information or restrictions contained in any Content on the Website. You may download and make a copy of the Content and other downloadable items displayed on the Website for personal, non-commercial use only, provided that you maintain all copyrights and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Disk Drive Doctor Ltd. or the copyright holder identified in the individual Content copyright notice. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame”, link or use Content for public or commercial use without written permission from an authorised representative of Disk Drive Doctor Ltd.
Any software that is made available for use via the Website or for download from the Website (“Software”) is the copyrighted work of Disk Drive Doctor Ltd. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies, or is included with, the Software (“End User License Agreement”). You agree to comply fully with all laws and regulations of the Netherlands and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof (1) are exported, directly or indirectly, in violation of Export Laws or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
You hereby agree to indemnify, defend and hold Disk Drive Doctor Ltd. and all its directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your misuse of this Website including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defence of any claim. Disk Drive Doctor Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Disk Drive Doctor Ltd.
The Website may contain links and pointers to other related internet sites, resources, and sponsors of the Website. Links to and from the Website to other sites of third parties, maintained by third parties, do not constitute an endorsement by Disk Drive Doctor Ltd. of any third party resources, or their contents. Links are provided for your information and convenience only. Disk Drive Doctor Ltd. can take no responsibility or liability for the content of other sites of third parties.
Disk Drive Doctor Ltd. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Disk Drive Doctor Ltd. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
The Website, including all Content, Software, functions, materials and information made available on or accessed through the Website, is provided “as is”. Disk Drive Doctor Ltd. and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the Content on the Website or the materials, information and functions made accessible by the software used on or accessed through the Website for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Website or any linked site. Further, Disk Drive Doctor Ltd. disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Disk Drive Doctor Ltd. does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. Disk Drive Doctor Ltd. Is not liable for the use of the Website, including, without limitation, the Content and any errors contained therein.
If any provision of this Website Agreement is null and void or is destroyed, the remaining provisions of this Website Agreement will remain entirely effective.
This Website is governed exclusively by Dutch law.