Clause 1 — Integral and Complementary Documents
The following documents form part of this Contract: (I) Service Terms — Contract Information Summary (RIC); (II) Privacy and Data Protection Policy (PPPD); (III) Media Delivery Term (TEM); and (IV) any other instruments signed by the parties related to service delivery, such as the Diagnosis and Quote.
Clause 2 — Object and Activities
2.1 Object
The object of this Contract is the attempt to recover inaccessible data from damaged media/devices owned by the CLIENT. The service is performed through three activities:
- Media Analysis and Diagnosis at HD Doctor's laboratory.
- Data Recovery, after successful reconstruction of the device.
- Delivery of Recovered Data onto another device.
2.2 Nature of the Service
HD Doctor does not promise or guarantee data recovery, despite its high success rate. The CLIENT acknowledges that (i) they could not recover the data themselves; (ii) the condition of the media may be irreversible; (iii) seals and warranty labels may be removed when necessary, with resulting loss of manufacturer warranty.
2.3 Best-Efforts Obligation
The service is a best-efforts obligation, not a result-based one. HD Doctor commits to all reasonable efforts within its technical capacity. No recovery, total or partial, is not considered a breach of contract.
Clause 3 — Recovery Procedure
3.1 Intake
The CLIENT delivers the device to HD Doctor's lab in Belo Horizonte/MG or São Paulo/SP, or uses a collection point (shipping via Correios at the CLIENT's cost and risk). Diagnosis ETA: 24h (12h under urgency).
3.2 Diagnosis and Quote
HD Doctor emails a Diagnosis and Quote. Work begins only after formal email approval by the CLIENT. Non-response implies contract termination.
3.3 Recovery
Upon approval, reconstruction and forced read are executed. ETA: 10 business days (7 under urgency).
3.4 Delivery
- Up to 15 GB: USB drive, no extra cost.
- Over 15 GB: CLIENT ships an HDD or purchases one from HD Doctor.
- Cloud storage delivery is not accepted.
Clause 4 — General Conditions
- All steps must be performed at HD Doctor's own facilities.
- Devices must be collected within 90 days of authorization; otherwise, HD Doctor is authorized to dispose of them permanently.
- Lack of interest in recovered data does not waive the agreed payment.
- Re-assembly, when possible, must be requested in writing with 3 business days' notice, at extra cost.
- After delivery confirmation, HD Doctor keeps the data for a maximum of 7 days before automatic deletion.
Clause 5 — Price and Payment
Due: (I) the RIC amount for analysis and diagnosis; and (II) the Diagnosis and Quote amount, covering preliminary and finalization services. Re-assembly, urgency and Correios shipping are charged separately. Payment: credit card, bank deposit or transfer. Late payment: 10% penalty and 1% monthly interest.
Clause 6 — Term and Termination
Effective from RIC signature, for indefinite term until service completion. May be terminated without penalty upon liquidation/insolvency or breach. CLIENT may withdraw free of charge, in writing, before any service is rendered (CDC art. 49). Partial delivery requires proportional payment. Breach: 30% penalty of contract value.
Clause 7 — Final Provisions
This Contract is the entire agreement between the parties. It constitutes an extrajudicial enforceable instrument under Brazilian CPC art. 784, III.
Clause 8 — Dispute Resolution
Any disputes shall be resolved in the courts of Belo Horizonte/MG, Brazil, with the parties waiving any other jurisdiction.
Contact
HD Doctor — I&T Tecnologia e Serviços LTDA. — ME
CNPJ 04.646.588/0001-06
Rua Sebastião Fabiano Dias, nº 210, Suite 37, Belvedere, Belo Horizonte/MG, Brazil, 30.320-690